By entering into an ADHD Job Squad subscription (“Membership”) with LMR Coaching LLC, d/b/a ADHD Job Squad, (collectively “LMR Coaching”), You agree that the following terms and conditions shall form a binding contract between You and LMR Coaching, (the “Agreement”). You acknowledge that you have read, agree to and accept all of the terms and conditions contained in this Agreement.
- Membership and Fees. You represent that you are at least 18 years of age and agree that by joining the Membership with either a Essentials or Premium Subscription, You authorize LMR Coaching to charge Your credit card, Pay Pal account or to accept payment in any other method used by LMR Coaching as payment for Your subscription in the Membership. You may cancel at any time. However, once paid, You understand that monthly Membership fees are non-refundable. Should You terminate this Agreement pursuant to section 5 herein after paying a yearly Membership fee, LMR Coaching shall determine, in its sole discretion, whether You will be entitled to a refund with regard to the remaining Membership fee, if any. You understand and agree that LMR Coaching may, at any time and in its sole discretion, amend this Agreement, change the content of the Membership and/or subscription rights and may discontinue the Membership and related subscription altogether without liability.
- Ownership of Membership Material and Release. You agree that all materials and information provided to You by LMR Coaching and/or the Membership, including but not limited to third party materials, are LMR Coaching’s confidential and proprietary information and intellectual property, belonging solely and exclusively to LMR Coaching, and may be used by You only as authorized by LMR Coaching. You also agree that copying, recording in any form of media, reproduction, distribution and/or sale of these materials is strictly prohibited without LMR Coaching’s written consent.
You understand that as part of Your Membership, you may take part in group events, including, but not limited to, group chats or group meetings. These events may not be recorded by You. However, You give LMR Coaching permission to record You, and You hereby knowingly and voluntarily grant LMR Coaching the irrevocable right and permission to use Your voice, image, likeness, information, photographs and/or recordings for use in any form of media, including, but not limited to, videos, websites and in publications, promotional flyers, derivative works, or for any other similar purpose (collectively “Media”) without compensation to You. You also agree to waive the right to approve the Media, and You agree that the Media and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of LMR Coaching.
- Indemnification. You agree to indemnify and hold harmless LMR Coaching, its members, officers, employees, contractors, volunteers, speakers and/or agents from any and all claims, demands, suits, expenses, costs, reasonable attorney fees, judgments, or other charges incurred by LMR Coaching as a result of Your use of the Membership or Your breach of Your obligations hereunder. In addition, You agree to not hold LMR Coaching responsible and covenant not to sue LMR Coaching for any actions or results created as a direct result of advice given by LMR Coaching and/or through the Membership.
- Limitation of Liability. IN NO EVENT SHALL LMR COACHING BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOSS OF USE OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Termination. You may terminate this Agreement at any time, subject to section 1 herein, and by providing prior written notice to LMR Coaching. LMR Coaching may terminate this Agreement at any time with or without cause and without liability by providing written notice to You.
- No Representations or Warranties. You acknowledge and agree that LMR Coaching has made every reasonable effort to accurately represent the ADHD Job Squad Membership site and its content, and that LMR Coaching does not assume and hereby disclaims liability for any errors on the site or in the content. You further acknowledge and agree that LMR Coaching does not guarantee any results the Member may achieve, nor is LMR Coaching responsible for the results achieved from Your use of the Membership site. You further acknowledge and agree that (1) no representations or warranties have been made to You and You are not relying upon any representations or warranties, regarding the outcome or results of Your participation in or use of the Membership; (2) You acknowledge and agree that any resources provided to You through the Membership or LMR Coaching, including without limitation, information provided by LMR Coaching or any third party, are not medical, financial or legal advising, estate planning, nor any other type of professional counseling, and if You determine that You need counseling, You agree that it is Your responsibility to seek the assistance of a licensed and/or qualified professional related to Your specific needs; and (3) all advertising material and all prior representations or agreements, if any, whether oral or written, have no effect in this Agreement and are hereby superseded by this Agreement. In addition, You acknowledge and agree that LMR Coaching does not endorse and hereby disclaims any liability for any resources or information provided to Members by third parties.
LMR Coaching may, but is not required to offer an affiliate program (hereinafter referred to as “Affiliates”). You agree that although LMR Coaching may allow Affiliates to offer their products and/or services herein that LMR Coaching is not endorsing or recommending any of Affiliates’ products and/or services, and that purchase or use in any way by You of any Affiliates’ products and/or services is solely at Your own risk.
- Participation. LMR Coaching encourages open participation by all Members in order to have success. LMR Coaching will never intentionally share Your personal information with any outside service or business, but You acknowledge that Your participation in the activities or discussions in the community/chat section cannot be totally private, nor can LMR Coaching control what other Members do. You agree to respect the privacy of other Members. Notwithstanding anything herein to the contrary, You also agree that LMR Coaching may terminate Your Membership immediately, in its sole discretion and without liability, should You be rude, disrespectful or disruptive, including, but not limited to making, threatening, racist, discriminatory, harassing or offensive remarks, or if You in any way impair the participation of other Members or Membership speakers.
- General Provisions.
- Assignment. You shall not assign any of Your rights under this Agreement without the prior written consent of LMR Coaching.
- Notice. All notices required to be given under this Agreement must be given in writing. Such notices shall be deemed to have been given when delivered in person, or three (3) days after being sent by certified mail, return receipt requested, postage pre-paid, or upon delivery by reputable overnight courier, all delivery charges pre-paid, and addressed as follows: If to LMR Coaching: LMR Coaching LLC, 7050 W. Palmetto Park Rd., Suite 15-295, Boca Raton, Florida 33433, Attention: Lynn Miner-Rosen. If to You: at the address supplied when applying for membership.
- Publicity/ Use of Name. You agree that you will not, without the prior written consent of LMR Coaching, use in advertising, publicity or otherwise the name of LMR Coaching or ADHD Job Squad.
- Dispute Resolution. Each Party agrees that in the event a dispute should arise under this Agreement or relating in any manner hereto, the Parties shall first endeavor to resolve their dispute by good faith negotiations between or among the Parties. In the event the Parties are unable to resolve the matter, the Parties agree to mediate their dispute within thirty (30) days after the dispute initially arose, using a third party mediator.
- Governing Law, Jurisdiction and Waiver of Jury Trial. This Agreement shall be governed and construed by and under the laws of the State of Florida. In the event the Parties are unable to mediate their dispute to a satisfactory resolution, the Parties agree that the state or federal courts in Palm Beach County, Florida shall have exclusive jurisdiction to hear and determine any claims or disputes between the Parties arising out of or related to this Agreement. IN THE EVENT OF LITIGATION PROCEEDINGS AND TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HEREBY KNOWINGLY AND WILLINGLY WAIVES AND SURRENDERS SUCH PARTY’S RIGHT TO TRIAL BY JURY AND AGREES THAT SUCH LITIGATION SHALL BE TRIED TO A JUDGE SITTING ALONE AS THE TRIER OF BOTH FACT AND LAW, IN A BENCH TRIAL, WITHOUT A JURY.
- Survival. Unless and to the extent otherwise specified herein, all terms of this Agreement which by their nature extend beyond its termination, remain in effect until fulfilled, and apply to respective successors and assigns.
- Force Majeure. With the exception of Your payment obligations, if performance hereunder is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of a Party, including, but not limited to, third party service providers necessary for LMR Coaching to provide the Membership, the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, restriction or interference.
- Waiver. The waiver by LMR Coaching of any provision of this Agreement shall not be construed as a waiver of any succeeding breach or default of the same or any other provision.
- Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of this Agreement govern, any prior agreements with respect to the subject matter hereof.