Zoe Foxley Coaching Website Terms & Conditions
Please read these Zoe Foxley Coaching Website Terms & Conditions (these “Terms & Conditions”) carefully and in their entirety before using zoefoxleycoaching.com or any of its associated pages, tabs, landing pages, forms, or sub-pages (hereinafter, collectively referred to as the “Site”) or any Content (defined below) available via the Site. The Site and Content are owned by Foxley Coaching LLC (“Foxley Coaching”, “we”, “us”, or “our”). These Terms & Conditions are agreed to between you (e.g., the individual user, customer, or viewer of the Site) (“you” or “your”) and Foxley Coaching.
PURPOSE: These Terms & Conditions are here to clearly explain, outline, and lay out the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered by us on the Site.
IMPORTANT NOTES:
· By accessing or using the Site or any Content in any capacity, you agree to enter into and be bound by these Terms & Conditions. You agree that you have read and understood, and consent to, these Terms & Conditions. If you have any questions, please contact us at zoe@foxleycoaching.com. Notwithstanding the foregoing or anything to the contrary herein, if you and Foxley Coaching have otherwise agreed to a separate written agreement governing Foxley Coaching’s provision of coaching services (the “Coaching Agreement”), such Coaching Agreement will apply to the applicable services provided under that Coaching Agreement (in addition to the terms of these Terms & Conditions, if applicable), but will not apply to any other Services, Products, or Content you may access through the Site.
· You must be at least 18 years old and be able to consent to these Terms & Conditions in order to use or access the Site or any Content. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or any Content. By using or accessing the Site or any Content, you acknowledge and agree that you are bound by the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions in their entirety.
· These Terms & Conditions contain an Agreement to Arbitrate and require you to dispute or resolve any claim with us through binding and final Arbitration, with limited exceptions. Accordingly, by agreeing to these Terms & Conditions, you agree to the Agreement to Arbitrate in Section 16 and voluntarily waive your right to a jury trial.
You hereby agree to the following:
1. Definitions: All capitalized terms used in these Terms & Conditions and defined in this Section or elsewhere in the context in which they are used, will have the meanings given to them herein. All other terms used in these Terms & Conditions will have their plain English (U.S.) meaning.
1.1 “Content” means any and all information, data, reports, materials, video, audio, photographs, illustrations, graphics, and other content or media contained on, provided through, or otherwise available via the Site or via any emails sent by or on behalf of Foxley Coaching (including any and all written or downloadable material purchased, viewed, or otherwise offered by Foxley Coaching and/or via the Site, including blog posts, graphics, newsletters, email lists, designs, documents, Courses, social media posts, guides, eBooks, forms, worksheets, workbooks, and templates).
1.2 “Courses” means any courses or webinars available on or via the Site.
1.3 “Disclaimer” means the Disclaimer available at https://www.zoefoxleycoaching.com/disclaimer, as may be updated from time to time.
1.4 “Download” means the process of transferring Content that was made available via the Site or Foxley Coaching to another location, such as your mobile device or computer.
1.5 “Intellectual Property Rights” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.
1.6 “Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, Personal Information includes, among other things, your name, address, email address, and telephone number.
1.7 “Products” means any Content that Foxley Coaching makes available for Purchase or Download through the Site.
1.8 “Privacy Policy” means the Privacy Policy available at https://www.zoefoxleycoaching.com/privacy-policy, as may be updated from time to time.
1.9 “Purchase” means your purchase of any Products or Services via the Site.
1.10 “Services” means the features and functionality offered on and available through the Site. For clarity, the Services expressly exclude any services under or in connection with any Coaching Agreement.
2. Consent; Eligibility: By accessing or using the Site (including by making any Purchase or Download via the Site) or any Content, you agree to act in accordance with, and abide by, these Terms & Conditions and the Disclaimer. The Site and Content are intended for use by individuals 18 years of age and older. By accessing or using the Site or any Content (including by making any Purchase or Download), you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site or any Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions.
3. Site Rules: By accessing or using the Site and/or any Content (including making any Purchase), you hereby agree & consent not to:
Abuse or harass any person through or on the Site.
Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, or any content that infringes our Intellectual Property Rights or those of another person, website, or company.
Use the Site in any way or for any purpose which violates any applicable law.
Post or transmit any “spam” or unwanted, unsolicited content.
Post copyrighted materials, photographs, or content which do not belong to you.
Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
Copy, download, share, post, or transmit our intellectual property in any way that infringes on our Intellectual Property Rights.
4. Changes To These Terms & Conditions: We reserve the right to change, amend, or otherwise alter the Site, Content, Products, and Services, as well as these Terms & Conditions, at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. Any such changes will be effective upon posting to the Site. You may cease using or accessing the Site, Content, Products, or Services, or terminate these Terms & Conditions at any time if you do not agree to any modification. However, you will be deemed to have agreed to any and all modifications through your continued use of or access to the Site, Content, Products, or Services following such notice. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
5. Links to Third-Party or External Websites: The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your Personal Information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.
6. Intellectual Property and Ownership:
6.1 Technology: The Site, Content, Products, Services (including any Purchases or Downloads), and the databases, software, hardware, and other technology used by or on behalf of Foxley Coaching to operate or provide the Site, Content, Products, or Services, and the structure, organization, and underlying data, information, and software code thereof (collectively, the “Technology”), are the intellectual property of Foxley Coaching and may constitute valuable trade secrets of Foxley Coaching. You will not, and will not permit any third party to: (a) access or attempt to access the Technology except as expressly provided in these Terms & Conditions; (b) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (c) use automated scripts to collect information from or otherwise interact with the Technology; (d) alter, modify, reproduce, or create derivative works of the Technology; (e) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology or otherwise make the Technology available to any third party; (f) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (g) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (h) monitor the availability, performance, or functionality of the Technology; or (i) interfere with the operation or hosting of the Technology. Foxley Coaching uses reasonable means to protect the security of the Site, but you acknowledge that perfect security on the Internet is impossible and that, as a result, Your Content may be exposed in the event of a breach. Any violations hereof may be legally pursued to the fullest extent permitted by law.
6.2 Ownership: Foxley Coaching retains all rights, title, and interest, including all Intellectual Property Rights, in and to the Technology and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology and you are not granted any right or license to use the Technology itself, apart from your ability to access and use the Site and Content under these Terms & Conditions. The Foxley Coaching name, logo, and all product and service names associated with the Site or Content are trademarks of Foxley Coaching and its licensors and providers and you are granted no right or license to use them.
7. Our Limited License to You:
7.1 To Content: As between Foxley Coaching and you, all Content is owned by Foxley Coaching. All Content is for your informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content prior to making use of that Content. Subject to your compliance with these Terms & Conditions, you may use the Content provided to you through the Site solely for your personal, non-commercial purposes in connection with your permitted use of the Site in accordance with these Terms & Conditions. You agree that you will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any Content; or (c) alter, obscure, or remove any copyright, trademark, or any other notices that are provided on or in connection with any Content. Foxley Coaching has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Content. Without limiting the foregoing, Foxley Coaching will not be held liable to you or any third party for any Content (including Your Content) under the Communications Decency Act (47 U.S.C. § 230). Except as set forth in these Terms & Conditions, you are granted no licenses or rights in or to any Content, or any Intellectual Property Rights therein or related thereto.
7.2 To Third-Party Services: Foxley Coaching may provide you with the ability to access services developed, provided, or maintained by third-party service providers through the Site (“Third-Party Services”). Third-Party Services may integrate with, pull Content from, or add Content to the Site, including Your Content. In addition to the terms of these Terms & Conditions, your access to and use of any Third-Party Services is also subject to any other agreement you may agree to before being given access to the Third-Party Services (each, a “Third-Party Service Agreement”). The terms of any Third-Party Service Agreement will apply to the applicable Third-Party Services provided under that Third-Party Service Agreement in addition to the terms of these Terms & Conditions but will not apply to any other services or Content you may access through the Site.
7.3 Your Acknowledgments: You agree and understand that the Site, Courses, other Content, Services, and/or Products have been written, created, drafted, invented, or developed by or for us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, other Content, Services, and Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, other Content, Services, and Products very seriously. You may not use the Site, Courses, other Content, Services, or Products in any manner that is unauthorized, improper, against these Terms & Conditions, or which violate any applicable laws (including any Intellectual Property Rights laws).
8. Your License to Us:
8.1 Your Content: Except as expressly provided by these Terms & Conditions, you are solely responsible for the nature of all information, data, reports, materials, video, audio, photographs, illustrations, graphics, and other content or media that you provide, upload, or transfer to or through the Site or Foxley Coaching or otherwise generate through your use of the Site (“Your Content”). By providing Your Content, you grant Foxley Coaching a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any form, media, software, or technology of any kind. You agree that Your Content: (a) does not violate these Terms & Conditions or any applicable laws; (b) is not libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (c) does not constitute an infringement or misappropriation of the Intellectual Property Rights or other rights of any third party; (d) is not an advertisement or solicitation of funds, goods, or services; (e) is not false, misleading, or inaccurate; or (f) could not be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message, or a disruptive advertisement. Foxley Coaching is not responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store or back-up any of Your Content. You agree that you have all right, title, interest, and consent in Your Content necessary to allow Foxley Coaching to use Your Content for the purposes for which you provide Your Content to Foxley Coaching.
8.2 Comments: Without limiting the generality of the foregoing, by commenting on the Site, or submitting documents, statements, or other feedback to Foxley Coaching or the Site (e.g., via contact form, email, or social media) (collectively, “Comments”), you represent and warrant that you are the lawful owner of said Comments and the information they contain. You hereby grant us a license to use your Comments (except for your confidential information provided to us under your Coaching Agreement) in any way we see fit, as it relates to our business purposes.
9. Purchase & Access Terms: During the course of your use, Purchase, and/or Download from the Site, Courses, other Content, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including protecting your password (if any) to the Site to access any of your Purchases or Downloads. Any violations of these Terms & Conditions may be legally pursued to the fullest extent permitted by law.
10. Sharing the Site & Its Content: You must request and receive written permission by email from zoe@foxleycoaching.com before sharing our Site or any Content for commercial purposes. You may share the Site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Foxley Coaching.
11. No Claims Made Regarding Results: Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her/their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
12. Representations and Warranties: You represent and warrant to Foxley Coaching that: (1) you have the legal right and authority to enter into these Terms & Conditions; (2) these Terms & Conditions form a binding legal obligation on your behalf; (3) you have the legal right and authority to perform your obligations under these Terms & Conditions and to grant the rights and licenses described in these Terms & Conditions; and (4) your use of and access to the Site, Content, Products, Services (including Purchases and Downloads), and Your Content, will comply with all applicable laws, rules, and regulations and will not cause Foxley Coaching itself to violate any applicable laws, rules, or regulations.
13. DISCLAIMERS - No Warranties, Guarantees, or Representations Are Being Made:
13.1 We do not offer any warranties, of any variety, regarding the Site, Content, Courses, Services, and/or Products (including any Purchase or Download), in any way. The Site, Content (including Courses), Services, and Products (including any Purchases or Downloads) are offered and provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, neither express nor implied, to the fullest extent permitted by law. FOXLEY COACHING AND ITS PROVIDERS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF THE SITE OR ANY CONTENT, PRODUCTS, OR SERVICES (INCLUDING ANY PURCHASES OR DOWNLOADS) AND DO NOT ENDORSE THE VIEWS OR OPINIONS THAT MAY BE EXPRESSED OR PROVIDED THROUGH ANY OF THE FOREGOING. FOXLEY COACHING AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE TECHNOLOGY (INCLUDING THE SITE, CONTENT, PRODUCTS, SERVICES, PURCHASES, AND DOWNLOADS), AND THESE TERMS & CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT, OR ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FOXLEY COACHING, ITS EMPLOYEES, PROVIDERS, OR AGENTS, OR THE SITE OR OTHER TECHNOLOGY, WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION (IF ANY).
13.2 FOXLEY COACHING IS NOT A MEDICAL PROFESSIONAL AND FOXLEY COACHING DOES NOT PROVIDE MEDICAL SERVICES OR HEALTHCARE SERVICES OR RENDER MEDICAL ADVICE. NONE OF THE SITE, CONTENT, PRODUCTS, OR SERVICES (INCLUDING PURCHASES AND DOWNLOADS) (A) SHOULD BE CONSTRUED AS MEDICAL SERVICES, HEALTHCARE SERVICES, MEDICAL ADVICE, OR DIAGNOSIS, OR (B) ARE A SUBSTITUTE FOR A PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT, AND NONE OF THE INFORMATION PROVIDED THROUGH ANY OF THE FOREGOING SHOULD BE RELIED UPON WHEN MAKING MEDICAL DECISIONS OR TO DIAGNOSE OR TREAT A HEALTH CONDITION OR ILLNESS.
13.3 By using the Site, you understand that we are a certified Integral coach, focusing on life coaching. We are not a nutritionist, therapist, or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician, therapist, or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only, and is based on our personal experience.
13.4 Your Release of Us: By using the Site or Purchasing, Downloading, or otherwise using or accessing the Courses, other Content, Services, or Products, you hereby release, forgive, and forever discharge Foxley Coaching and its subsidiaries, affiliates, officers, directors, managers, members, employees, agents, contractors, subcontractors, assigns, successors in interest, and licensees from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, suit, action, cause of action, charge, demand, right, obligation, liability, damage, judgment, and cost of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, the Site, Content, Products, or Services (including any Purchase or Download), whether known or unknown, both legal and equitable in any manner. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”. YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THESE TERMS & CONDITIONS, AND THAT WITHOUT SUCH WAIVER, THESE TERMS & CONDITIONS WOULD NOT HAVE BEEN ENTERED INTO BY FOXLEY COACHING.
14. Errors & Omissions: Reasonable efforts are made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Foxley Coaching does not and cannot warrant, represent, or guarantee that any such information or other Content is free from errors, accurate, or up-to-date at all times. You should do your due diligence and research, or consult with a professional, to ensure that all information you receive, act upon, or rely on from this Site or any Content, Products, Services, Purchases, or Downloads is accurate and up-to-date.
15. Our Refund Policy: We will do everything within our ability (within reason) designed to ensure your satisfaction. Refunds will not be issued for Services already rendered or Products already purchased. Notwithstanding the foregoing, Foxley Coaching may (but is not obligated to) issue refunds at its sole discretion, on a case-by-case basis. If you have any questions or concerns, or if there is anything we can do to make your experience more pleasant, please email Zoe at zoe@foxleycoaching.com.
16. Disputes:
16.1 Agreement to Arbitrate:
(a) If you have any complaint or should any issue arise in the use of the Site or Foxley Coaching’s Courses, or the other Content, Services, and/or Products (including any Purchase or Download), please contact us directly first by emailing Zoe at zoe@foxleycoaching.com.
(b) Except as otherwise provided in Section 16.2, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to these Terms & Conditions, including the formation, validity, binding effect, interpretation, performance, breach, or termination of these Terms & Conditions and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to these Terms & Conditions (each, a “Dispute”) through discussion between the parties. Except as otherwise provided in Section 16.2, if any Dispute cannot be resolved through negotiations between the parties within 60 days of notice from one party to the other of the Dispute, either party may submit such Dispute for final settlement through binding arbitration under the rules of the American Arbitration Association (“AAA”) then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator, selected as provided in the Rules. The arbitration will be conducted in the English language at a site specified by Foxley Coaching in, or within 25 miles of, Los Angeles, California, U.S.A. The arbitrator will apply the law set forth in Section 16.3 to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that (i) the only award that can be issued to you is a refund of any Fees actually paid to Foxley Coaching for the applicable Product or Services, and you are not permitted to seek any additional damages, including consequential or punitive damages; and (ii) the arbitrator shall have no jurisdiction to amend these Terms & Conditions or grant any relief not permitted herein or beyond the relief permitted herein. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues, or accountings presented or plead to the arbitrator. The award of the arbitrator will require the non-prevailing party to pay the prevailing party’s costs, fees, and expenses (including attorneys’ fees). Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
(c) By agreeing to this Section, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Agreement to Arbitrate. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS.
16.2 Exception to Arbitration: You agree that if Foxley Coaching reasonably believes you have, in any manner, violated or threatened to infringe Foxley Coaching’s Intellectual Property Rights, then Foxley Coaching may seek emergency, preliminary, or other appropriate interim relief in the state or federal courts located in Los Angeles, California.
16.3 Consent to Governing Law: These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of California, as such laws apply to contracts between California residents performed entirely within California, without regard to the conflict of laws provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms & Conditions, and the parties hereby disclaim the application thereof.
16.4 Consent to Jurisdiction: Subject to Sections 16.1, each party will bring any action or proceeding arising from or relating to these Terms & Conditions exclusively in a state or federal court in Los Angeles, California, and you hereby irrevocably consent to the personal jurisdiction and venue of any such court in connection with any matter, action, or proceeding brought in such courts by Foxley Coaching or otherwise arising out of these Terms & Conditions, the Privacy Policy, the Disclaimer, or as a result of your use of, access to, Download, or Purchase from or of the Site, Courses, Services, and/or Products.
16.5 Consent to Service: You hereby irrevocably agree that process may be served on you in any manner authorized by the laws of the State of California for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of California.
17. Payment & Purchases:
17.1 You shall pay Foxley Coaching all fees you have agreed in writing to pay to Foxley Coaching in connection with these Terms & Conditions and your access to or use of the Site, Content (including any Purchase or Download), Products, or Services (“Fees”), either when you enter into these Terms & Conditions or during the term of these Terms & Conditions. All recurring Fees (if any) will be due and payable by you in advance of the initial period and each applicable renewal period under these Terms & Conditions unless other payment terms have been extended by Foxley Coaching. All other Fees will be due and payable as indicated by Foxley Coaching.
17.2 Except as otherwise expressly provided in these Terms & Conditions, all Fees will be non-refundable once paid to Foxley Coaching (including upon any termination, expiration, or suspension of these Terms & Conditions). Until paid in full, all past due amounts will bear an additional charge of the lesser of 1½% per month or the maximum amount permitted under applicable law. If Foxley Coaching requires use of collection agencies, attorneys, or courts of law for collection of your account, you will be responsible for those expenses. You will be responsible for any and all use, sales, and other taxes imposed on any Products, Services, or Content (including any Purchases or Download) provided under these Terms & Conditions.
17.3 When you Purchase or Download one of our Courses, Services, or Products from us or the Site, you may pay by one of the payment methods offered by Foxley Coaching. If you have specified a credit card, debit card, online payment account, mobile services account, or other payment method (as applicable “Your Payment Method”) as an applicable payment mechanism under these Terms & Conditions (including in connection with any such Purchase or Download), you grant Foxley Coaching and/or any third-party payment processor it may use the right to charge the applicable payment mechanism you provided to Foxley Coaching for all Fees incurred under these Terms & Conditions.
17.4 Without limiting the generality of the foregoing, if you elect the installment or “pay over time” option at checkout, you agree that Foxley Coaching has permission to automatically charge Your Payment Method, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.
17.5 If Your Payment Method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event Your Payment Method is declined at any time, you are still responsible for the full cost of your Purchase.
17.6 We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, or Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once full payment is received, we will make the appropriate reports to the credit agencies.
17.7 Payment processing companies have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances. You hereby release us from any and all damages related to your payment, Your Payment Method, or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase, Download, or use of or access to the Site, Content, Products, or Services.
18. Limitation of Liability: FOXLEY COACHING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF OR ACCESS TO THE TECHNOLOGY (INCLUDING THE SITE), CONTENT, PRODUCTS, OR SERVICES (INCLUDING ANY PURCHASE OR DOWNLOAD), EVEN IF FOXLEY COACHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF YOUR CONTENT, OPPORTUNITY, REVENUES, OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. FOXLEY COACHING’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS & CONDITIONS AND FOXLEY COACHING’S PROVISION OF THE TECHNOLOGY (INCLUDING THE SITE) AND ALL CONTENT, PRODUCTS, AND SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO FOXLEY COACHING FOR USE OF OR ACCESS TO THE APPLICABLE PRODUCT OR SERVICE. YOU AGREE THAT FOXLEY COACHING WOULD NOT ENTER INTO THESE TERMS & CONDITIONS WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, FOXLEY COACHING’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
19. Defense & Indemnification: You shall, at all times, indemnify, defend, and hold harmless Foxley Coaching, Zoe Foxley, and all of their respective shareholders, officers, members, managers, affiliates, contractors, subcontractors, directors, assignees, successors in interest, employees, users, customers, providers, and licensees (“Indemnified Parties”) from and against all claims, losses, liabilities, damages, injuries, delays, deaths, lost profits, fees, costs, and expenses (including attorneys’ fees, court costs, damage awards, and settlement amounts) arising in any manner from: (1) your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions; (2) your access to or use of the Site or any Content, Products, or Services (including any Purchases or Downloads); or (3) Your Content. Foxley Coaching will provide you with notice of any such claim or allegation, and Foxley Coaching will have the right to participate in the defense of any such claim at its expense.
20. Termination of Your Use: At our sole discretion, we are permitted to terminate your use of or access to the Site, Courses, other Content, Services, and/or Products (including Purchases/Downloads) if you abuse, violate, or breach any of these Terms & Conditions, the Privacy Policy, the Disclaimer, or any other terms to which you have agreed.
21. Termination: These Terms & Conditions may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms & Conditions. Upon termination of these Terms & Conditions for any reason: (1) all rights and subscriptions (if any) granted to you under these Terms & Conditions will terminate; (2) you will immediately cease all use of and access to the Site and all Content, Products, and Services (unless otherwise expressly agreed to by Foxley Coaching), including Your Content and any Content you obtained prior to termination; and (3) Foxley Coaching may, in its sole discretion, delete Your Content at any time. Your Content may continue to exist on the Site after termination of these Terms & Conditions unless you contact Foxley Coaching and request that it be deleted. Sections 1 (Definitions), 6 (Intellectual Property and Ownership), 8 (Your License to Us), 9 (Purchase & Access Terms), 10 (Sharing the Site & Its Content), 11 (No Claims Made Regarding Results), 12 (Representations and Warranties), 13 (DISCLAIMERS - No Warranties, Guarantees, or Representations Are Being Made), 16 (Disputes), 17 (Payment & Purchases), 18 (Limitation on Liability), 19 (Defense & Indemnification), 21 (Termination), 23 (Entire Agreement), 24 (Severability), 26 (Notices), and 27 (Additional Terms) will survive any expiration or termination of these Terms & Conditions.
22. Suspension: Without limiting Foxley Coaching’s right to terminate these Terms & Conditions, Foxley Coaching may also suspend your access to the Site (including Your Content) and Content with or without notice to you, upon any actual, threatened, or suspected breach of these Terms & Conditions or applicable law or upon any other conduct deemed by Foxley Coaching to be inappropriate or detrimental to Foxley Coaching, the Site, Content, Products, Services, or any other Foxley Coaching product, customer, or user.
23. Entire Agreement: These Terms & Conditions (including the Disclaimer), constitute the entire agreement between you and us with respect to the Site, Content (including Courses), Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products (except any Coaching Agreement between the parties which shall remain (a) in effect in accordance with its terms, and (b) separate from these Terms & Conditions).
24. Severability: The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
25. Your Privacy & Security on the Site: Please read our Privacy Policy for how we handle your Personal Information.
26. Notices: Unless otherwise specified in these Terms & Conditions, any notices required or allowed under these Terms & Conditions will be provided to Foxley Coaching by postal mail to the address for Foxley Coaching listed on the Site. Foxley Coaching may provide you with any notices required or allowed under these Terms & Conditions by sending you an e-mail to any e-mail address you provide to Foxley Coaching in connection with your use of or access to the Site or Content (including any Purchase or Download), provided that in the case of any notice applicable both to you and other users of the Site, Foxley Coaching may instead provide such notice by posting on the Site. Notices provided to Foxley Coaching will be deemed given when actually received by Foxley Coaching. Notice provided to you will be deemed given 24 hours after posting to the Site or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
27. Additional Terms: Except as expressly set forth in these Terms & Conditions, these Terms & Conditions may be amended or modified only by a writing signed by both parties. All waivers by Foxley Coaching under these Terms & Conditions must be in writing or later acknowledged by Foxley Coaching in writing. Any waiver or failure by Foxley Coaching to enforce any provision of these Terms & Conditions on one occasion will not be deemed a waiver by Foxley Coaching of any other provision or of such provision on any other occasion. You may not assign or transfer either these Terms & Conditions or any of your rights or obligations hereunder (in whole or in part and including by sale, merger, consolidation, or other operation of law) without Foxley Coaching’s prior written approval. Any assignment in violation of the foregoing will be null and void. Foxley Coaching may assign these Terms & Conditions to any party that assumes Foxley Coaching’s obligations hereunder. The words “include”, “includes”, and “including” means “include”, “includes”, or “including”, in each case, “without limitation”. The word “or” is not exclusive. The parties hereto are independent contractors, not agents, employees, or employers of the other or joint venturers, and neither party acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.
28. Contact: If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:
Foxley Coaching LLC
Website: zoefoxleycoaching.com
Mailing Address: 11907 Pacific Ave., Los Angeles, CA 90066
Email: zoe@foxleycoaching.com
Updated on June 20, 2025