Terms and Conditions (“Terms”)
Last updated: March 21, 2021
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.janetwhalen.com website (the “Service”) operated by Janet Whalen Coaching (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Janet Whalen Coaching.
Janet Whalen Coaching has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Janet Whalen Coaching (and janetwhalen.com) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at janetwhalen(dot)com.
Disclaimer For Website, Programs, Products + Services
By entering this website or purchasing or using our blog, e-mails, videos, social media, programs, products and/or services, from or related to Janet Whalen and Janet Whalen Coaching, you are agreeing to accept all parts of this Disclaimer. If you do not agree to the disclaimer below, STOP now, and do not use our website, blog, e-mails, videos, social media, programs, products or services or anything you have purchased or experienced through us (collectively “Website, Programs, Products and Services”).
We present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our Program, Product and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by our clients on our Website and through our Programs, Products and Services, are the culmination of numerous variables, some of which we cannot control.
Permission To Sleep Membership Site
Online Course and Membership Site User Agreement
- Terms and Conditions – Be Ambitious for Her (doing business as Janet Whalen Coaching) (the “Provider”) agrees to provide you with access to Permission to Sleep (the “Program”) upon the following terms and conditions. By registering for the Program, you (the “Participant” or “You”) agree to be bound by and to abide by the following terms and conditions.
- Effective Date – This Agreement shall start upon registration by the Participant in the Program and shall be enforceable between the parties starting on that registration date.
- Program – The Provider agrees to provide access to all of the Program features as described in the specific Program sales page on the Effective Date (Initial five modules to be made available weekly). These Program features may include lessons, forms, worksheets, diaries/journals, checklists, ongoing live group or private coaching/training sessions, guest speaker discussions and private discussion groups. The Provider may also introduce discounts or bonuses to Participants upon the purchase of other products or services.
- Limited License – By purchasing the Program, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Program. The Participant is granted the right to download, store and print single copies of items comprising the Program. All ownership rights in the intellectual property related to the Program remain with the Provider and the Participant may not use or reproduce any of the content in any manner, without the express written consent of the Provider. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Program without refund.
- Copyright – The material in the Program is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Program, including modification, transmission, presentation, distribution, republication, or other exploitation of the Program or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider.
- Program Registration – TheParticipant agrees to provide true, accurate, current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Website, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate Program access without refund. The Provider reserves the right in its sole discretion, to terminate access of the Participant to the Program and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Program or other Program participants, fails to follow the Program guidelines. In the event of a termination of the Program, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
- Fees – The fees for online courses and any membership programs shall be as set out in the Program website and offers from time to time. Prices may be subject to change with 30 days’ notice to the Participant. In the case of Program Founding Members, the fees will stay the same for the life of the membership in the Program until/unless they cancel. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Provider.
- Membership Fees and Renewals – If the Participant has subscribed to a membership site or coaching program as a component of the Program, the Participant agrees to the following terms of membership subscription:
- Automatic Renewal – Unless cancelled by the Participant in accordance with cancellation policy in Clause 9, or refunded under the money-back guarantee in Clause 10, all monthly or annual subscription plans of the Program shall automatically renew at the end of each subscription period.
- Subscription Pricing – The Provider agrees not to change the monthly or annual subscription fees during the initial subscription period as agreed on the Effective Date. The Provider may change the subscription fees for subsequent renewal periods in accordance with Clause 7.
- Annual Subscription – After the initial annual subscription has been completed by the Participant and the annual subscription has been renewed, the Participant shall be entitled to cancel the subscription to the Program and receive a refund of annual subscription fees on a prorated basis based on the number of full months left unused.
- Cancellation Policy – You may cancel your membership yourself within the membership site or in writing by e-mail to firstname.lastname@example.org. Your subscription shall continue until the end of the current subscription period (monthly or annually). The Participant shall not be charged by the Provider for any membership fees after the current membership period. Unless the Participant has cancelled the Program within the period of the money back guarantee in Clause 10, the Participant remains responsible to pay all amounts owing under a payment plan for the Program.
- Money Back Guarantee – The Provider wants you to be satisfied with the purchase of your Program so we offer a money back guarantee for all Programs. To claim a refund under this guarantee, please send an e-mail to email@example.com within 14 days of your registration for the Program. You will be required to provide in your e-mail the name of the Product, the date of purchase, the payment method and the name and e-mail address of the Participant and purchaser as well as your reason for requesting a refund. The refund will be processed within 5 business days by the Provider via the original payment method.
- Passwords – Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any), and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
- Credit Card Authorization – By purchasing a Program with a payment plan or recurring membership fees, the Participant hereby authorizes the Provider to charge their credit card or other payment card automatically for any ongoing membership fees or payments owing as determined by the provisions of this Agreement.
- Legal Disclaimer – Not Professional Advice – The Provider provides the information contained in the Program to the Participant for informational and educational purposes only. The information contained in the Program, including any interactions with instructors or coaches, and participation in any social media groups or chats, and shall not be understood or construed as professional advice, diagnosis, psychological or physical treatment that can be provided by you or your clients’ own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy.
- The Participant shall be required to use their own judgment in applying the information provided in the Program to their own personal circumstances and may wish to get additional professional or medical advice where appropriate.
- For Educational and Informational Purposes Only – The information provided in or through the Provider’s Website, Programs, Products and Services is for educational and informational purposes only, and is made available to the Participant as self-help tools for their own use. It is not a substitute for medical advice. When using any material obtained from or through the Provider, whether through in-person, phone, Zoom, webinars, tele-seminars, webcams, social media, and otherwise in a variety of settings, including but not limited to individual and/or group programs, classes, workshops, events, retreats, seminars, consultations and/or trainings, the Participant acknowledges that the Provider is supporting them in the role exclusively of providing coaching for women with insomnia, and in no other role.
- Not Holding Self Out – In this capacity as a coach for women with insomnia, the Provider is not holding itself out to be a Medical Provider (including doctor/physician, nurse, physician’s assistant or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy. Rather, the Provider serves as a trainer, educator, coach, mentor and guide who provides coaching and self-help education.
- Consult Your Physician or Health Care Provider – Our intent is NOT to replace any relationship that exists, or should exist, between the Participant and their Medical Provider or Mental Health Provider. The Participant should always seek the advice of their own doctor/physician, nurse practitioner, physician’s assistant, Mental Health Provider, or another health care professional regarding any questions or concerns about your specific health situation. We advise The Participant to speak with their own Medical Provider or Mental Health Provider before implementing any suggestions obtained through our Website, Programs, Products and Services including but not limited to exercise, lifestyle, weight loss, food, vitamins or supplements; meditation or deep breathing exercises; or participating in any other aspect of a lifestyle program. The Participant shall not disregard professional medical advice or delay seeking professional advice because of information they have read on this website or received from the Provider. The Participant should not stop taking any medications without speaking to their Medical Provider and/or Mental Health Provider. If they have or suspect that they have a medical problem, they are advised to contact their own Medical Provider or Mental Health Provider promptly.
- Legal Disclaimer – Technology – The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever. The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Program.
- LIMITATION OF LIABILITY. Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.
- DISCLAIMER OF WARRANTIES. The Program is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Program, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Program including, without limitation, the Providers provide no representation or warranty that (i) the Program will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Program will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Program at your own risk and liability.
- RELEASE AND INDEMNITY. The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Program (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Program. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Program or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Program or its content.
- Governing Law and Jurisdiction. The Program is operated by the Provider within the Province of Ontario, Canada. By accessing or using the Program, the Participant agrees that all matters relating to your access to, or use of the Program and its content shall be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Participant agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of Ontario, with respect to all matters relating to their access to and use of the Program.
- Customer Service Requests – If you have questions or comments or need to provide notice of any kind to the Provider regarding Programs including cancellations or refunds of your Program fees, please e-mail us at firstname.lastname@example.org.
- Entire Agreement – This is the entire agreement between the Participant and the Provider relating to your access and use of the Program and the content therein.