TERMS OF USE

The following Terms of Use are entered into by and between You and Tracy March
Coaching.

The following terms and conditions, together with any documents they expressly
incorporate by reference (collectively, these “Terms of Use”), govern your access to and
use of www.TracyMarch.com and www.Coaching.TracyMarch.com (Websites),
including any content, functionality and services offered on or through the Websites,
whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Websites. By using
the Websites or by clicking to accept or agree to the Terms of Use when this option is
made available to you, you accept and agree to be bound and abide by these Terms of

Use and our Privacy Policy, incorporated herein by reference. If you do not want to
agree to these Terms of Use including the agreements incorporated by reference
herein, you must not access or use the Websites.

The Websites are offered and available to users who are 18 years of age or older. By
using the Websites, you represent and warrant that you are of legal age to form a
binding contract with the Company and meet all of the foregoing eligibility requirements.

If you do not meet all of these requirements, you must not access or use the Websites.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion.
All changes are effective immediately when we post them, and apply to all access to
and use of the Websites thereafter. Your continued use of the Websites following the
posting of revised Terms of Use means that you accept and agree to the changes. You
are expected to check this page from time to time so you are aware of any changes, as
they are binding on you.

Privacy

Your use of the Websites is also subject to the Company’s Privacy Policy. Please
review our Privacy Policy, which also governs the Websites and informs users of our
data collection practices. Your agreement to the Privacy Policy is hereby incorporated
into these Terms of Use.

Disclaimer

Your use of the Websites is also subject to the Company’s Disclaimer. Please review
our Disclaimer, which also governs the Websites and informs users of various
limitations regarding the information provided on the Websites. Your agreement to the
Disclaimer is hereby incorporated into these Terms of Use.

Accessing the Websites and Account Security

We reserve the right to withdraw or amend the Websites and any service or material we
provide on the Websites at our sole discretion without notice. We will not be liable if for
any reason all or any part of the Websites is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Websites, or the entire
Websites, to users, including registered users.

To access the Websites or some of the resources they offer, you may be asked to
provide certain registration details or other information. It is a condition of your use of
the Websites and any resources downloaded from the Websites that all the information
you provide on the Websites is correct, current, and complete. You agree that all
information you provide to register with the Websites or otherwise, including but not
limited to through the use of any interactive features on the Websites, is governed by
our Privacy Policy, and you consent to all actions we take with respect to your
information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of
information as part of our security procedures, you must treat such information as
confidential, and you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and agree not to provide any other
person with access to the Websites or portions of it using your user name, password or
other security information. You agree to notify us immediately of any unauthorized
access to or use of your user name or password or any other breach of security. You
also agree to ensure that you exit from your account at the end of each session. You
should use particular caution when accessing your account from a public or shared
computer so that others are not able to view or record your password or other personal
information.

We have the right to disable any user name, password or other identifier, whether
chosen by you or provided by us, at any time at our sole discretion for any or no reason,
including if, in our opinion, you have violated any provision of these Terms of Use.

No Unlawful or Prohibited Use and Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use
the Websites and the resources available for download from the Websites strictly in
accordance with these Terms of Use.

As a condition of your use of the Websites, you warrant to the Company that you will not
use the Websites or any of the resources available for download from the Websites for
any purpose that is unlawful or prohibited by these Terms. You may not use the
Websites or any of the resources available for download from the Websites in any
manner that could damage, disable, overburden, or impair the Websites or interfere with
any other party’s use and enjoyment of the Websites. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made available
or provided for through the Websites.

All content included as part of the Service, such as text, graphics, logos, images, as well
as the compilation thereof, and any software used on the Websites, is the property of
the Company or its suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions contained in any
such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or
sale, create derivative works, or in any way exploit any of the content, in whole or in
part, found on the Websites or any of the resources available for download from the
Websites.

The Company content is not for resale. Your use of the Websites or any of the
resources available for download from the Websites does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use protected
content solely for your individual use, and will make no other use of the content without
the express written permission of the Company and the copyright owner. You agree that
you do not acquire any ownership rights in any protected content. We do not grant you
any licenses, express or implied, to the intellectual property of the Company or our
licensors except as expressly authorized by these Terms.

The Company name, the Company logo, the Company slogan, and all related names,
logos, product and service names, designs, and slogans are trademarks of the
Company or its affiliates or licensors. You must not use such marks without the prior
written permission of the Company. All other names, logos, product and service names,
designs and slogans on the Websites are the trademarks of their respective owners.

For Educational and Informational Purposes Only

As set forth more fully in the Disclaimer, the information contained on the Websites and
the resources available for download through the Websites are for educational and
informational purposes only. The information contained on the Websites and the
resources available for download through the Websites is not intended as, and shall not
be understood or construed as legal, financial, tax, medical, health, or any other
professional advice.

Accuracy and Personal Responsibility

As set forth more fully in the Disclaimer, we have done our best to ensure that the
information provided on the Websites and the resources available for download are
accurate and provide valuable information, but we cannot guarantee the accuracy of the
information. Neither the Company nor any of its owners or employees shall be held
liable or responsible for any errors or omissions on the Websites or for any damage you
may suffer as a result of failing to seek competent advice from a professional who is
familiar with your situation.

By using the Websites, you accept personal responsibility for the results of your actions.
You agree to take full responsibility for any harm or damage you suffer as a result of the
use, or non-use, of the information available on the Websites or the resources available
for download from the Websites. You agree to use judgment and conduct due diligence
before taking any actions or implementing any plans or policy suggested or
recommended on the Websites.

No Guarantees as to Results

As set forth more fully in the Disclaimer, you agree that the Company has not made any
guarantees about the results of taking any action, whether recommended on the
Websites or not. The Company provides educational and informational resources that
are intended to help users of the Websites succeed. You nevertheless recognize that
your ultimate success or failure will be the result of your own efforts, your particular
situation, and innumerable other circumstances beyond the control and/or knowledge of
the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the
results obtained by others – whether clients of the Company or otherwise – applying the
principles set out in the Websites are no guarantee that you or any other person or
entity will be able to obtain similar results.

Email and Other Electronic Communications

Visiting the Websites or sending emails to the Company constitutes electronic
communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures, and other communications that we provide to you
electronically, via email and on the Websites, satisfy any legal requirement that such
communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places
on the Websites that provide you the ability to send an electronic communication to the
Company. Any such email or other electronic communication, however, does not create
a business relationship or any contractual relationship. As set forth more fully in our
Privacy Policy, we will take reasonable steps to ensure that any communications remain
confidential, but we cannot guarantee the security of such communications and cannot
guarantee that we would not be required to disclose such communications as a result of
a court order.

Use of Communication Services

The Websites may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, blog comment sections and/or other
message or communication facilities designed to enable you to communicate with the
public at large or with a group (collectively, “Communication Services”), you agree to
use the Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not: defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and publicity) of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information; upload
files that contain software or other material protected by intellectual property laws (or by
rights of privacy of publicity) unless you own or control the rights thereto or have
received all necessary consents; upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of another’s
computer; advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters; download any
file posted by another user of a Communication Service that you know, or reasonably
should know, cannot be legally distributed in such manner; falsify or delete any author
attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded, restrict
or inhibit any other user from using and enjoying the Communication Services; violate
any code of conduct or other guidelines which may be applicable for any particular
Communication Service; harvest or otherwise collect information about others, including
e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the
Company reserves the right to review materials posted to a Communication Service and
to remove any materials in its sole discretion. The Company reserves the right to
terminate your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part, in the
Company’s sole discretion.

Always use caution when giving out any personally identifying information about
yourself in any Communication Service. The Company does not control or endorse the
content, messages or information found in any Communication Service and, therefore,
the Company specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized as Company spokespersons, and their
views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to such
limitations if you upload the materials.

Materials Provided to the Websites

The Company does not claim ownership of the materials you provide to the Websites
(including feedback and suggestions) or post, upload, input or submit to any Websites
or our associated services (collectively “Submissions”). However, by posting, uploading,
inputting, providing, or submitting your Submission you are granting the Company, our
affiliated companies, and necessary sub-licensees permission to use your Submission
in connection with the operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate, and reformat your Submission; and to publish your name in connection
with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided
herein. The Company is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time at the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.

Links to Third Party Websites and Services

The Websites may contain links to other Websites (“Linked Website”). The Linked
Websites are not under the control of the Company and the Company is not responsible
for the contents of any Linked Websites, including without limitation any link contained
in a Linked Website, or any changes or updates to a Linked Website. The Company is
providing these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by the Company of the Websites or any association with its
operators.

Certain services made available via the Websites are delivered by third-party Websites
and organizations. By using any product, service, or functionality originating from the
Websites, you hereby acknowledge and consent that the Company may share such
information and data with any third party with whom the Company has a contractual
relationship to provide the requested product, service or functionality on behalf of the
Websites’ users and customers.

Use of Templates and Forms

The Company provides various templates and/or forms for download and/or sale on the
Websites. The Company grants you a limited, personal, non-exclusive, non-transferable
license to use our templates and/or forms for your own personal or internal business
use. Except as otherwise provided, you acknowledge and agree that you have no right
to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter,
enhance or in any way exploit any of the templates and/or forms in any manner, except
for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or
download may only be used by you for your personal or business use and may not be
sold or redistributed without the express written consent of the Company.
Use of Paid Courses, Programs, and Associated Material

The Company from time-to-time provides various courses, programs, and associated
material for sale on the Websites. The Company grants you a limited, personal, non-
exclusive, non-transferable license to use our courses, programs, and associated
material (collectively the “Courses”) for your own personal or internal business use.
Except as otherwise provided, you acknowledge and agree that you have no right to
modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter,
enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or
download may only be used by you for your personal or business use and may not be
sold or redistributed without the express written consent of the Company.

By ordering or participating in Courses, you further agree that you shall not create any
derivative work based upon the Courses and you shall not offer any competing products
or services based upon any information contained in the Courses.

Use of Free Downloadable Content

The Company provides various resources on the Websites, which users may access by
providing an e-mail address. The Company grants you a limited, personal, non-
exclusive, non-transferable license to use our resources provided in exchange for an
email address (the “Freemium Content”) for your own personal or internal business use.
Except as otherwise provided, you acknowledge and agree that you have no right to
modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter,
enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you
download may only be used by you for your personal or business use and may not be
sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any
derivative work based upon the Freemium Content and you shall not offer any
competing products or services based upon any information contained in the Freemium
Content.

Guests

The Company may, from time to time, provide information from a third party in the form
of a podcast guest interview, interview on other platform, guest blog post, or other
medium. The Company does not control the information provided by such third-party
guests, is not responsible for investigating the truth of any information provided, and
cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by the Company
agree to transfer all intellectual property rights they may have in any such interviews to
the Company and further provide a license to any rights they are unable to assign.

Cancellation of Subscription

Certain of the Company’s products and services are offered on an ongoing basis with a
monthly or yearly subscription. Users may cancel subscriptions at any time by emailing
[email protected]

Money Back Guarantee

For the sale of certain products, the Company provides a money-back guarantee. That
money-back guarantee is governed by the following terms, except to the extent that the
terms of a specific product or service provide otherwise.

Your subscription shall continue until the end of the existing subscription period and
shall terminate at the completion of that period. You shall not be charged after a
cancellation.

With respect to any purchase, you must request your money back within 30 days of the
purchase. You may request your money back by emailing [email protected] That
email must contain information about the product you purchased, the date of the
purchase, and the email and name associated with any such purchase. You are not
required to submit any proof that you have completed any work or meet any other
requirements.

Upon determining that you are entitled to a refund pursuant to this policy, the Company
will promptly issue an instruction to its payment processor to issue the refund. The
Company does not control its payment processor and will not be able to expedite any
refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall
immediately terminate any and all licenses granted you to use the material provided to
you under these Terms of Use or any other agreement. You shall immediately cease
using the material and shall destroy all copies of the information provided to you,
including without limitation: video recordings, audio recordings, forms, template
documents, slide shows, membership areas, social media groups limited to paying
members, and other resources.

Any customer may redeem a money-back guarantee from the Company only once
regardless of how many products and/or services the customer purchases. In other
words, after a customer has received a refund for any one product under this money-
back guarantee, that customer shall not be entitled to a refund as to any other product
or service purchased from the Company.

No Warranties

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR
OPERATION OF THE WEBSITES. THE COMPANY FURTHER MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS
TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS,
PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THE
WEBSITES. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.

Limitation of Liability

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS
THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER
OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THE
WEBSITES AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THE
WEBSITES. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU
FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE
OF THE WEBSITES.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE WEBSITES MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE WEBSITES AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE WEBSITES FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
“AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES, WITH THE
DELAY OR INABILITY TO USE THE WEBSITES OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE
USE OF THE WEBSITES, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR

INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITES, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE WEBSITES.

Arbitration

You hereby expressly waive any and all claims you may have, now or in the future,
arising out of or relating to the Websites, the Company, any and all contracts you enter
into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to
present such claim only through binding arbitration to occur in Yorktown, Virginia. You
further agree to and do hereby waive any right to class arbitration and agree, instead, to
conduct an arbitration related solely to any individual claims you and/or any entity
related to you asserts against the Company. To the fullest extent permissible by law,
you further agree that you shall be responsible for all costs associated with initiating the
arbitration and for the administration of the arbitration.

International Users

The Service is controlled, operated and administered by the Company from our offices
within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the
Company Content accessed through the Websites in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorneys’ fees) relating to or arising out of your use of or inability
to use the Websites 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.

Termination and Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the
Websites and the related services or any portion thereof at any time, without notice. To
the maximum extent permitted by law, and you hereby consent to resolve any and all
disputes arising under or related to the Websites or the Terms of Use pursuant to the
Arbitration Clause above. Use of the Websites is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this
section.

No Joint Venture or Other Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists
between you and the Company as a result of this agreement or use of the Websites.
The Company’s performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of the Company’s
right to comply with governmental, court, and law enforcement requests or requirements
relating to your use of the Websites or information provided to or gathered by the
Company with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect.

Entire Agreement

Unless otherwise specified herein, this agreement, along with the Privacy Policy and
Disclaimer, constitutes the entire agreement between the user and the Company with
respect to the Websites and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user
and the Company with respect to the Websites. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to
the same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this agreement and
all related documents be written in English.

Changes to Terms

The Company reserves the right, at its sole discretion, to change the Terms under
which the Websites are offered. The most current version of the Terms will supersede
all previous versions. The Company encourages you to periodically review the Terms to
stay informed of our updates.

Contact Us

The Company welcomes your questions or comments regarding the Terms:
Tracy March Coaching
Email Address: [email protected]

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