BY VISITING www.michellecolt.com and / or Purchasing from Michelle Colt and/or Inside Game, LLC
YOU ARE CONSENTING TO THESE TERMS & CONDITIONS.
Visitors and any users of the site are referred to as “user”, “client”, “you” and “your” and Company is referred to as “we”, “us”, and “our”.
Information provided on the Site and related to the service of Coaching, as well as any products, services, workshops or intellectual property we present or offer, in addition to the blog, is subject to change. We make no representation or warranty that the information provided is accurate.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you provide will always be accurate, correct and up to date. You should only provide your own personal information and not anyone else's.
You may use this site for legal and lawful purposes only. Please do not post anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.
The Site and Service contain intellectual property owned by Inside Game, LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, products, and the selection and arrangement thereof. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of the Company.
The content included in any purchase made on the Website remains the intellectual property of Inside Game, LLC, which reserves the exclusive right to its use. Content included in purchases may appear in other products, courses or programs offered by Inside Game, LLC previously purchased by the Client. The Client hereby acknowledges that inclusion of any previously-purchased content does not entitle the Client to a refund or rebate.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, PRODUCTS, OR SERVICES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
We may use links to third party websites and resources on this website or in communication with you. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Just because we have a link does not mean we've been paid or endorsed by any company to include them on this site or in communication with you. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. Should you click on any affiliate link, you acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
All sales are final and non refundable.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of CA., exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Burbank or Los Angeles, CA and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
The website/blog/workshops/email series as well as coaching and/or all communication with you is an educational and informational resource. It is not a substitute for working with a licensed professional. We can't guarantee the outcome of following the recommendations provided and everything stated here is just opinion. We make no guarantees about the information and recommendations provided to you. By continuing to use/read/participate in the website/blog/workshops/email series as well as coaching and/or all information relayed to you, you acknowledge that we can't guarantee any particular results, as such outcomes are based on certain factors that are out of our control. Please follow any recommendations at your own risk. If you need psychiatric or medical advice, you should hire a licensed medical professional to help you with that.
By participating in coaching and/or workshops over the phone/web, and/or in-person, you acknowledge that Michelle Colt is unable to replace a trained and Licensed Medical Professional. Therefore, the advice we provide is not intended nor implied to be a substitute for in-person professional advice or treatment. The information provided should not be considered a substitute for in-person evaluation by a medical professional to address your individual needs.
By participating in/reading these coaching services/website/blog/workshops/email series and any and all intellectual property or communication, you acknowledge that we are not a licensed medical professional or health care professional and these services do not replace the care of psychologists or other healthcare professionals. Coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or medical advice. We will at all times exercise our best professional efforts, skills and care. However, we cannot guarantee the outcome of coaching efforts and/or recommendations on this website/blog/workshops/email series and any comments about the outcome are expressions of opinion only. We cannot make any guarantees other than to deliver the coaching services/workshops/meditation and any other intellectual property purchased as described.
AFFILIATE LINK DISCLAIMER
We reserve the right to share links or recommendations on products and/or services from affiliates. We may receive a commission if you make a purchase from the affiliate. Paid or not, we only include affiliate links and make recommendations for products and services that Michelle Colt knows and trusts herself.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
THESE TERMS AND CONDITIONS ARE BINDING AND NON-TRANSFERRABLE.
These Terms and Conditions are an agreement between you and Michelle Colt/Inside Game, LLC. and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The section titles of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By using the website, services, or purchasing products, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to add new conditions on use of the Site, services or products from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
Last Updated: November 2022
TERMS OF PURCHASE
INSIDE GAME, LLC
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by MICHELLE COLT (“Coach”), acting on behalf of INSIDE GAME, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the course, sessions, workshops, or meditations purchased
(b) The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s Website www.michellecolt.com as part of the Program.
(c) Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
(d) Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.
(e) The content included in Programs or Services is for your individual, non-commercial use. Client agrees not to share products, services, workshops, Program materials and/or any and all intellectual property with any third parties.
(f) Coach reserves the right to remove Client from Programs and/or Coaching at any time for any reason.
METHODOLOGY. Client agrees to be open minded to Coach’s methods and partake in services as proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program(s). Coach may revise methods or parts of the Program(s) based on the needs of the Client.
DISCLAIMERS. By participating in the Program, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Program is in no way to be construed or substituted as psychological counseling or any other type of therapy or professional advice.
The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
The Coach may provide Client with third-party recommendations for such services as wellness, marketing, photography, business, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials, earnings, or examples shown through Coach’s website are only examples of what may be possible for each Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs, courses, and/or services. Client acknowledges that Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Coach’s website, programs, products or services.
PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount.
(b) Coach does not offer refunds.
(c) Client agrees to pay fees to the Coach according to the payment cost set forth on Coach's website, or otherwise provided to Client.
(d) Credit or Debit Card Authorization (if applicable). Each Party hereto acknowledges that Coach will charge the credit card chosen by the Client.
(e) In the event Client fails to make successful payment for products or services rendered, Coach has the right to immediately disallow participation and/or access to modules, materials, and/or coaching calls. If Client has not paid within fourteen (14) days, Coach has the right to terminate any agreement.
INTELLECTUAL PROPERTY RIGHTS. Coach maintains all of the copyright, other intellectual property rights and any other data or material used. Client receives one license for personal use of any content provided by the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately terminate Client from any Program, Workshops, or Coaching Sessions without refund, if you are caught violating this intellectual property policy.
RECORDING AND REDISTRIBUTION OF CALLS. Client acknowledges that group coaching sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Coach.
RELEASE. Company may take photographs, videos, or audio recording during the Program that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Program, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in workshops, programs, or sessions. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer's participation in workshops, programs, or sessions. Client waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.
NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
LIMITATION OF LIABILITY. By using INSIDE GAME, LLC services and/or products, Client accepts any and all risks, foreseeable or non-foreseeable, arising from any such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of any information provided by Coach. Client agrees that use of Coach’s services and/or products is at Client’s own risk.
DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in BURBANK or LOS ANGELES, CA or via telephone or live video. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of CALIFORNIA within THE UNITED STATES OF AMERICA, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Last Updated: November 2022