Terms and Conditions
Last updated: July 15, 2024
This website is owned by Spirit In Training, LLC (the “Company”, “we”, “us” or “our”). These Terms and Conditions outline the rules and guidelines for using our website and its content and when You use, purchase or participate in any classes, workshops, programs, materials, products, and other services offered by Spirit In Training, LLC (individually and collectively our “Offerings”) via our website, or when You engage with us on social media. “You” or “Your” refers to any user of our website or social media content and any user or purchaser of our Offerings. The term “website” refers to www.spiritintraining.com, any other website under the control of the Company, and any file sharing or distribution solutions we use related to our Offerings.
A separate signed coaching agreement is required for coaching Offerings.
By accessing or using our website, our Offerings, or our social media content, You agree to comply with these Terms and Conditions and You consent to our collection and use of personal data as outlined in our Privacy Policy. Please read them carefully. If You disagree with any of these Terms and Conditions or our Privacy Policy, You may not access or use our website or Offerings. By continuing to access or use our website, our Offerings, or our social media content, You agree to be bound by these terms.
We may change, amend, and modify these Terms and Conditions at any time in our sole discretion. Any changes become effective immediately upon posting on www.spiritintraining.com. Please review these Terms and Conditions when You use our website or Offerings for any purpose or engage with us on social media. By continuing to use our website, Offerings or our social media content after any changes are made, You agree to be bound by the updated terms. We will alert You to changes by changing the “last updated” date at the top of this page.
THESE TERMS AND CONDITIONS INCLUDE AN AGREEMENT TO ARBITRATE THAT REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT DISPUTES AND CLAIMS AGAINST US TO BINDING AND FINAL ARBITRATION. YOU WILL ONLY BE PERMITTED TO BRING DISPUTES AND CLAIMS AGAINST US AND SEEK RELIEF ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU MAY NOT BE ABLE TO HAVE ANY DISPUTES AND CLAIMS AGAINST US DECIDED BY A JURY OR COURT.
You may click on one of the section links below to go directly to the section:
User Responsibilities and Disclaimer
Use of Content
When You Provide Feedback to Us
Privacy Policy
Links to Third-Party Websites
Linking to or Framing Our Website
Prohibited Activities
Termination
Payment Policy
Cancellation and Refund Policy
No Warranties
Limitation of Liability
Indemnity
Agreement to Resolve Disputes by Binding Arbitration
Jurisdiction and Applicable Law
Contact Us
User Responsibilities and Disclaimer
By using our website, You agree to use it responsibly and legally.
Our website, Offerings, and social media content are designed for individuals age 18 and older. If You are under the age of 18, You may not access or use the website or Offerings.
The information in our website, Offerings, and social media content is provided for educational and informational use only. We are not responsible for what You do with this information, including without limitation the decisions You make and any consequences of those decisions to You or others. By accessing our website, social media content and Offerings, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the information, guidance or materials provided to You.
You agree that You are solely responsible for Your interaction with any other user of our Offerings, and we will have no liability with respect to those interactions.
Use of Content
Our website, Offerings, and social media content, including without limitation, all materials, presentations, displays, images, video, audio, text, graphics, designs, branding, logos, taglines, trademarks and service marks (common law or federally registered), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark and other laws. All intellectual property rights are reserved.
Nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights. You are permitted to use the website, Offerings, and our social media content for Your personal, non-commercial use only. You may only print or download one copy of any website pages or materials or any Offerings You elect to purchase or opt in to receive. In doing so You must not modify, alter, or remove any portion of the content.
You may not republish, copy, reproduce, duplicate, distribute, or modify the content without requesting and receiving written permission from us before doing so. Unauthorized use or reproduction of the content is strictly prohibited. Requests for permission should be addressed to the following email: info@spiritintraining.com .
Violation or infringement of intellectual property rights is illegal and may be prosecuted should we choose to do so.
When You Provide Feedback to Us
You assign all rights, title and interest in any feedback or suggestions You provide the Company, to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and get full benefit of Your feedback or suggestions without restriction.
Privacy Policy
We respect Your concerns about privacy. Our Privacy Policy outlines how we collect, use, and protect Your personal information. By using our website, Offerings, or engaging with us on social media, You consent to our collection and use of personal data as outlined in our Privacy Policy.
Links to Third-Party Websites
Certain Offerings made available via our website are delivered by third-party websites and organizations. By accessing any Offering or functionality originating from our website, You understand and agree that we may share such information and data with any third party we engaged to provide such Offerings.
At our discretion, we may include links to third-party products, services, materials, or other resources on our website or in our Offerings or our social media content. These links are provided for Your convenience only. The fact that we offer such links or access should not be construed in any way as an endorsement, authorization, or sponsorship of such sites and/or resources. These third-party sites and resources have separate and independent terms and conditions and privacy policies and we have no control over, and no responsibility or liability for the policies, content and activities of these linked sites, or resources. Any interactions You have with such third parties are between You and the third party, and You agree that we are not liable for any loss or claim You may have as a result of this interaction and/or against any third party. It is Your responsibility to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Third party links and website information referenced in any of our content may change, and we do not guarantee that they will remain accurate.
Linking to or Framing Our Website
If You would like to link to our website from Your own website or platform, You must obtain our prior written approval. We reserve the right to request the removal of any links that we deem inappropriate or unauthorized in our sole discretion, and to withdraw linking permission without notice. Requests for permission should be addressed to the following email: info@spiritintraining.com. You may not frame our website on any other website or platform.
We may disable social media features and any links at any time without notice in our sole discretion.
Prohibited Activities
You agree not to engage in any activity that could harm our website or interfere with its operation. This includes but is not limited to hacking, spamming, spreading viruses or malware, or engaging in any unlawful or fraudulent activity.
If You are found to be slandering, libeling or otherwise disparaging us or our Offerings, we reserve the right to remove or block Your access to our website and Offerings and pursue any legal remedies available to us.
Termination
We reserve the right to terminate or suspend Your access to the website or any Offerings for any violation of terms.
Payment Policy
You are responsible for paying in full for anything You purchase from Spirit In Training, including any applicable sales and other taxes or fees. This Payment Policy is valid regardless of the payment method You choose and applies to pay in full and payment plans. Unless otherwise agreed in writing, payment is due in full at the time You sign up/register/schedule a session. Payment plans are offered solely at our discretion.
If You are offered and select a payment plan, You will be charged Your first payment upon signing up/registering for Your session, event, or purchase. Any subsequent payments will be automatically collected in accordance with the specifics of the payment plan until the balance is satisfied. You agree to provide and maintain current, complete, and accurate purchase information for all purchases.
By making a purchase, You represent and warrant that You have the legal right to use the payment card or method used in connection with the purchase and the payment related information You provide is true, correct, and complete. You grant us the right to use and provide this information to third-party service providers, including payment processors, to complete Your purchase.
Any fees associated with a stop payment, late payment, or fees charged by a third party to recoup costs for nonpayment that Spirit In Training incurs resulting from nonpayment or failure to pay, will be added to Your balance.
Completing the checkout process confirms Your acknowledgment and agreement with our Payment Policy, Cancellation and Refund Policy, our Terms and Conditions and our Privacy Policy.
Cancellation and Refund Policy
All purchases are final, and we do not offer any money-back guarantees or refunds other than what is described in this section.
For individual sessions:
A 24-hour notice is required to cancel or reschedule a session. If 24-hour notice is given, the session can be rescheduled, subject to availability. No refunds will be issued. If the session is part of a package of sessions, it must be rescheduled within the time specified for completion of the package. Individual sessions must be rescheduled within 21 days of the original date. Sessions not rescheduled within these time frames will be forfeited with no refund.
If You miss a session without 24-hour notice, that session is considered cancelled and will not be rescheduled. No refunds will be issued for missed sessions.
If You have not joined the session or let us know You are running late within 10 minutes of the start time, that session is considered cancelled.
If You are late for a session, please understand that to respect other clients and commitments, we will still need to finish at the agreed time.
For group sessions:
Group sessions cannot be rescheduled.
If You are late for a group session, You will be admitted to the session as soon as possible at an appropriate time to limit disruption of activities in progress. The session will still conclude at the scheduled time.
If we cancel:
In the rare event that Spirit In Training needs to cancel or reschedule a session or an offering due to circumstances beyond our control, or if we determine there are not enough participants to viably run a session or offering, we will provide registered participants with as much notice as possible. In the event we cancel or reschedule an event we may communicate alternative options that include a full refund or a credit towards another Offering.
We reserve the right to modify or terminate Offerings and the relationship between Company and You at any time for reasons such as, but not limited to, inappropriate, disrespectful, disruptive, dangerous, or criminal behavior on Your part. We will notify You of any modification or termination, and the effective date will be the date notice is sent. In such situations, at the discretion of Company, a refund may or may not be issued for any remaining sessions or Offerings that were paid for but not completed.
All decisions regarding refunds are subject to applicable laws.
No Warranties
YOUR USE OF OUR WEBSITE, AND OUR OFFERINGS, AND OUR SOCIAL MEDIA CONTENT IS AT YOUR SOLE RISK. OUR WEBSITE, OFFERINGS, AND SOCIAL MEDIA CONTENT ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF THE COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, UNDERTAKING, OR REPRESENTATION OF ANY KIND THAT THE WEBSITE OR OFFERINGS OR SOCIAL MEDIA CONTENT WILL (I) MEET YOUR REQUIREMENTS, (II) ACHIEVE ANY INTENDED RESULTS, (III) OPERATE WITHOUT INTERRUPTION (IV) BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS OR OFFERINGS, (V) BE TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER WE OR ANY OF OUR PROVIDERS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE WEBSITE AND OFFERINGS, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON OR THEREIN; (II) AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE OR OFFERINGS OR SOCIAL MEDIA OR OTHER COMMUNICATIONS; OR (III) THAT THE WEBSITE, ITS SERVERS, THE CONTENT, OR E-MAILS OR OTHER COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS, OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
Limitation of Liability
You expressly understand and agree that we are not liable in any way for any damages or losses from Your use of our website, use or participation in our Offerings, engagement with us on social media, or Your reliance on the information provided on our website, or through our Offerings, our social media and other communications.
You agree and understand that we are not acting in a professional medical, mental health, legal or financial advisory capacity with respect to our Offerings. None of the Offerings or related materials is intended as, and shall not be understood to constitute medical, mental health, legal, financial, or any other professional advice. If You have medical, mental health, legal, or financial questions You should consult a qualified professional.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, CO-BRANDERS OR PARTNERS (INDIVIDUALLY AND COLLECTIVELY “COMPANY PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOSS OF PROFITS, LOST REVENUE, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY, LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE WEBSITE OR AN OFFERING, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE OFFERING, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS AND CONDITIONS), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES AND JURISDICTIONS, EACH PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, OUR WEBSITE, OUR OFFERINGS, OUR CONTENT, YOUR INTERACTIONS WITH US VIA SOCIAL MEDIA, OR ANY ASPECT OF THE TRANSACTIONS OR RELATIONSHIP BETWEEN US, SHALL BE LIMITED TO, AND ANY LIABILITY ON THE PART OF THE COMPANY PARTIES, IN THE AGGREGATE, SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE PARTICULAR OFFERING PROVIDED OR $25 USD, WHICHEVER IS GREATER.
Indemnity
You agree to defend, indemnify, and hold the Company and its affiliates, employees, contractors, agents, licensors, suppliers, and content providers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable attorney’s fees, resulting from, or alleged to result from, Your use of the website and Offerings, Your engagement with us on social media, and any violation of these Terms and Conditions.
Agreement to Resolve Disputes by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
In the event of a dispute or a current or potential claim between You and Company arising out of or related to these Terms and Conditions, our website, our Offerings, our social media content, or any aspect of the transactions or relationship between us, You agree to contact us first at info@spiritintraining.com to resolve the issue amicably. If we are unable to resolve the issue, You agree to resolve any such dispute or claim through binding arbitration, in accordance with the terms of the agreement in this section, except that:
(i) You or the Company may assert a claim in small claims court, if Your dispute or claim qualifies and falls within the scope of such court’s jurisdiction;
(ii) Company may at its option elect to bring any of the following actions either in court or under this arbitration agreement:
a. any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights
and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or
trade secrets
b. an action for temporary or preliminary injunctive relief
You agree and understand that both You and Company are each waiving the right to a jury trial.
Other than in the case of the exceptions described above, a neutral arbitrator will determine Your rights, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Waiver of Class Action or Mass Arbitration/Dispute Resolution: You agree and understand that both You and Company are each waiving the right to participate in a class action or alternative class or mass dispute resolution process.
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
If a claim is brought seeking public injunctive relief and a court determines that the restrictions prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims will be arbitrated. In such a case, the court shall stay the claim for public injunctive relief until the arbitration pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated.
Pre-Arbitration Dispute Resolution Process: Most concerns can be resolved by contacting Company at info@spiritintraining.com. If this is not successful the party who intends to seek arbitration must first send to the other, by certified mail, a written notice (“Notice”). The Notice to Company must be sent to Spirit In Training, LLC, P.O. Box 2082, Westport, CT 06880. The Notice must (i) explain the dispute or claim (ii) list Your name and address; (iii) the amount of money in dispute, if applicable; and (iv) the resolution You would like. If Company and You do not resolve the claim within sixty (60) calendar days after the Notice is received, You or Company may commence an arbitration proceeding. During the arbitration, the amount and details of any settlement offer made by Company or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or Company is entitled.
Arbitration Procedures: Arbitration will be conducted by a single neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA Consumer Arbitration Rules and Consumer Arbitration Rules f/k/a Supplementary Procedures for Consumer-Related Disputes, as modified by this Arbitration Agreement. The AAA Rules and fees for consumer disputes and fees, including the process for submitting a claim to arbitration are available at https://www.adr.org/consumer .
The arbitrator will decide all issues, including issues related to the scope, enforceability, and arbitrability of this arbitration agreement. If there is any inconsistency between the AAA Rules and this agreement, this agreement will control unless the arbitrator determines that applying the inconsistent agreement terms would not result in fundamentally fair arbitration.
Unless Company and You agree otherwise, any arbitration hearings will take place by virtual or telephonic means. Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules. The AAA Rules will govern any payment of attorneys’ fees.
Confidentiality: All aspects of any settlement negotiations or offers, the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the “Waiver of Class Action or Mass Arbitration/Dispute Resolution”) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. The remainder of the Terms and Conditions will continue to apply.
In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The arbitrator is also not empowered to award punitive or exemplary damages, and the parties waive any right to recover any such damages.
Jurisdiction and Applicable Law
All proceedings related to these Terms and Conditions, our website, our Offerings, our content, and your engagement with us on social media will be governed by the laws of the State of Connecticut without regard to its conflict of laws provisions. For any claims or disputes not subject to arbitration as set forth above, or with respect to the enforcement of any arbitration decision or award, You and Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Fairfield County, Connecticut.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions, our website, our Offerings, our content, and your engagement with us on social media must be filed within one year after such claim or cause of action arose or be forever barred.
Contact Us
If You have any questions or concerns regarding these Terms and Conditions, please contact us at info@spiritintraining.com or by using our website contact form at https://www.spiritintraining.com/contact.