Terms of Use: Online Safety for Parents of Sensitive Kids

By signing this Terms of Use, and purchasing via Stripe, you, the purchaser of the Online Safety for Parents of Sensitive Kids outlined below, the purchaser (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Megghan Thompson, acting as an individual and as part of Megghan Thompson Coaching, LLC a Maryland state limited liability company (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach, inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration of forty seven (US) dollars. Client has agreed to purchase the Online Safety for Parents of Sensitive Kids (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.

1. Program Outline:
1. Client agrees and understands that he/she is purchasing “Online Safety for Parents of Sensitive Kids” a 2-hour video conference call designed to support parents of Highly Sensitive Children, and for them to learn how to support their child in the school setting.
2. Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Online Safety for Parents of Sensitive Kids as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.

1. Non- Disclosure
1. Client understands he or she is purchasing the Online Safety for Parents of Sensitive Kids Program with Coach; one of the primary elements in engaging in a coaching relationship with Coach is his/her ability to provide Client with personal guidance, teachings, materials, and exercises that make up the program. Following Client’s participation in this program, Client will have gained access to various trade secrets and personal intellectual property of Coach, including but not limited to materials such as verbal advice, mindset guidance, written templates, slides, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in the program. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Coach’s program. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own coaching business without express written permission of Coach. Client also understands and agrees he/she will not disclose or use any information provided to Client during coaching sessions, discussions, or otherwise.
2. Client also understands that due to the “group” nature of the Program, he/she may also obtain access to or otherwise become exposed to confidential or proprietary information belonging to other clients within the same group program via a community chat board available to all members within the private Facebook group. Client understands and agrees he/she will not disclose, steal, use, distribute, copy, or otherwise share or use any proprietary or confidential information belonging to another client in the group program. Client understands if he/she violates this provision, he or she may be liable to the third-party group member for infringement. Client will hold Coach harmless from any such third-party action taken against Client for such infringement or disclosure.
3. In addition, Coach understands he/she will likely obtain confidential information about Client and his/her business throughout the course of the program, and hereby agrees not to use, share, or otherwise reveal this information about Client, without Client’s expressed written consent.
4. Recording of Session(s).  You understand and hereby consent that your participation in certain of the Program is recorded, which you can view via an access link throughout, and for a period of time after the conclusion of the Program.  Coach maintains the recorded session in a secure platform. 

1. Feedback, Testimonials, and Promotional Materials.  
 

• Feedback & Testimonials.  Feedback from participants in the Program allows Coach to improve or revise the Program and also to help market the Program to other parents whom it would benefit.  You have no obligation to provide Coach with ideas, suggestions, proposals, feedback, information or materials (“Feedback”) in connection with the Program and/or Coach’s business or testimonials describing your experience with the Program (“Testimonials”).  However, if you do provide Coach with Feedback or Testimonials, then you agree to grant and hereby grant to Coach a perpetual, transferable, irrevocable, royalty-free, worldwide license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise use such Feedback or Testimonial without restriction, except that Coach may not include any personally identifying information with respect to the publication of any Feedback or Testimonial, without your prior written consent.

• Other Promotional Materials.  In addition to Feedback and Testimonials, Coach may contact you to ask your permission to use your written statements made in connection with the Program, through any of the electronic and online communication channels used in connection with the Program, that Coach would use in its promotional materials through various mediums (“Promotional Materials”).  If Coach wishes to use your written statement to include your identifying information (full name, photo, etc.) as a Promotional Material, Coach will notify you of the written statement to be used as a Promotional Material and how Coach intended to use it.  If you agree in writing (email shall suffice) to Coach using your written statement as Promotional Materials, then you will be granting to Coach a perpetual, transferable, irrevocable, royalty-free, worldwide license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise use such Promotional Materials without restriction, except as set forth in the document providing your consent (including not using any personally identifying information with respect to the publication of any Promotional Materials).

1. Payment
1. Client understands the cost of the program is forty seven  US dollars ($47.00), which is payable up front, in full. Client agrees to render payment via Credit Card via Stripe. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Coach’s website or a designated third party payment processor of Coach’s choosing, in full. Absent an agreement regarding a payment plan with Coach, Client must complete payment in full before becoming entitled to any products or services included within Program.
2. If Client and Coach have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on Coach’s sales page.

1. Refund Policy:
1. Participation is Voluntary; No Guaranteed Outcomes.  You understand and agree that you are voluntarily choosing to purchase and participate in the Program.  The Program requires you to put in time and energy into the Program’s different elements to achieve your desired results.  While Coach and its team will endeavor to assist you to ensure your success with the techniques and methodologies to be taught in the Program, you understand and agree, however, that Coach has not made any representations or guarantees regarding any individual results or outcomes, and that Coach is not responsible for any physical, emotional or financial injury occurring either directly or indirectly as a result of your participation in the Program.  The Program and the Program Materials are being provided on an “as-is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. 
2. Refund Policy   Due to the nature of the Program, Coach is not able to offer refunds once Client has purchased the Program.  Client understands this provision, and agrees that Client is not entitled to a refund once Coach has received payment.  Client further agrees and understands that changing one’s mind about the Program, failing to follow through with the Program requirements, failing to understand the Program, not experiencing the desired or expected results, or experiencing any other similar situations do not entitle Client to a refund of any or all of the Fees.
3. Responsiveness to Emails.  The Program requires you to be responsive to Coach’s communications relating to the Program.  To that end, you agree that the email that you have listed on the purchase page to this Agreement is your primary email address.  You also agree that it is your responsibility to ensure that Coach’s emails do not end up in your spam or junk mail folders.

1. Disclaimer
1. Client understands that he or she must actively participate in the full Program in order to see results. While many of Coach’s past and current clients have experienced wonderful benefits from the Program, and Coach and his/her team will act in their full capacity to ensure your success and happiness in the Program, Coach cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Program harmless if he or she does not experience the desired results.
2. Client understands that all services provided by Coach in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Coach on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of the Program.
3. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Coach delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and Client.
4. Client also understands Coach is not acting in the capacity of a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Coach on his/her website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Coach responsible for.
5. Client also understands he or she is purchasing the Program and participating freely and voluntarily. The information contained within the Program may not be suitable for all persons, and Client understands he or she is required to modify accordingly, based upon his or her needs.

1. Medical Disclaimer – Not Medical or Professional Advice
   1. Client understands and agrees Program is not providing any medical advice, is not providing any counseling or therapy services, is not a substitute to Client seeking personalized therapy for his/herself or their child(ren), nor is it attempting to diagnose or treat any mental or physical medical conditions.
1. The purpose and goal of Program is to provide coaching services for parents of highly sensitive children. Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for mental health treatment.
2. Client understands and agree that while Coach is a Licensed Clinical Professional Counselor and has been trained and educated to provide mental health therapy, Program offers coaching services only, separate and apart from Coach’s professional practice. There are no counseling or therapy-based elements to Program, and is not meant for those who are in need of (or think they may be in need of) counseling or therapy services. Client’s enrollment into Program does not make him/her Coach’s patient, and no therapist-patient relationship is being formed. Coach is not attempting nor suggesting Client enroll in Program in place of a personalized consultation with a licensed mental health therapist in your geographical area. Program is not intended to be a substitute for medical treatment or therapy/counseling, nor is Program designed to provide Client with a medical diagnosis, treatment, or other medical services.
3. Coach encourages Client to consult a physician and/or a licensed therapist if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Program will have previously obtained clearance and permission from their applicable personal medical physician or therapist and has concluded that the coaching Program offered is right for them. Nothing contained within Program is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.

1. Waiver/Assumption of the Risk
1. Client understands he/she is entering into a Program for the purpose of achieving a desired parenting/lifestyle goal through Coach’s Program. Client confirms he/she is entering into this Program voluntarily and of his/her own free will.
2. Client certifies he/she has or will be evaluated by his/her personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related Program with Coach. If Client elects not to obtain this medical clearance prior to beginning Program, he/she understands the potential injuries and ramifications of such actions, and agrees not to hold Coach responsible for any such injuries or negative consequences.
3. Client understands Program may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Client agrees he/she is aware of and assuming these risks in order to voluntarily proceed with Coach’s Program. Should any such incidents occur, Client understands it is of no fault or responsibility of Coach, and agrees Coach is not liable.

1. Intellectual Property
   1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach;
   2. Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
1. Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, videos, copy for website or sales pages, and any other original work created by Coach. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
2. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
3. Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Coach as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:

• Claim any content created by Coach as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Coach was Client’s work, and use in his/her business as his/her own.

1. Share purchased materials, information, content with others who have not purchased them.
2. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

1. This Agreement is the intellectual property of Christy Westerfeld, Esq. and may not be used (in whole or in part) without express, written permission from Ms. Westerfeld. Unauthorized use may constitute copyright infringement and may be prosecuted to the full extent of the law.

1. Indemnification
1. Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.

1. Dispute Resolution
1. Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.)
2. If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Mount Airy, Maryland, United States of America, within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgment of law or decree.

1. Applicable Law
1. This Agreement shall be governed by and under control of the laws of Maryland, USA regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Maryland are to be applicable here.

1. Amendments
1. This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Coach, or a party authorized to sign on behalf of either party.

PROGRAM OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing the Online Safety for Parents of Sensitive Kids. Once the Program is purchased and all Agreements are signed, the Program is Online Safety for Parents of Sensitive Kids.

During this time, Coach will provide the following products and/or services:

1. (1) LIVE Group Presentation/Coaching Call recorded and provided to client for review.
2. Access to recording in platform: (Kajabi) beyond end of agreement via Megghan Thompson’s Kajabi website access.

• Group Coaching: Client understands he/she is entitled to 1, 2-hour training session with Coach as part of the Program.
• Facebook Group Access: Client may also be granted access to a private group on social media organized by Coach as part of the consultation. If granted access, Client agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments.
• Should Client choose to post anything in this Facebook group, Client is agreeing and acknowledging he or she will not post anything that could harm Coach or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. Client understands that if he/she makes the decision to post content that constitutes cyber bullying, Client’s comments will be removed immediately, and Coach reserves her right to take action against Client to the full extent of applicable laws.

Client has carefully read this Program Outline and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERYTHING included within the Program. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included. Coach is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time. No edits or amendments may be made to this Program Outline Addendum without express written consent of both parties.

By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of Coach and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.