Terms of Use
When using his Website or by clicking to accept or agree to the Terms of Use whenever this option is made available to you, you are accepting and agreeing to abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
For purposes of this agreement the terms Company and Balance In Grief, BalanceInGrief.com, Kathleen “Kat” Farace are interchangeable and mean the same. The term Website is referring to BalanceInGrief.com.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Balance in Grief/BalanceInGrief.com/Kathleen Farace and meet all of the foregoing eligibility requirements. If you do not or can not meet all of these requirements, you must not access or use the Website.
Description of Coaching: Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client.
2) Services
The parties agree to engage in a Coaching Program through online video meetings and group sessions when they are available. Coach will return emails within three business days (72 hours) during the time of the program. Coach will answer questions and deliver feedback for most issues through the exclusive online sessions including group sessions and their participants when available.
3) Schedule and Fees
This coaching agreement is valid as of day of registration. The fee for your program is listed on your registration page and in your confirmation email. There are no refunds for this program after the first call has begun either one on one or group sessions when they become available.
4) Procedure
The participant will be informed of times of all calls and links to join calls by email prior to registration.
5) Confidentiality
The Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
6) Limited Liability
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
7) Entire Agreement
This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
8) Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
9) Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
10) Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
11) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws provisions.
12) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
13) 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, selection and arrangement thereof), are owned by Balance In Grief/BalanceInGrief.com/Kathleen Farace, 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. We grant each user a limited, non-exclusive, non-transferable, revocable license to use our Website and services subject to each user’s eligibility and continued compliance with our Program Terms of Use and Privacy Policy.
These Program 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 expressly permitted in writing by the Company.
No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Grief Medicine. Any use of the Site or Services not expressly permitted by these Program Terms of Use is a breach of these Program Terms of Use and may violate copyright, trademark and other laws.
14) Changes to Terms Of Use
We may on occasion update these Terms of Use at our sole discretion. When changes are posted they are effective immediately. You are expected to check this page for any updates and that will be noted by the date posted below. Your continued use of the Website means that you accept and agree to these changes.
15) Disclaimer of Warranty
You are agreeing that Balance in Grief/BalanceInGrief.com/Kathleen “Kat” Farace has not made any guarantees about the results of participation. Coaching service is provided “as is” no guarantees. Balance in Grief/BalanceInGrief/Kathleen “Kat” Farace provides educational and information resources that are intended to help users of this Website and clients succeed. Ultimately the success of failure will be the result of the user/clients own efforts.
16) Free Downloadable Content
From time to time the Website may offer Free Downloadable Content, which users may access by providing an email address. The Company grants you a limited, personal, non -exclusive, non transferable license to use our resources provided in exchange for an email address for your own personal use. By downloading such content you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in anyway exploit any of the Free Downloadable Content. You also agree that you will not sell or redistribute any content without the expressed written consent of Balance in Grief/BalanceInGrief.com/Kathleen “Kat” Farace.
17) Indemnification
You hereby agree to indemnify, defend, and hold harmless the Company, its officers and employees, agents and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your us of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
18) Termination And Access Restrictions
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. You here by consent to resolve any and all disputes arising under or related to this Website or Coaching services or the Terms of Use pursuant to the maximum extent permitted by law. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, of this section.
19) Technology Use.
By using this Website and its services, you agree to the following technology use terms: You agree to use the website and its associated technology (including, but not limited to, online coaching sessions, email communication, and any other digital features) for lawful and appropriate purposes only. You will not use the platform for any illegal or unauthorized activities, including but not limited to harassment, defamation, or the distribution of harmful content.
We strive to make our platform accessible to all users. If you encounter any issues with accessibility, please contact us immediately at info@balanceingrief.com. We are committed to providing a positive experience for all users. In some cases we may need to refer you to the third party IT services for support.
You will not use our platform to: Violate any laws or regulations, engage in harassment or discrimination, distribute viruses or malicious software, impersonate any person or entity, post any content that is offensive, abusive or hateful or use the platform to collect or disseminate personal information about other users without their consent.
To utilize our online Coaching services you agree to: use a stable internet connection, maintain a respectful and professional demeanor, adhere to the rules and guidelines established by the coach and not record or distribute any coaching sessions without the expressed written permission of the coach and other participants.
This Website may link to third-party services. We are not responsible for the content or privacy practices of these services. You are encouraged to review the privacy policies and terms of use of any third-party service before using it.
By making your payment, you agree to the terms of this agreement.
By registering for and/or participating in the BIG webinar, attendees agree to abide by the terms and conditions outlined. The webinar will be hosted on Google Meet and each participant is responsible for having the necessary technology to access the platform. Every participant is responsible and liable for any loss, claim, or damage in connection with the webinar. The webinar and its contents are provided “as is” and without warranties. The organizer retains all ownership and intellectual property rights in the webinar content, including presentations, slides and recordings. The content is for the attendee’s personal use only and cannot be shared, reproduced, distributed, or modified without the organizer’s written consent.
Attendees are prohibited from using the webinar content for commercial purposes. Webinars may contain sensitive information. Attendees agree to keep the information confidential. Personal data may be collected and used and fall under the policies of personal data in the Terms of Use located on the Balance in Grief website. Only information necessary will be provided to third party processors, including but not limited to Google Meet for hosting and our payment processor. When registering and submitting payment for the webinar, attendees are agreeing to being recorded. While participation in the webinar may be available for attendees, there is no obligation for attendees to participate other than watching and listening.
There is a fee for webinar attendees. Information on fees and accepted payment methods are provided through the Balance in Grief website. The terms of cancellation and refunds are as follows: We require a minimum 24 hours notice for rescheduling to available webinars only. This helps us offer your spot to other clients. Emergency waivers may be considered with valid documentation. No-shows are charged the full session fee. Balance in Grief will notify clients of any cancellations with at least 24 hour’s notice, offering a rescheduled session.
There are no refunds for technical issues. We make every effort not to reschedule webinars. Should the webinar host need to cancel the webinar for any reason, the attendees will be notified and provided with alternative dates and times. These webinar terms and conditions constitute the entire agreement between parties. Balance in Grief/ Kat Farace will not be held liable for any unforeseen circumstances that may be in any way connected to the webinar. We look forward to your participation.