By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Brenda Hoxeng (“Coach”), acting on behalf of Brenda Hoxeng (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
METHODOLOGY. Client agrees to be open minded to Coach’s methods and partake in services as proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program. Coach may revise methods or parts of the Program based on the needs of the Client.
PAYMENT AND REFUNDS
By participating in the Program, Client acknowledges that the Coach is not a medical doctor, psychologist, and her services do not replace the care of other professionals. Health coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching provided.
The Coach may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future result that may be derived as a consequence of use of Coach’s website, programs, products or services.
You have 60 days to try the 7-Day Energy Boost Planner out. If within that 60 day period, you are not satisfied for any reason, email us at [email protected] or complete the ‘Support’ form within our Learning Portal. Give us up to 48 hours Monday through Friday to process your cancelation (excluding United States holidays). We will email you to confirm once your cancelation is processed. Then give the banking systems up to 7 business days to re-deposit the funds back to your original payment method. Once cancellation happens, you will no longer receive access to the Learning Portal or Facebook Group.
You understand that we won’t share your information with anyone. We will send you access to your new training along with emails on how you can best use your new product, and then continue to send you amazing free information, special discounts and bonus trainings. You can unsubscribe at anytime from a special link in every email we send.
You also agree to the following terms and conditions:
By purchasing this program from us, you agree that we can contact you in the future, use your data/information to deliver our services or related content, and that you alone are responsible for your results in life so you waive liability from us for your actions. Below is the detail of that agreement.
INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove Client from the Program, without refund, if you are caught violating this intellectual property policy.
RECORDING AND REDISTRIBUTION OF CALLS. Client acknowledges that group coaching sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Coach.
NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
LIMITATION OF LIABILITY. By using Brenda Hoxeng services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at user’s own risk.
DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Pierre, South Dakota or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota within the United States of America, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
SMS/MOBIL TEXTING. When you become a customer through our sites, you provide your phone number to us and we may use your phone number to confirm orders, deliver promised ongoing training or communication, and to send text updates, promotions, videos, audios, or messages related to Brenda Hoxeng or any of its brands or programs. You can opt-out of receiving any future text messages by simply replying to any of our text messages at any time with the word STOP. By signing up for our products or programs you hereby grant us permission to text you until you reply STOP. We do not ever sell or rent your phone number and we only communicate with you regarding relevant Brenda Hoxeng programs.