Terms of Use & Service
Full Bloom Coaching, LLC (“Full Bloom Coaching”) last updated these Terms of Use & Service (“Terms”) on October 3, 2023.
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Full Bloom Coaching accomplishes its mission by offering life coaching and related educational materials, other materials, and deliverables to our clients and these Terms apply to all the activities, including those listed above, that you engage in with Full Bloom Coaching (“Services”). Occasionally, we also provide the opportunity to purchase materials and items through our website that are related to our Services – these Terms apply in those instances as well.
If you and Full Bloom Coaching have entered a Client Services Agreement and there is a conflict between these Terms and your Client Services Agreement, then the terms of your Client Services Agreement shall govern.
If you live in the United States or Canada, by agreeing to these Terms you are agreeing to waive any and all jury trials and resolve any dispute with Full Bloom Coaching through binding arbitration (see the Dispute Resolution section, below).
1. SERVICES AND LIMITATION OF USE
Any life coaching and related educational materials, other materials, and deliverables you receive from Full Bloom Coaching are the sole property of Full Bloom Coaching. When you receive Full Bloom Coaching’s Services, you are receiving a limited license from Full Bloom Coaching to view its materials and utilize them as a part of the Services you receive from Full Bloom Coaching. Full Bloom Coaching’s materials and deliverables are licensed to you—you do not own them. You cannot resell the materials in any way or share Full Bloom Coaching’s materials or its Services with others.
In other words, Full Bloom Coaching gives you a limited, non-exclusive, non-transferable license to access and view Full Bloom Coaching’s materials, solely for your personal, non-commercial, educational purposes through Full Bloom Coaching’s Services in accordance with these Terms and any other conditions or restrictions associated with Full Bloom Coaching’s Services. All other uses are expressly prohibited.
As such, you may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any materials or deliverables unless Full Bloom Coaching gives you express permission to do so in a written agreement. This applies to content you access via Full Bloom Coaching’s website or any mobile application.
In addition, if you participate in posting within any online forum or message board facilitated or hosted by Full Bloom Coaching, you agree that you, and not Full Bloom Coaching, are fully responsible and legally liable for the content that you post or make. You also agree not to make any posts that subject other users or persons to invasion of their rights and privacy.
2. PAYMENT FOR SERVICES
You agree to pay the fees for Full Bloom Coaching’s Services that you elect to purchase, and you authorize Full Bloom Coaching to charge your debit or credit card or process other forms of payment for those fees. Full Bloom Coaching will not provide refunds, unless Full Bloom Coaching determines, in its sole discretion, that a refund is warranted.
3. OWNERSHIP OF CONTENT
If you provide feedback or submit suggestions for new Services or improvements to Full Bloom Coaching’s Services, you authorize Full Bloom Coaching to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as Full Bloom Coaching sees fit. In other words, by submitting this information to Full Bloom Coaching, you grant Full Bloom Coaching a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed).
You represent and warrant that you have all the rights, power, and authority necessary to authorize Full Bloom Coaching to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
Notwithstanding the above, Full Bloom Coaching shall not share any of your confidential information that you submit to Full Bloom Coaching through confidential channels. Additionally, Full Bloom Coaching is bound by ethics and confidentiality rules more specifically set forth in your Client Services Agreement, and nothing in this section shall modify Full Bloom Coaching’s obligations under those rules, or the provisions of your Client Services Agreement.
4. FULL BLOOM COACHING'S RIGHTS
All right, title, and interest in and to the Full Bloom Coaching online presence and its Services, including its website, its existing or future applications, its mobile applications, and its databases are and will remain the exclusive property of Full Bloom Coaching.
You cannot use the Full Bloom Coaching name or any of the Full Bloom Coaching trademarks, logos, domain names, marketing materials, educational materials, or other distinctive brand features.
Any feedback, comments, or suggestions you may provide regarding Full Bloom Coaching or the Services is entirely voluntary and Full Bloom Coaching is free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you as outlined above in section 3.
In accessing Full Bloom Coaching’s website or utilizing its materials and Services, you agree that you shall not copy, modify, create a derivative work of, reverse engineer, or reverse assemble Full Bloom Coaching’s Services or materials. In addition, you shall not use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Full Bloom Coaching) to others.
5. WEBSITE & SERVICES ARE NOT DIAGNOSTIC OR TREATMENT FOR MENTAL DISORDERS​
The Services do not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association. The Services are not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical, or other qualified professionals. You understand that the Services and any life coaching and related educational materials, other materials, or deliverables materials are not therapy, do not substitute for therapy, and do not prevent, cure, or treat any disorder or disease.
6. MISCELLANEOUS TERMS
You agree that by registering, accessing, or using Full Bloom Coaching’s Services, you are agreeing to enter a legally binding contract with Full Bloom Coaching that consists of these Terms and Full Bloom Coaching’s Privacy Policy. If you do not agree to these Terms and Full Bloom Coaching’s Privacy Policy, do not register, access, or otherwise use any of Full Bloom Coaching’s Services.
You also agree that these Terms represent the entire understanding between you and Full Bloom Coaching, and they supersede all previous agreements, whether oral or written between you and Full Bloom Coaching as it relates to the subject matter contained within. No change or modification of these Terms shall be valid unless the same be in writing and published by Full Bloom Coaching on its website. If any portion of these Terms is found to be invalid or unenforceable, it shall be severable from all other portions of these Terms. Notwithstanding the foregoing, if a provision of these Terms conflicts with your Client Services Agreement with Full Bloom Coaching, then the terms of the Client Services Agreement shall govern.
Neither the waiver by Full Bloom Coaching of a breach of or a default under any of the provisions of these Terms, nor the failure by Full Bloom Coaching, on one or more occasions, to enforce any of the provisions of these Terms or to exercise any right or privilege hereunder shall be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights or privileges hereunder.
Full Bloom Coaching’s Services and any related materials or deliverables are provided on an “as is” and “as available” basis. Full Bloom Coaching makes no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or Full Bloom Coaching’s materials, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Full Bloom Coaching makes no warranty that you will obtain specific results from use of the Services or Full Bloom Coaching’s materials. Your use of the Services (including any content) is entirely at your own risk.
You also agree that Full Bloom Coaching shall not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, because of Full Bloom Coaching’s Services or your use of Full Bloom Coaching’s materials. Full Bloom Coaching’s liability to you or any third parties under any circumstance is limited to the total amount paid by you to Full Bloom Coaching over the previous 12-month period before the event giving rise to your claim(s). In addition, you understand that Aneetrah Stewart is acting in her capacity as a member of Full Bloom Coaching for all Services provided, and nothing within these Terms or your use of the Services shall give rise to any personal liability on behalf of Aneetrah Stewart.
You agree to indemnify, defend, and hold harmless Full Bloom Coaching and its officers, members, owners, managers, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees and costs) arising from any actions taken by you that are intentional or negligent. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
You also agree that no joint venture, partnership, employment, contractor, or agency relationship exists between you and Full Bloom Coaching.
7. DISPUTE RESOLUTION AND CLASS ACTION WAIVER
Your relationship with Full Bloom Coaching and use of Full Bloom Coaching’s Services and materials shall be governed by North Carolina law, and any disputes arising under these Terms shall be adjudicated in Mecklenburg County, North Carolina.
You agree that any controversy or claim arising out of or relating to these Terms or your relationship with Full Bloom Coaching and use of Full Bloom Coaching’s Services and materials, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Expedited Commercial Arbitration Rules. The arbitration hearing shall take place before a single arbitrator in Mecklenburg County, North Carolina. This agreement to arbitrate shall be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. Sections 1, et. seq. In addition, no arbitration proceeding hereunder shall be filed or pursued as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated. Moreover, no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding.
THE PARTIES AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
You and Full Bloom Coaching agree that at the conclusion of any arbitration, the losing party shall be solely responsible for all legal fees and costs incurred by the prevailing party, including fees incurred during pre-trial, trial, and any applicable appeal or appeals.
8. UPDATING THESE TERMS
When Full Bloom Coaching deems it appropriate, it may update these Terms to clarify its practices or to reflect new or different practices. Full Bloom Coaching reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If Full Bloom Coaching makes any material change, it will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through its website. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.