The Terms and Conditions
The following are the terms and conditions (the agreement) which govern your access and use of our online platform through which coaching may be provided, collectively known as The Core Woman Academy. This website and our app is owned and operated by The Core Woman Academy. The platform may be provided or be assessable via multiple websites or applications whether owned and or operated by us or a third party including without limitation, our website and its related apps.
The Core Woman Academy, Inc Services consist of the following, without limitation: personal development apps, courses, videos, advice, blogs, articles and content related to relationships, business and individual development, and any additional services currently offered, or which will be offered in the future by or on behalf of The Core Woman Academy. The Core Woman Academy may offer new services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. The Core Woman Academy also reserves the right to cease offering any of the Services.
To become a Subscribing member, you will be required to pay a subscription fee. All prices listed by us on the Service are offered in the displayed currency and exclude applicable taxes and duties. The Core Woman Academy/Pocket Coaching currently offers 6 month Memberships which automatically renew for consecutive 6 month terms (or other term lengths, as agreed-upon by you during the purchase process) unless prohibited by applicable law. Cancellation of auto-renewal must be initiated at least 24 hours before the end of your current term. When purchasing a Subscribing Membership, you will be asked to supply certain payment information, including information regarding your billing account (e.g., via credit card, debit card, or PayPal account number). You agree that all information that you provide to us will be accurate, complete and current. You further agree that our payment processing service provider(s) may store and communicate with your financial institution via a “network token” (a unique personal identifier used only for billing purposes) to facilitate your payments. For more information about tokenization, please see our payment processor’s explanation on its website. You agree to pay all valid charges incurred by you or any other user of your account (including all installment payments and/or fees, if applicable) and/or any fees for the use of any payment mechanism or account connected to you’re the Core Woman Academy/Pocket Coaching subscription, including any applicable taxes and processing charges, if any, relating to your subscriptions. If any problems arise with the billing account or credit or debit card associated with your subscription (for example, the payment method cannot be verified, is invalid or is otherwise not acceptable), our payment processor will automatically reschedule the billing date until the amount due is paid in full. If these attempts fail and/or the issue(s) cannot be resolved by contacting the account and/or card issuer, we will notify you via email using the email address associated with your account requesting that you resolve the problem and may suspend or terminate your subscription. However, you acknowledge and agree that we may first attempt to obtain updated billing information, including but not necessarily limited to credit or debit card numbers and/or expiration date information from your card issuer, and to update this information in your account and use such information to process future payments. By subscribing, you authorize us and our payment processors to store and/or transfer your payment details and all other relevant information as needed to facilitate the processing of payments. You may select to purchase a plan in one upfront payment or in installments, if applicable. You agree and authorize us to charge you applicable sales or other related taxes to which your subscription may be subject, and which may vary from time to time.
Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity, except if previously agreed to by us. You acknowledge that The Core Woman Academy/Pocket Coaching is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
The Services are intended for use in the United States. We are working on services to other countries and will update accordingly. You are responsible for determining whether the use of the Services is legal in your jurisdiction.
The services our apps, course, and coaches do not make any guarantees. Personal development is just that, personal. They depend highly on the work of the individual that is being coached. If you do the work, the work will show itself to be worthy. If you do not do the work, you will not see the progress.
Posting and Communication Restrictions.
You will not post, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on or through the Services, that:
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. is intended to or tends to abuse, harass, threaten or intimidate any other users of the Services;
iii. is defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually charged, obscene or otherwise objectionable or unlawful;
iv. infringes the intellectual property right of The Core Woman Academy, Inc or any third party including copyright in and to content (e.g., music, movies, videos, photographs, images, software, literary works, etc.);
v. contains video, audio photographs, or images of another person;
vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, steal someone else’s identity, create or disseminate computer viruses, or circumvent copy-protect devices;
vii. is false or misrepresentative or otherwise intended to defraud, swindle or deceive other users of the Services;
viii. contains viruses, ransomware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
ix. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
x. disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
xi. is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Services;
xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xiii. solicits gambling or engages in any gambling or similar activity;
xiv. uses scripts, bots or other automated technology to access the Services;
xv. uses the Services for chain letter, junk mail or spam e-mails;
xvi. collects or solicits personal information about anyone under 18; or
xvii. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
No False Information.
You will not provide inaccurate, misleading or false information to The Core Woman Academy, Inc or to any other user. If information provided to The Core Woman Academy, Inc or another user subsequently becomes inaccurate, misleading or false, you will promptly notify The Core Woman Academy, Inc of such change.
No Advertising or Commercial Solicitation.
You will not advertise or solicit any user to buy or sell any products or services on or through the Services. You may not transmit any chain letters, junk or spam e-mail to other users or other unsolicited commercial messages. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to The Core Woman Academy, Inc. To the extent permissible under applicable law, as a reasonable estimation of such harm, you agree to pay The Core Woman Academy, Inc $50 USD for each such unsolicited communication you send through the Services.
Unique and Bona Fide Profile.
As a Registered User of the Service, you will create only one unique profile. In addition, your use of the Service must be for bona fide coaching and personal development purposes in order to maintain the integrity of the Service (for example, you may not become a Registered User solely to compile a report of our techniques and services, or to write a school research paper). From time to time, The Core Woman Academy, Inc may create test profiles in order to monitor the operation of the Services.
No Harassment of The Core Woman Academy, Inc Employees, Contractors or Coaches. You will not harass, annoy, intimidate or threaten any The Core Woman Academy, Inc employees, contractors or coaches engaged in providing any portion of the Services to you.
Reverse Engineering and Non-Interference.
In addition to any The Core Woman Academy, Inc information or documents containing information that constitute a “trade secret” as that term is defined in the Uniform Trade Secrets Act as of September 16, 2015, the following will be deemed trade secrets of The Core Woman Academy, Inc and you will treat the following as our trade secrets to the extent they have not been made public by us: (i) all source code, data and configuration files within or comprising our Services or used to receive content from, or deliver content to the Services, and all documentation relating thereto; (ii) all financial information relating to The Core Woman Academy, Inc or its affiliates; and (iii) all Service plans of The Core Woman Academy, Inc or its affiliates. By consenting to the terms of this Agreement, you acknowledge and agree that such information has independent economic value due to it not being generally known or available to others, and that The Core Woman Academy, Inc takes reasonable measures to protect the confidentiality and secrecy of such information. You agree not to, and warrant and represent that you will not, engage in any activity, assist any third party in engaging in any activity, or attempt in any way, or assist any third party in attempting in any way, to: (v) discover or use any trade secrets of The Core Woman Academy, Inc without The Core Woman Academy/Pocket Coaching’s™ prior written consent; (vi) reverse engineer or otherwise discover any source code utilized by our Services or any client or other software provided by us; or (vii) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by us or our Services to protect the Services or any data, hardware, software or server used in connection with it.
Linking, crawling and framing.
You agree not to, and warrant and represent that you will not assist any third party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the Services through any method (including without limitation, through copying, caching or framing), unless such access is expressly permitted in a written agreement executed by The Core Woman Academy, Inc.
a. Ownership of Proprietary Information. You hereby acknowledge and agree that The Core Woman Academy, Inc is the owner or licensee of highly valuable proprietary information accessible on or through the Services, including without limitation, the compatibility matching system, compatibility profiles, and our compatibility quiz (collectively, "Confidential Information"). The Core Woman Academy, Inc owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.
b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
Disclosure By Law.
Use of Anonymous Information for Research.
Links to Third-Party Websites / Dealings with Advertisers and Sponsors.
DISCLAIMER OF WARRANTIES AND CONDITIONS.
a. No Warranties or Conditions. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ALWAYS TO CLAUSE 7 (LIMITATION OF LIABILITY) BELOW. THE CORE WOMAN ACADEMY, INC, PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT AND INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE CORE WOMAN ACADEMY, INC DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. THE CORE WOMAN ACADEMY, INC DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION, WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OR WEBSITE CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICES WILL BE SECURE OR FREE FROM DATA BREACHES OR CYBER ATTACKS.
LIMITATION OF LIABILITY.
a. Limitation of Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE CORE WOMAN ACADEMY, INC, BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE CORE WOMAN ACADEMY, INC, KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE CORE WOMAN ACADEMY/POCKET COACHING’S™, AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID THE CORE WOMAN ACADEMY, INC, FOR THE USE OF ANY SERVICES, THE AMOUNT OF USD $25.00 OR ITS EQUIVALENT.
b. No Liability for non- The Core Woman Academy, Inc, Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE CORE WOMAN ACADEMY, INC, BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
a. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless The Core Woman Academy, Inc and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, contractors, coaches, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by The Core Woman Academy, Inc. The Core Woman Academy, Inc 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 Core Woman Academy, Inc in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE SERVICES OR THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE (TO THE MAXIMUM EXTENT PERMITTED BY LAW) CALIFORNIA CIVIL CODE 1542 (AND ANY OTHER APPLICABLE LAW OR STATUTE) WHICH SUBSTANTIALLY STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
COMPLAINTS / LAW ENFORCEMENT CONTACT.
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the Help link located at the bottom of any page of The Core Woman Academy, Inc Services or email us by clicking here. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to The Core Woman Academy, Inc to our email on our contact us page. All other correspondence sent to this email will be discarded.
Communication and Privacy.
TERM AND TERMINATION.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder.
Either you or The Core Woman Academy, Inc may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. The Core Woman Academy, Inc reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records if your account and/or access to the Services is terminated. In the event your access to any of the Services is suspended due to a material breach of this Agreement, you agree that all fees then paid to The Core Woman Academy, Inc by you will be nonrefundable. You may terminate your account by following the steps in the applicable section under "Cancellations" below, or by sending a notice of cancellation to: The Core Woman Academy Inc., Attn: Cancellations, P.O. Box 3002, McDonough Georgia 30253 USA. Following any termination of your Service account due to a violation of our Agreement, The Core Woman Academy, Inc reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
CANCELLATIONS & ACCOUNT HOLDS.
a. Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by using our contact us page and labeling the subject CANCELLATION and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. If you purchase a subscription on an installment payment basis cancellation will not affect your obligation to pay the total contractual amount due on your subscription and your account, credit card, or other payment method will continue to be charged the scheduled payments until the remaining balance is paid in full.
b. Cancellation through a Non- The Core Woman Academy, Inc Service with No Refund. To cancel a membership purchased through a Non- The Core Woman Academy, Inc Service, you must access your Non- The Core Woman Academy, Inc Service account and follow the cancellation prompts for each service. The current cancellation process for Apple requires you to access the Settings option on your iPhone, click on iTunes & App Stores, select your Apple ID, View Apple ID and Subscriptions. You can then click on your The Core Woman Academy, Inc subscription and cancel as instructed. To cancel a membership purchased through Google, the current cancellation process requires you to sign into your Google account, select “My subscriptions,” select the subscription you want to cancel, click “Manage,” and then “Cancel Subscription.” Further instructions for cancellation are available for Apple HERE and Google HERE.
Cancellation As a Result of Death or Disability.
If by reason of death or disability you are unable to receive the full Premium Membership for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (iii).
i. If you have prepaid any amount for a Subscribing Membership, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
i. "Disability" means a condition which precludes you from physically using the Subscribing Membership during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to The Core Woman Academy, Inc.
ii. If the physician determines that the duration of the disability will be less than six (6) months, The Core Woman Academy, Inc may extend the term of the Subscribing Membership contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
IN ORDER TO PROVIDE CONTINUOUS SERVICE, THE CORE WOMAN ACADEMY, INC
AUTOMATICALLY RENEWS ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT TERM. WE ALWAYS COMMUNICATE RENEWAL PERIODS TO YOU, BEFORE YOU FINALIZE THE PURCHASE OF YOUR SUBSCRIPTION, UPON CONFIRMATION OF PURCHASE, AND IF APPLICABLE IN YOUR JURISDICTION, IN AN EMAIL REMINDER AT LEAST 30 DAYS PRIOR TO THE EFFECTIVE RENEWAL DATE. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE-DESCRIBED AUTOMATIC RENEWALS. IN CONNECTION WITH ANY RENEWAL, YOU AGREE AND AUTHORIZE US TO CHARGE YOU APPLICABLE CHARGES, INCLUDING APPLICABLE INSTALLMENT FEES, SALES OR OTHER RELATED TAXES TO WHICH YOUR SUBSCRIPTION MAY BE SUBJECT AND WHICH MAY VARY FROM TIME TO TIME. IN ALL CASES, IF YOU DO NOT WISH YOUR ACCOUNT TO RENEW AUTOMATICALLY, PLEASE FOLLOW THE DIRECTIONS SET OUT UNDER "CANCELLATIONS AND ACCOUNT HOLDS" SECTION ABOVE.
ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
a. Purpose: This section 15 of the Agreement (henceforth referred to as “Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and The Core Woman Academy, Inc. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial. Please read this Arbitration Agreement carefully. It provides that all Disputes between you and The Core Woman Academy, Inc shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law). For the purpose of this Arbitration Agreement, “The Core Woman Academy, Inc” means The Core Woman Academy, Inc, Inc. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and The Core Woman Academy, Inc regarding any aspect of your relationship with The Core Woman Academy, Inc, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced. YOU AND THE CORE WOMAN ACADEMY, INC EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
b. Pre-Arbitration Dispute Resolution: For all Disputes you must first give The Core Woman Academy, Inc an opportunity to resolve the Dispute. You must commence this process by mailing written notification to P.O. Box 3002, McDonough, GA 30253 USA. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If The Core Woman Academy, Inc does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
c. Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or The Core Woman Academy, Inc may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration,
and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with The Core Woman Academy, Inc, the Agreement, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
d. Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e. Location of Arbitration: You may initiate arbitration in Los Angeles, CA, via written submissions, in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution, or in another location mutually agreed to by the parties.
f. Payment of Arbitration Fees and Costs: Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), The Core Woman Academy, Inc will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with The Core Woman Academy, Inc as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from The Core Woman Academy, Inc your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
g. Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or
representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and The Core Woman Academy, Inc specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Registered Member of The Core Woman Academy, Inc and/or user of The Core Woman Academy, Inc services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
h. Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and The Core Woman Academy, Inc are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and The Core Woman Academy, Inc might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
i. Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
j. Continuation: This Arbitration Agreement shall survive the termination of your contract with The Core Woman Academy, Inc and your use of The Core Woman Academy, Inc Services.
a. Right to Seek Injunction. Violation of this Agreement may cause The Core Woman Academy, Inc irreparable harm, and therefore agree that The Core Woman Academy, Inc will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that The Core Woman Academy, Inc may have for a breach of this Agreement.
This Agreement was last revised on May 7, 2021.
Copyright © 2018-2021 The Core Woman Academy, Inc. All Rights Reserved. The Core Woman Academy and other marks, colors, and images are registered and common law trademarks of The Core Woman Academy, Inc. Other trademarks and brands are the property of their respective owners.