Terms and Conditions

Online Materials

Terms & Conditions of Purchase and Use

Please read this document carefully.  This is a legal agreement between you and Magus Consulting llc, a Virginia based company and owner and operator of InPower Coaching (“Company”). This agreement governs your use of any Company online courses and materials and any associated software code, documentation or other materials made available by Company (collectively referred to in this Agreement as the “Online Materials”).

By purchasing InPower Coaching Online Materials you agree to the following.

1. USE LICENSE.

1. YOU MAY USE THE MATERIALS YOU PURCHASED. You are granted a nonexclusive, nontransferable, limited license to access and use the Online Materials for the duration of time for which the applicable fees, if any, have been paid.
2. YOU MAY PRINT THEM BUT MAY NOT DISTRIBUTE TO OTHERS. You are granted a nonexclusive, nontransferable, limited license to print out materials from the Online Materials solely for your own, individual use. You may not copy, distribute or otherwise share the materials you have printed out with others.
3. YOU MAY NOT SELL THEM. The Online Materials is licensed to only you.  In no event may you share your login, password or use of the Online Materials with another person, or transfer, rent, sell, or otherwise dispose of the Online Materials on a temporary or permanent basis.
4. PENALTIES. Any violation of this provision will be grounds for potential legal action.

2. OWNERSHIP OF ONLINE MATERIALS. All right, title, and interest (including all copyrights and other intellectual property rights) in the Online Materials in both print and machine readable form belongs to Company or its licensors or suppliers. You acquire no proprietary interest in the Online Materials or copies thereof.

1. YOU MAY NOT MODIFY OR ADAPT MATERIALS. Except as specifically provided in Sections 1 and 2, you are prohibited from downloading, storing, reproducing, transmitting, displaying, publishing, copying, distributing or using the Online Materials. You may not modify, adapt, translate or create derivative works of the Online Materials except in accordance with this Agreement or with the prior written consent of Company. You may be held legally responsible for any infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.
2. YOU MAY NOT REMOVE COPYRIGHT. You may not remove, redact or otherwise obscure the copyright, trademark or other notices contained in the Online Materials.
3. PENALTIES. Any violation of this provision will be grounds for potential legal action.

3. SATISFACTION GUARANTEE. Company stands by the value of Online Materials. If, after using the materials, you are not 100% satisfied with their quality and effectiveness, you may request a 100% refund via email within 30 days of purchase. Please send refund requests, specifying your area of dissatisfaction, to Dana Theus (dtheus@magusconsulting.com).

4. TECHNICAL SUPPORT.  You may contact Company via email if you experience difficulties connecting to or using technical features of the Online Materials during the period of time for which you have paid the applicable Online Materials fees.

5. CONTENT SUPPORT & COACHING.  Company will provide support opportunities as defined in individual product materials. Additional support may be purchased in the form of coaching or consulting services. Company also encourages your content-related feedback.

6. LIMITED WARRANTY.

1. Company represents and warrants that it has the right and authority to make the Online Materials available to you.
2. While Company endeavors to make web access to the Online Materials available to you 24 hours per day, 7 days per week except for regularly scheduled downtime periods, Company reserves the right to change its availability policy from time to time, and Company does not warrant that the Online Materials will be uninterrupted, nor does it warrant any particular feature of the Online Materials.  Company personnel are available to maintain and/or repair the Online Materials only during regular business hours.
3. EXCEPT AS OTHERWISE PROVIDED IN SECTION 6.1, THE ONLINE MATERIAL AND ANY SERVICES PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND COMPANY AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS DEALERS, DISTRIBUTORS, AGENTS, AFFILIATES OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY UPON SUCH INFORMATION OR ADVICE.

7. YOUR OBLIGATIONS.

1. YOUR INFORMATION IS ACCURATE. You hereby represent and warrant that the information you have provided on the customer information or registration form is true and accurate.
2. YOU ARE RESPONSIBLE FOR YOUR BEHAVIOR IN ANY ONLINE COMMUNITIES HOSTED BY COMPANY. As a result of your product purchase, you may be invited to join private online discussions and communities hosted by Company. You agree to behave professionally and you agree that you may be removed from such communities for any unprofessional behavior and that such action does not constitute grounds for a refund for any product you have purchased from Company.
3. YOU ARE RESPONSIBLE FOR YOUR ACCOUNT. You are entirely responsible for any and all activities that occur under any account you are given access to due to a purchase from Company. You are responsible to oversee and protect against unauthorized or unlawful use of or access to the Online Materials.  You shall notify Company immediately of any unauthorized use of your account or any other breach of security.
4. HOLD HARMLESS. You will indemnify and hold harmless Company and its licensors or suppliers or affiliates against any and all judgments, settlements, penalties, costs and expenses (including attorneys’ fee) paid or incurred in connection with claims due to, resulting from or arising in connection with your actions or negligence, including but not limited to those attributable to any breach of this agreement or any infringement, misappropriation or violation of any copyrights, intellectual property rights or other proprietary rights of any third party.

8. LIMITATIONS OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ANYONE ELSE WHO HAS BEEN INVOLVED ON BEHALF OF COMPANY IN THE CREATION, PRODUCTION OR DELIVERY OF THE ONLINE MATERIALS OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE ONLINE MATERIALS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL COMPANY OR ITS LICENSORS OR SUPPLIERS OR AFFILIATES TOTAL CUMULATIVE LIABILITY FOR LOSS OR DAMAGE UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE ONLINE COURSE.

9. MISCELLANEOUS.

10. TERMINATION.  These Terms and Conditions, including the Additional Terms, may be changed from time to time as described below or by written agreement.  Charges and payment terms may be changed in accordance with your applicable price schedule or purchase agreement; all other provisions may be changed by Company immediately upon notice.  All current subscribers to the Online Materials will be notified by of any such changes by e-mail.  Continued use of the Online Materials following any change constitutes acceptance of the change.

11. CHOICE OF LAW AND FORUM.  This Agreement shall be governed by the laws of the State of Virginia without regard to that body of law known as conflicts of law, and excluding the United Nations Convention on Contracts for the Sale of Goods.  You agree that any dispute arising under this Agreement shall be brought solely and exclusively in a court of competent jurisdiction located in the state of Virginia, USA, and agree to submit to personal jurisdiction in the State of Virginia for that purpose.

12. TRANSFERABILITY.  You may not assign your rights to access and use the Online Materials without the prior written consent of Company.

13. DISCLAIMER The information contained in this website is for general information purposes only. The information is provided by Magus Consulting, llc (owner and operator of InPower Coaching) and while we endeavor to keep the information useful, up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Magus Consulting, llc. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Magus Consulting, llc takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

14. COMPLETE AGREEMENT.  These General Terms and Conditions, and any Additional Terms constitute the complete and exclusive statement of the terms of the agreement regarding the Online Materials between you and Company.  It supersedes and replaces any previous or contemporaneous written or oral agreements and communications relating to the Online Materials.

15. ENFORCEMENT.  If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

Rev. September 15, 2011