www.BeEmpoweredAchievers.com and Empowered Achievers, LLC Terms & Conditions

Please read these Terms & Conditions carefully and in their entirety before using www.BeEmpoweredAchievers.com (hereinafter referred to as the “Site”). The Site and its content are owned by Empowered Achievers, LLC.

PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.

IMPORTANT NOTES:
By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at Chris@BeEmpoweredAchievers.com.

You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.

These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 20 and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

  1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means Empowered Achievers, LLC and our website, www.BeEmpoweredAchievers.com.

“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Chris Castillo, Empowered Achievers, LLC, and/or www.BeEmpoweredAchievers.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Empowered Achievers, LLC and/or on www.BeEmpoweredAchievers.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, etc.

“Site, Courses, Services, and/or Products” means www.BeEmpoweredAchievers.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, training content, and/or templates available on the Site.

“Site” means www.BeEmpoweredAchievers.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

“You” or “Your” means the user, customer, or viewer of the Site.

2. Consent:

By using the Site and/or making any purchase, you expressly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy, our Terms of Use and Participation, and Disclaimer.

By using the Site and/or making any purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.

Visiting our Site, purchasing our Courses, Services, and/or Products and sending emails to us constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

3. Site Rules:

By using the Site and/or making any purchase, you hereby agree & covenant not to:

  • Abuse or harass any person through or on the Site.

  • Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.

  • Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.

  • Post or transmit any “spam” or unwanted, unsolicited content.

  • Post copyrighted materials, photographs, or content which do not belong to you.

  • Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.

  • Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

  • Use any robot, spider, or other manual or automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

  • Use any device, software, or routine that interferes with the proper working of the Site.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site Site is stored, or any server, computer, or database connected to the Website. 

  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Site.

  • Impersonate or attempt to impersonate a Company owner or another user.

4. DISCLAIMER:

By using the Website, you agree in full to our Disclaimers.

You acknowledge and agree that our Site, Courses, Services, and/or Products may not be suitable for all persons, businesses, locations, or specific situations. Your decision to visit, view, purchase and/or download our Site, Courses, Services, and/or Products is voluntary, and you acknowledge and agree that we are not liable for any harm or damage to you, your health, your well-being, your business, or otherwise which may result from the use, whether direct or indirect, of our Site, Courses, Services, and/or Products. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Site participant or user, including you.

By using the Site, you understand that we are a Career Coach. We are not a nutritionist, therapist, or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us. We are also not a lawyer, a financial advisor, or a mental health professional. You must discuss any and all changes to your  lifestyle with your physician or qualified professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only and is based on our personal experience.

All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


5. Your Consent to These Terms & Conditions:

By using this Site, or purchasing or downloading from our Site, Courses, Services, and/or Products, you expressly and voluntarily agree to these Terms & Conditions as stated herein.

6. Changes To These Terms & Conditions:

We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or purchase or download anything from us.

7. Links to Third-Party or External Websites:

The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.

8. Intellectual Property Ownership:

The Site, Courses, Services, and/or Products are intellectual property solely owned by Empowered Achievers, LLC. Site, Courses, Services, and/or Products are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

9. Our Limited License to You:

If you view, access, or purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.

Your limited license allows you to access and use the Site, Courses, Services, and/or Products for your own individual use only. You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

10. Your License to Us:

By commenting on the Site, or submitting documents to Empowered Achievers, LLC via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes. We may remove any user contributions on the Site for any or no reason in our sole discretion.


11. Digital Millennium Copyright Act (DMCA) Notice and Policy:

We respect the intellectual property rights of others. If you believe that any material available on or through the Website or any of our Programs infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided at the end of these Terms (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. If you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by the Notification, a representative list of such works on the Website; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

For full information regarding Notifications, please see: https://www.copyright.gov/512/.

12. Purchase & Access Terms:

During the course of your use, purchase, and/or download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot modify, distribute, sell, copy, forward, and/or share information prohibited by these Terms & Conditions. 

If you set up an account on our Site, you agree to provide correct information, to update your account if your information changes, and to notify us if you learn of any unauthorized access to your account.

All prices on our Site are in US Dollars. If you purchase Courses, Services or Products from the Site, you must be an authorized user of the payment method you use, and you must provide accurate payment information. The payment method must have a sufficient balance to cover your purchase(s). If you choose to pay for any eligible Courses, Services or Products on an installment plan, you agree to make all of the payments when invoiced. If you purchase Empowered Achievers’ Courses, Services or Products from Thinkific (our third-party service provider), you will be responsible for any terms of service and payment provided by Thinkific.

You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your purchase or download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

We reserve the right to disable your account at any time in our sole discretion if we believe you have violated any provision of these Terms & Conditions.

We will cooperate fully with any law enforcement or valid court order requesting us to disclose the identity or other information of anyone posting materials on or through the Site. We will not be liable to you for any claims or actions taken as a consequence of investigations by the Company, a court, a regulatory agency, or law enforcement.

13. Sharing the Site & Its Content:

You must request and receive written permission by email Chris@BeEmpoweredAchievers.com before sharing our Site, Courses, Services, and/or Products for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Empowered Achievers, LLC.


14. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.


15. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law. 

16. Your Release of Us:

YOUR USE OF THE SITE, COURSES, SERVICES AND/OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.

By using the Site or purchasing, downloading, or using Empowered Achievers, LLC’s Courses, Services, and Products, you agree to release, forgive, and forever discharge Empowered Achievers, LLC its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

17. Errors & Omissions:

Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Empowered Achievers, LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.

We do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

18. Our Refund Policy:

We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for coaching services already rendered, programs already started, or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Chris at Chris@BeEmpoweredAchievers.com.

19. Waiver of Jury Trial:

EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS&CONDITIONS, OR ANY TRANSACTION CONTEMPLATED HEREBY.


20. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Site or Empowered Achievers, LLC’s Courses, Services, and/or Products, please contact us directly first by emailing Chris at Chris@BeEmpoweredAchievers.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Empowered Achievers, LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 25 miles of Denver, Colorado; provided however that, the parties agree that they may arbitrate via videoconference, telephone, or other remote option if necessary.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Colorado. The only award that can be issued to you is a refund of any payment made to Empowered Achievers, LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages; provided however that, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The parties agree that to the extent allowable, the terms, outcome, results, settlement and all other matters related to any arbitrated dispute shall remain confidential.

This arbitration provision shall survive the termination of these Terms of Use.


21. Consent to Governing Law:

These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Colorado.


22. Consent to Jurisdiction:

You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Colorado or a state court located within the State of Colorado in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.

23. Consent to Service:

You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Colorado for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Colorado.

24. Class Action Waiver:

Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class, representative, or collective actions are not permitted.

THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

25. Limitation of Time to File a Claim:

UNLESS PROHIBITED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS&CONDITIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


26 Payment & Purchases:

When you purchase or download one of our Courses, Services, and Products from us or the Site, you may pay by PayPal or credit card via PayPal. By doing so, you give Empowered Achievers, LLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.  

If you elect the installment or “pay over time” option at checkout, you agree that Empowered Achievers, LLC has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.

If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your purchase. 

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a purchase or download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so, and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.


27. Limitation of Liability:

Empowered Achievers, LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, purchase, or download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

28. Defense & Indemnification

You shall, at all times, indemnify, defend, and hold harmless Empowered Achievers, LLC, Christina Castillo, and all of our agents, shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Empowered Achievers, LLC and Chris Castillo (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.

29. Termination of Your Use

At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and purchases/downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, Disclaimer, Terms of Use and Participation, or any other terms to which you have agreed to.

30. Entire Agreement

These Terms & Conditions, our Privacy Policy, Disclaimer, and Terms of Use and Participation constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.

31. Severability

The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

32. Your Privacy & Security on the Site:

Please read our Privacy Policy for how we handle your personal information.

33. Compliance with Laws:

The owner of the Site is based in the State of Colorado in the United States. We make no claims that the Site, Courses, Services, and/or Products are accessible or appropriate outside of the United States. Access to the Site, Courses, Services, and/or Products may not be legal by certain persons or in certain countries. If you access the Site, Courses, Services, and/or Products from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

34. Contact:

If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:

  • Website: www.BeEmpoweredAchievers.com 

  • Email: Chris at Chris@BeEmpoweredAchievers.com

  • Business Address: #305 - 2921 W 38th Avenue, Denver, CO 80211

Updated On: November 18, 2024