ROBIN BACK ANXIETY COACH TERMS OF PURCHASE
Last updated: June 8, 2024
You (hereinafter: the “Client”) understand that by clicking the payment button, entering your credit card and/or debit card information, making a cash, Stripe payment, or otherwise enrolling, electronically, verbally, or otherwise, that you agree to be provided with products, programs, and/or services provided by Robin Back d/b/a Robin Back Anxiety Coach, a Company in the Province of Ontario (hereinafter: the “Coach”), and hereby understand that you are entering into a legally binding Agreement with the Coach and are subject to the following terms and conditions:
This Terms of Purchase is to be read in combination with this Website’s Terms and Conditions, Privacy Policy, Disclaimers and Service Agreement (as applicable).
1.1 The intended purpose of this Agreement is to inform the Client of the Terms of their Purchase and any information regarding the Products and/or other Digital Products sold on or in connection with www.robinback.co (hereinafter: the “Website”).
2.1 The Client is responsible for their own learning and understanding of the material provided by the Coach and they must be committed to implementing the suggestions, exercises, and recommendations provided by Products and/or other Digital Products. The Client further agrees to be open and willing to take such information that may feel very different from what they have historically known and understood in relation to their anxiety.
2.2 The Client understands that education relating to anxiety is heavy in nature and they must be committed to their own individual healing process. The related materials will guide the Client, but the Client remains responsible for doing their own personal work.
3.1 Due to the nature of the Products and/or other Digital Products and the education provided, the Client must be over the age of eighteen [18] to enroll. By clicking the payment button on the Website, the Client agrees that they are over the age of eighteen [18] and able to participate in the Products and/or other Digital Products.
4.1 The Client understands that unless otherwise specified on the order, payment of the purchase price shall be due on the date of purchase. All fees associated with each Product and/or other Digital Product will be outlined at the checkout page. All prices are in USD and subject to change. The Client shall be liable for all of the payments regardless of whether the Client continues to use the Products and/or other Digital Products or not.
4.2 The Client agrees that the charges on their credit card in compliance with section 4.1 is irrevocable, undisputable and may not under any circumstance be charged back, contested or challenged now or in the future. The Client understands that doing so would be a material breach of this Agreement in which the Coach would be entitled to legal fees, costs and fees associated with addressing a chargeback in addition to the amount challenged. The Client further agrees that signing of this Agreement is proof of purchase and all that is necessary to establish to the credit card company or banking institution to deny a chargeback to the Client.
5.1 The Client understands that subject to the Refund Policy herein, ALL SALES of the Products and/or other Digital Products are FINAL and are NOT ELIGIBLE FOR ANY REFUND under any circumstance, be it known or unknown, now or in the future. The Client further agrees and understands that changing their mind about the Products and/or other Digital Products, failing to follow through or understand the details of the Products and/or other Digital Products, not experiencing the results as expected or desired, or experiencing any other similar situations will not, under any circumstance, warrant a refund.
5.2 The Client understands that they bear the full responsibility to make an informed decision prior to committing to the financial obligations outlined in Section 4: Terms of Payment. The Client further agrees that they have entered into this Agreement with full capacity and clarity of mind and emotion, and are fully capable of making the financial commitment as listed herein. The Client understands that the Coach is not aware of the Client’s financial situation and will not participate in or tolerate any manipulation by the Client to alter payment of the fees owing under Section 4: Terms of Payment or herein.
6.1 Any Products and/or other Digital Products produced by the Coach will remain the intellectual property of the Coach and may not be used in any other form without prior written consent. The Client is provided with a non-exclusive, non-transferable single-user license authorizing the Client to use the materials for their individual purposes only. Nothing in this Agreement shall constitute a transfer of ownership of any intellectual property from the Coach to the Client.
6.2 The Client agrees and understands they are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by the Coach or obtained through working with the Coach, without the Coach’s express written consent. If such behavior is discovered or suspected, the Coach reserves the right to immediately end your access to any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
6.3 The Coach acknowledges that the material used within the Products and/or other Digital Products including thought-processes, studies and findings, theories, and modalities have all been appropriately sourced and credited throughout the materials.
7.1 The Client hereby grants full permission to the Coach to utilize any Product and/or Digital Product testimonials provided by the Client for the purpose of social media, website, advertising, online courses, archiving, and without limitation, commercial use (the “Media”).
7.2 The Client hereby releases the Coach from all claims in which the Client may have now or in the future for compensation of any kind arising out of the Client’s participation in said Media and acknowledges all such Media to be the exclusive property of the Coach. The Client shall not under any circumstances use the Media for any other purpose than for the benefit of the Coach.
8.1 All Products and/or other Digital Products sold on or in connection with this Website and/or checkout page are solely meant to provide educational information. The Coach does not guarantee any specific results, outcomes or changes to the Client’s current situation and the Client will hold the Coach harmless if the Client does not experience desired results.
8.2 The Client understands that all services provided by the Coach in connection with the products being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. The Client is choosing to purchase this product on a purely voluntary basis and does not hold the Coach responsible should the Client become dissatisfied with any portion of the Product.
8.3 The Client understands that the Products and/or other Digital Products are not therapy, and/or counseling, and therefore does not substitute therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. The Client understands and accepts that while the Coach is a registered social worker in the Province of Ontario, they are not acting within their professional capacity or providing professional advice when communicating with the Client through coaching or otherwise, and is not to be considered to be the personal therapist of the Client at any time during the Client’s participation, or access to the Course. The Coach encourages the Client to obtain professional medical advice prior to engaging with the Coach and the Products and/or other Digital Products. Further, the Client understands that the Coach is not a psychiatrist, psychologist, or medical doctor. Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any such professional. The Client confirms and agrees that they will not use the Products and/or other Digital Products as a substitute for counseling, psychotherapy, mental health care or substance abuse treatment.
8.4 The Client accepts that if they are currently under the care of a mental health professional, it is recommended that the Client promptly inform the medical health care provider details of the nature and extent of the Products and/or other Digital. The Client agrees and understands that the Products and/or other Digital Products are not designed for individuals with severe or longstanding psychiatric disorders, suicidal ideation or suicidal attempts, or substance abuse, unless explicit approval has been provided by the Client’s medical team.
9.1 The Client understands and agrees that through its purchase of the Products and/or other Digital Products the Client hereby releases the Coach, and by extension its owner, from any and all claims whether known now or discovered in the future. The Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Products and/or other Digital Products, or in connection with the Products and/or other Digital Products. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages as a result of their participation in the Products and/or other Digital Products.
9.2 The Client shall defend, indemnify, and hold harmless the Company and the Coach, from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, legal fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Products and/or Digital Products, excluding, however, any such expenses and liability which may result from a breach of this Agreement or sole negligence or willful misconduct by the Coach. In consideration of and as part of the Client’s payment for the right to use the Products and/or Digital Products, the undersigned, heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Coach and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, assigns and staff or students from all actions, causes of actions, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from the Client’s use of the Products and/or other Digital Products.
10.1 The Client understands that by purchasing the Products and/or other Digital Products, they may experience overwhelming and/or new feelings related to their mental health, and more specifically their anxiety. The Products and/or other Digital Products are focused on regulating the nervous system and educating the Client on anxiety management practices which may affect the Client’s overall health. The Client understands that their use of the Products and/or other Digital Products are entirely voluntary and they agree that while they have anxiety, they have the mental capacity to use the Products and/or other Digital Products.
11.1 The Client recognizes and understands that the Products and/or other Digital Products may recommend a series of activities, inclusive of, but not exhaustive of, self-reflection and anxiety management techniques. The Client fully understands the risks involved with their use of the Products and/or other Digital Products and fully assumes all such risks involved.
11.2 Physical and Mental Ability: The Client represents and warrants that they are in good physical and mental condition and have no medical condition outside of anxiety that would prevent and/or limit their full use of the Products and/or other Digital Products. The Client understands that it is their responsibility to consult with a physician prior to, and in regards to, their use of the Products and/or other Digital Products if they are unable to openly work through their feelings of anxiety, or other relevant risks that may personally affect them. The Client, hereby certifies that they have not been advised against use of the Products and/or other Digital Products by a qualified health professional.
11.3 Assumption of Risk: In consideration of being permitted to use the Products and/or other Digital Products, the Client agrees to assume full responsibility for any risks, injuries and/or damages, physical or mental, known or unknown, now or in the future, which they might incur as a result of use of the Products and/or other Digital Products. The Client knowingly and freely assumes all such risks, both known and unknown, even if arising from the negligence of the Coach, and the Client assumes full responsibility for their participation, inclusive of the discussing mental health management practices.
11.4 Waiver of Rights: The Client further understands they are waiving certain legal rights and agree to be forever prevented from suing or otherwise claiming against the Coach and its providers for any personal injury that they may sustain during their use of the Products and/or other Digital Products.
- INDEMNIFICATION AND RELEASE OF CLAIMS
12.1 The Client releases any right to claims against the Coach to the maximum extent as permissible under applicable law. The Client agrees that under no circumstances will the Coach be liable to any party for any type of injury or damages that they may sustain as a result use of the Products and/or other Digital Products or in connection with any instruction from the Coach or related materials, and the Client hereby releases the Coach from any and all claims, whether known or unknown, now or discovered in the future.
- NO NEGATIVE STATEMENTS OR ACTIONS
13.1 The Client shall not at any time directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Coach in any way. The Client acknowledges that the Coach retains the right to terminate access to any product for any violation of this section and may be entitled to injunctive relief.
14.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
15.1 In the event a dispute arises out of this Agreement and cannot be resolved by mutual consent of the Parties, the Client and the Coach agree to attempt to mediate in good faith for up to thirty [30] days after notice is given. If the dispute is not so resolved, and in the event of legal action, the Coach will be entitled to be paid by the Client all costs and expenses incurred, including, but not limited to legal fees.
16.1 This Agreement shall be governed by and under control of the laws of the Province of Ontario regardless of conflict of law principles, and regardless of the location of the Client. The Client understands this and agrees that the laws of the Province of Ontario are to be applicable here.
17.1 This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
18.1 If you have any questions about these Terms, please contact us at: [email protected].