Terms of Use and Participation
These terms of use are entered into by and between You and Empowered Achievers, LLC, a Colorado limited liability company. The following terms and conditions, together with any documents they expressly incorporated by reference (collectively, “Terms of Use”), govern your access to and use of https://beempoweredachievers.com (the “Website”), including any information, materials, and content provided on the Website or in any Program (collectively, “Content”), our coaching and consulting services (“Services”), and our programs and resources offered for free or for sale (hereinafter referred to as the “Program”) offered on or through the Website, whether as a guest or a registered user.
By using the Website, purchasing our Programs, or by clicking to accept or agree to the Terms of Use (if this option is made available to you) you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at: https://beempoweredachievers.com/privacy-policy, incorporated into these Terms of Use by reference. These Terms of Use and our Privacy Policy govern electronic communications, including email, between the Company and you.
Please read the Terms of Use carefully and in their entirety before purchasing and using any of Our Programs offered on or through the Website . The Website, our Content and our Programs and its and their Content are owned by Empowered Achievers, LLC.
1. Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Empowered Achievers, LLC.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“You” or “Your” means any visitor or user of our Website and any person using our Services and/or purchasing and participating in any Program.
2. Consent:
By participating in the Program, you expressly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.
BY USING THIS WEBSITE AND/OR PURCHASING AND PARTICIPATING IN OUR PROGRAMS, YOU ARE AGREEING TO GIVE UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE. PLEASE READ OUR ARBITRATION, CLASS ACTION WAIVER, AND LIMITATION ON TIME TO BRING A CLAIM SECTIONS CAREFULLY.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, PLEASE NAVIGATE AWAY FROM THIS WEBSITE.
3. DISCLAIMER:
By using our Website and/or purchasing and participating in our Program(s), you agree in full to our Disclaimers.
A.General Disclaimer
Our Website, its Content and our Services are for entertainment, informational and educational purposes only. You acknowledge and agree that our Content and Services may not be suitable for all persons, businesses, locations, or specific situations.
We make no guarantees regarding the Content presented on this Website and your success with applying it. We do not guarantee any specific results through the use of our Website, Content, or Services, and we do not make any guarantees regarding your success from the application of our Website, Content or Services.
Your decision to visit our Website, use any of its Content or our Services 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 Website, its Content or our Services.
We strive to include the most up-to-date and accurate information on the Website, its Content and our Programs. You acknowledge and agree that information contained on our Website may inadvertently include inaccuracies, errors or omissions and we expressly exclude any and all liabilities for these inaccuracies, errors or omissions. We do not warrant the accuracy, completeness, or usefulness of this information.
By using our Website, you acknowledge and agree that we make no guarantees or warranties regarding our Website and its condition, including its functionality, the existence of viruses, uninterrupted use and availability.
B. Program Disclaimer
By purchasing and participating in a Program, you understand that Christina Castillo is a Mindset Coach.
Our Programs are for informational and educational purposes only. The information and education provided in any Program is not intended or implied to supplement or replace the professional advice of an attorney, accountant, and/or financial advisor. You should contact a qualified professional in those areas (financial, legal, accounting, etc.) in person where you live or work to discuss issues or questions pertaining to your particular legal, financial, or business situation.
Although we do our best to make sure all of a Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you.
C. Information Posted Disclaimer
This Website and any community forum associated with a Program may include content provided by third parties, including materials provided or posted by other users, User Contributions, third-party licensors, syndicators, aggregators, and/or reporting services.
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.
4. Assumption of the Risk
You should use your best judgment in using the information provided on our Website and in any Program, which is done at your own risk. It is your responsibility to discern the risk of using the Website and information provided in a Program or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Website and related to your participation in or use of any information provided in any Program.
5. Intellectual Property Ownership:
A.Website Intellectual Property.
The Website and its entire Contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design/look and feel, selection, and arrangement thereof), trade names and trade dress, and any Services offered or sold through our Website are owned by Empowered Achievers, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may either print or download one copy of a reasonable number of complete pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this Website.
Use, copy, download or distribute any illustrations, photographs, video or audio sequences, or any graphics without written permission and separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
B. Trademarks
The Company names, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Empower Achievers, LLC, its owner(s), or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
C. Program Intellectual Property.
Our Programs and their content and materials, including, but not limited to, video modules, lectures, worksheets, Google documents, templates, printables, audio material, interest mapping process, purpose statement process and examples, are intellectual property owned by Empowered Achievers, LLC. Any violations of this term, and all Terms of Use contained herein, will be legally pursued to the fullest extent permitted by law.
By purchasing a Program, Empowered Achievers, LLC grants you a limited license to access and use the materials for your own individual use only. You may save or print one (1) copy of the Program materials to use offline. You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
D. 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/.
6. Purchase & Access Terms:
A. Accessing the Website.
We reserve the right to withdraw or amend this Website, any Services, Programs, or Content we provide on the Website or in any Program, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Website, including any interactive features and Program access.
You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
B. Your Account.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information to set up an account (an “Account”). You agree that all information you provide to this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. To access some parts of our Programs you may be required to set up a Thinkific and/or Facebook account. Your access and accounts with any third-party provider are governed by their respective policies.
C. Account Requirements.
The Company provides Accounts to access certain parts of and resources available on our Website. You agree to the following when you set up an Account:
It is a condition of your creating an Account that all the information you provide to us is correct, current, and complete.
You must update your account if your name or contact information changes.
You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information for any reason.
D. Account Security.
Your username, password, or any other piece of information as part of our security procedures and must be treated as confidential. You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase a Program, you will be removed from the Program immediately and no refund will be issued. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
E. Disabling or Termination of your Account.
We reserve the right to disable your Account, including any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use.
7. User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and our Programs may provide access to optional interactive features such as our private community (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website (or a third-party community).
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of our and their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, subject to the confidentiality obligations of Section 12, and according to your account settings.
A.You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
B. Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
C. Cooperation with Authorities
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
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. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
D. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
8. Program Participant Expectations
Empowered Achievers is committed to your success and understands that every Program participant comes from a different place and has a different story to share.
Program participants agree to the following:
• Be Curious and Open to Learning. Listen to and be open to hearing all points of view. Maintain an attitude of exploration and learning. Conversation is as much about listening as it is about talking.
• Show Respect and Suspend Judgment. Human beings tend to judge one another; do your best not to. Setting judgments and personal bias aside will better enable you to learn from others and help them feel respected and appreciated. This Program is intended to be a safe and inclusive space for all participants.
• Look for Common Ground and Appreciate Differences. In this conversation, we look for what we agree on and simply honor that we will disagree on some beliefs and opinions.
• Be Authentic and Welcome that from Others, Share What’s Important to You. Speak authentically from your personal and heartfelt experience. Be considerate to others who are doing the same.
• Be Purposeful and to the Point. Notice if what you are conveying is or is not “on point” to the question at hand. Notice if you are making the same point more than once.
• Own and Guide the Conversation. Take responsibility for the quality of your participation and the conversation by noticing what’s happening and actively support getting yourself and others back “on purpose” when needed.
Participants who are unwilling to follow these ground rules may be asked to leave the program.
• Help others in the group.
• Act with honesty and sincerity.
• Be professional.
• Acknowledge errors and mistakes.
• Treat others with respect: this includes their opinions, their feelings, and their time.
• Communicate.
• Practice non-violent communication.
• Be reachable and responsive.
• Communicate with Empowered Achievers if you have feedback or need support/need to miss a Program session.
• Avoid gossiping, badmouthing, or any outward hostility toward anyone.
Expulsion Policy: If any participant’s conduct is out of line with the expectations illustrated above, or if any participant does not reliably communicate – including but not limited to follow-ups to emails not being made within a reasonable period of time, repeated failure to notify the Company of missed sessions, and the like, we may dismiss the participant for bad conduct.
9. 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 person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
We don’t make any assurances as to any particular financial-based outcome based on the use of the Website, our Content or our Services or participation in any Program. We are not responsible for the success or failure of your business, business decisions, income, sales, or any other result of any kind that you may have as a result of the Website, our Content or our Services or your participation in any Program.
10. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Website, our Content or our Services and Programs in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Website, our Content or our Services and Programs. The Website, our Content and our Services and Programs are offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Website, our Content or our Services and Programs.
TO THE FULLEST EXTENT PROVIDED BY LAW, EMPOWERED ACHIEVERS, LLC, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Your Release of Us, Indemnification, Hold Harmless:
By visiting or using our Website, our Content, or Services, including participating in and/or purchasing a Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Empowered Achievers, LLC, our owners, subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your use of our Website, our Content, or Services, including the purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By visiting or using our Website, our Content, or Services or enrolling in a Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Empowered Achievers, LLC as stated in this section herein.
12. CONFIDENTIALITY
Empowered Achievers, LLC encourages open and honest discussion both in person, during presentations and workshops and online in our optional Interactive Services, which are all a part of our Programs. We want all participants to feel safe in discussions - which also results in a better experience for Program participants. This means we need you (and all participants) to agree to not disclose the information shared by us, you and other participants outside the Program group.
You and Empowered Achievers, LLC, agree not to disclose, reveal or make use of any information learned by either party during Program discussions, personal discussions, or otherwise. This does not apply to information agreed upon for sharing, such as an agreed testimonial with your consent. This also does not apply to marketing information, which may be shared by the Company without identifiers naming you individually. Confidential Information includes, but is not limited to, detailed information disclosed in connection with your participation in any Program whether offline or posted as User Content, the information shared by other participants in any Program, and the information and feedback shared by the Company.
By purchasing this Program, you understand that information publicly shared in connection to the Program is accessible by others. If you choose to participate as a member in the optional Facebook community, your information will be visible by other members of the Program, both current and future. You agree to hold Empowered Achievers harmless for any impact that publicly sharing your information may have. If you would instead like to share your exercises and questions privately, instead of in the community, you may message Chris directly at Chris@BeEmpoweredAchievers.com.
By purchasing this Program, you are also agreeing to keep Confidential Information shared within the optional Facebook community as confidential. You may not screenshot or otherwise share any information you find within the Facebook community, and will be immediately removed from both the community and the Program if the Company is notified of you violating this agreement. Additionally, if you hear of any members inappropriately sharing Confidential Information, please notify Chris at Chris@BeEmpoweredAchievers.com immediately.
13. Payment + Purchase Terms
You must be eighteen (18) years of age or older to place an order. You must provide accurate and truthful information when filling out an order form. You must be the authorized user of any credit or debit card (or other acceptable method of payment), and such method must have sufficient funds to cover the cost of the Program(s). We reserve the right to cancel any order for any reason.
When you pay for a Program by credit card, you authorize and give permission to Empowered Achievers, LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase a Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant PayPal, Stripe, Quaderno, or Thinkific (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Empowered Achievers, LLC is not responsible for the merchant’s independent policies or practices.
In the event that payment is not successfully made by the due date, you have a three (3) day grace period to make your payment of the Program. If such payment is not received, your access to and participation in the Program will not continue. If you fail to make payment within the grace period or at any other time, you are still responsible for all payments for the full cost of the Program.
If you choose to pay for any eligible Courses, Services or Products on an installment or subscription plan, you agree to make all of the payments when invoiced or according to the subscription terms. You hereby authorize and give permission to Empowered Achievers, LLC to automatically charge your credit or debit card as payment for the Program, for which you will receive an electronic receipt, at the time in which payment is due without any additional authorization from you. 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.
For The Achievers Collective, there is a 14-day free trial (limit 1 per household). During this trial, you will have access to the community and to the community coaching calls. You must cancel your subscription within the trial period or your card will be automatically charged. You will be notified via email before your subscription renews, and you can use that link to cancel, or email Hello@BeEmpoweredAchievers.com. The Achievers Collective and all programming is covered by the Empowered Achievers Terms & Conditions.
14. Our Refund Policy:
Please read our Program descriptions, schedule and syllabus carefully and feel free to reach out with any questions you have before enrolling. We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the nature of the Program, refunds will not be issued for the Program once it is 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.
15. Governing Law:
All matters relating to the Website our Programs and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).
16. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Program, 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 10 miles of Denver, Colorado; provided however that, the parties agree that they may arbitrate via videoconference or telephone or other remote option if necessary.
The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated, collective, or representative action or arbitration, and the arbitrator shall only be empowered to hear individual claims.
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 Program. You are not permitted to seek additional damages, including consequential or punitive damages.
In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney's 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.
17. 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.
18. 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, THE WEBSITE, OR OUR PROGRAMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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 OF USE, OUR PROGRAMS, OR ANY TRANSACTION CONTEMPLATED HEREBY.
20. Limitation of Liability:
To the fullest extent permitted by law, Empowered Achievers, LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our Website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Empowered Achievers, LLC from any and all claims.
Empowered Achievers, LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) our Website, the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
21. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by an arbiter, court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
22. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. If you have purchased and/or are currently participating in one of our Programs, we will email you directly with any changes to our Terms of Use. Any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website and/or participation in any Program following the posting of or receipt by email of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.
23. Geographic Restrictions
The owner of the Website is based in the State of Colorado in the United States. We make no claims that the Website, any of its Content, or any of our Services or Programs are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
24. Entire Agreement
These Terms of Use, our Privacy Policy, and other Website and Program policies as applicable, constitute the sole and entire agreement between you and Empower Achievers, LLC regarding the Website and our Programs and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and our Programs.By purchasing and/or participating in the Program you expressly signify your agreement to all of the terms in these Terms of Use.
If you have any questions about the Terms of Use or to send a DMCA Notification, please contact Chris at Chris@BeEmpoweredAchievers.com. Thank you.
Updated On: April 19, 2024