Terms and Conditions
This is an agreement between you (the undersigned) and Perfect Creation, Inc, d/b/a iPEC Coaching, (hereafter, “iPEC”) regarding the iPEC Coaching Campus Service and associated software (the “Service”). Before using the Service, please read these Terms of Use, all rules and policies related to the Service (including any service plan specific rules, usage restrictions and other conditions or procedures that we post or update on or through the Service at: http://ipec.carryoncampus.com. iPEC may change the terms of the Terms of Use from time to time, at any time, by posting such changes on the above noted site. BY USING THE SERVICE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SERVICE. If you do not agree to these Terms of Use, you may not access or otherwise use the Service.
The iPEC Coaching Campus Service
The Service: The iPEC Coaching Campus is an on-line learning management and interactive coaching environment.
Access: The digital content pre-loaded into the iPEC Coaching Campus – including but not limited to the Energy Leadership Development System and the Law of Being – are the intellectual property of Perfect Creation, Inc. d/b/a iPEC Coaching. This content may not be reproduced in any manner without the express written consent of iPEC.
The iPEC Coaching Campus system enables coaches and their clients to complete coaching exercises in the learning management system as well as maintain personal journals. All data entered into the coaching exercises and journals is owned by the individual who has input that data.
Using Your iPEC Coaching Campus Service. You may use the Service only to store, retrieve, manage, and access Your Files using the features and functionality we make available. You may not use the Service to store, transfer or distribute content of or on behalf of third parties, to operate your own file storage application or service, or to resell any part of the Service. You are solely responsible for Your Files and for complying with all applicable copyright and other laws, including import and export control laws and regulations, and with the terms of any licenses or agreements to which you are bound. You must ensure that Your Files are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
Sharing Your Data. The Service may provide features that allow you to share data with others. You may only share data in which you have all necessary copyright and other rights. If you share data, anyone with access to that data may view and download copies of the data. You are solely responsible for how you share data and who may access data that you share. You may not share data (a) that contains defamatory, threatening, abusive, pornographic, or otherwise objectionable material, (b) that advocates bigotry, hatred, or illegal discrimination, or (c) if sharing that data violates any law, any intellectual property, publicity, privacy, or other right of others, or any license or other agreement by which you are bound.
Limits on use:
i. # of clients – the stipulated monthly or annual base fee includes use of the system for up to 25 clients. Additional capacity can be added at any time in increments.
ii. Use of Your iPEC Coaching Campus Account. You may only use your Service Plan in connection with one iPEC Coaching account. You may not share your iPEC Coaching Campus username and password with others or use anyone else’s IPEC Coaching Campus username and password. You are responsible for maintaining appropriate security and protection of your data, ID and password. No client ID and/or password can be shared among multiple users; i.e. one account for one individual.
iii. Usage Restrictions. We may restrict access from certain geographies. There may be limits on the types of content you can store using the Service, such as file types we don’t support, and on the number or type of devices you can use to access the Service. If you exceed your Service Plan’s storage limit, including by downgrading or not renewing your Service Plan, you may no longer be able to access Your Files. We may impose other restrictions on use of the Service.
Proprietary Rights. As between you and iPEC, iPEC owns, solely and exclusively, all rights, title and interest in and to the Service, all the content, code, date and materials of the Service, and the look and feel, design and compilation and organization thereof, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the Service does not grant you ownership of any content, code, data or materials that you may access through use of the Service.
Clients of subscriber users must also adhere to all the posted copyright, privacy and usage policies. It is the sole responsibility of the subscribing coach to provide and take reasonable measures to enforce the expectations and guidelines to be complied with by each client, consistent with the terms of use herein.
Service Plan Fees. Except as hereafter noted, payment is non-refundable, even if you stop using the Service.
Automatic Renewal. UNLESS YOU NOTIFY US 5 BUSINESS DAYS BEFORE MONTHLY RENEWAL, YOUR PAID SERVICE PLAN WILL AUTOMATICALLY RENEW AT THE END OF ITS TERM, AND YOU AUTHORIZE US (WITHOUT NOTICE) TO COLLECT THE THEN APPLICABLE FEE FOR THE RENEWAL PLAN, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU. Service Plan fees and features may change over time.
You must use a credit card to pay for a Service Plan. If for some reason your payment is declined, you have 14 days to rectify the decline by making payment or service will be shut off.
Trial Offers. We may offer trial or promotional Service Plans (“Trial Plans”) for the Service. Some Trial Plans may automatically upgrade to a paid Service Plan at its regular price at the end of the promotional or trial period unless you choose not to upgrade. If you sign up for a Trial Plan that automatically upgrades, we will charge your credit card the applicable Service fee at the end of the Trial Plan unless you choose not to upgrade. Specific terms of Trial Plans will be provided at time of registration.
Refund Policy.
Monthly Subscriptions: Cancellation of a monthly plan will be effective at the end of the month on cancellation. No refund will be provided.
Annual Subscriptions: Cancellation of an annual plan will be effective at the end of the month of cancellation. A pro rata refund will be provided based upon the full price of annual service before any prepaid discount.
Our Use of Data to Provide the Service. We may use, access, and retain user data in order to provide the Service to you and enforce the terms of the Agreement, and you give us all permissions we need to do so. These permissions include, for example, the rights to copy your data for backup purposes, modify user data to enable access in different formats, and access user data to provide technical support. iPEC respects your privacy and your data are subject to the iPEC Privacy Notice.
Use of the Software. We may makeavailable to you software for your use in connection with the Service (the “Software”). Terms contained in the iPEC Terms of Use apply to your use of the Software.
Prohibited Use. You may not commercially distribute, publish, or exploit the Service, or any content, code, data or materials on the Services, unless you have received the express written approval of iPEC. You may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Service. iPEC will strictly enforce its intellectual property rights to the fullest extent of the law. The Coach-Subscriber shall be responsible for any mis-use by client (s); and, for the protection of confidentiality and intellectual properties.
Information Provided to iPEC Coaching. The Service and the Software may provideiPEC Coaching with information relating to your use and the performance of the Service and the Software, as well as information regarding the devices on which you download and use the Service and the Software. For example, this information may include the device type, mobile network connectivity, location of the device, information about when the Software is launched, individual session lengths for use of the Service, content contained within the Service, or occurrences of technical errors. Any information we receive is subject to the iPEC Privacy Notice.
Changes; Suspension and Termination
Changes. We may change, suspend or discontinue the Service, or any part of it, at any time without notice. If we discontinue the Service, we will give you a prorated refund of any fees paid for your Service Plan based on the number of full months remaining in your Service Plan.
Suspension and Termination. Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms. We may terminate the Agreement or restrict, suspend or terminate your use of the Service at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service. If your Service Plan is restricted, suspended or terminated, you may be unable to access your data and you will not receive any refund of fees or any other compensation.
General
No Waiver. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
Amendment. We may amend the Agreement at our sole discretion by posting the revised terms in the Service on:http://ipec.carryoncampus.com,but any increase in fees will not affect the cost of your Service Plan during its term. Your continued use of the Service or the Software after any amendment evidences your agreement to be bound by it.
Contact Information; Copyright Notices. For communications concerning the Agreement, please write: D. Luke Iorio, CEO, iPEC Coaching, 149 Avenue at the Common, Suite 202, Shrewsbury, N.J. 07702
Trademarks. The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Service or on content available through the Service are registered and unregistered Trademarks of iPEC and may not be used unless authorized by the iPEC. iPEC will enforce its Trademark rights to the fullest extent of the law.
Indemnification. You agree to defend, indemnify, and hold iPEC, its owners, officers, employees, contractors, and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorney fees, arising in any way from your use of the Service, your placement or transmission of any message, content, information, software or other materials through the site, or your breach or violation of the law or of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Disclaimer of Warranties. The Service and site, contents, functions and materials are provided “as is”, “as available”, and without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness or content of information on the site, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We hereby disclaim any and all such warranties, express or implied. No advice, results or information, whether oral or written, obtained by you from us or through the site shall create any warranty.
Changes and Corrections. We reserve the right to change or make corrections to any of the information provided on or through the Service at any time and without prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the site; nor will we be liable for an inaccuracy or omission concerning any of the information provided on the site.
Disputes/Binding Arbitration. Any dispute or claim arising from or relating to the Agreement or the Service is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms stipulated in this Terms of Use Agreement. You agree to those terms by entering into the Agreement or using the Service
Limitations of Liability. In no event, including but not limited to negligence, shall iPEC, its owners, officers, employees, contractors or agents, content or services providers (collectively, “The Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to the use of, or the inability to use, the site or the content, materials and functions related thereto, your provision of information via the site, lost business or lost sales. Certain jurisdictions may prohibit any of the above noted limitations; however, in no event, shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to, negligence or otherwise) arising from the terms of service or your use of the site exceed, in the aggregate, the amount, if any, paid by you to iPEC for your use of the site and service (for a the period of not more than the prior 12 months) or the purchase of products via the site.
Termination. We may terminate, change, suspend, or discontinue any aspect of the site or service at any time. We may restrict, impose limits on, suspend or terminate your access to the site and service, and features thereof, if we believe you have violated the Terms of Use or applicable law, or for any other reason without notice or liability.
Changes in Terms of Service. iPEC reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Changes to the Terms of Use will be effective when posted.
PRIVACY POLICY. iPEC understands how important privacy is to our members. We are committed to protecting your privacy and want to make sure that you understand how your membership information is used.
iPEC represents that it will only use anonymized metadata. The purpose of collecting such data is to optimize our ability to provide subscribers with the best possible system. No information identifiable to any one individual will be shared, published or distributed.
