Terms of Service

Date of Last Revision: 20 March 2023

  1. Welcome to Tina Morasco Coaching!

1.1 Introduction:

I Know What’s Mine Inc. d/b/a Tina Morasco Coaching (“Tina Morasco Coaching,” “we”, “us”, “our”) provides the Tina Morasco’s Voiceover Coaching Library and other services (described below) to you through its website located at tinamorascocoaching.com (the ”Site”) and in future may do so through mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms and Conditions of Service (the “Terms of Service”). By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service and acknowledge that any other agreements to which you are a party in respect of the Site are superseded and of no force or effect. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 9 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE.

1.2 Modifications to Terms of Service:

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service from time to time at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised. Since you are bound by any such changes, you should periodically visit this page to review the then-current Terms of Service to which you are bound. Revised Terms of Service will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.

1.3 Privacy:

At Tina Morasco Coaching, we respect our users’ privacy. For details please see the Tina Morasco Coaching Privacy Policy (the “Privacy Policy”) (Privacy Policy). By using the Service, you consent to our collection and use of personal data as outlined therein. Tina Morasco Coaching will not intentionally disclose any personally identifying information about you to third parties, except where Tina Morasco Coaching, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Service. By using the Site, you signify your acceptance of the Privacy Policy (Privacy Policy). If you do not agree with the Privacy Policy (Privacy Policy), in whole or part, please do not use the Site.

When you register with Tina Morasco Coaching and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Tina Morasco Coaching. You consent to receive notices electronically by way of transmitting the notice to you by email.

  1. Access and Use of the Service

2.1 Use Description:

The Tina Morasco Coaching service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Tina Morasco Coaching purchase we grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to access, view, and use the Service Content (as defined below) on a streaming-only basis for personal purposes only. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You agree not to use the service for public performances. Tina Morasco Coaching may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.

2.2 Your Registration Obligations:

You may be required to register with Tina Morasco Coaching in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy (Privacy Policy). If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

2.3 Member Account, Password and Security:

You may never use another’s account, and you may not provide another person with the username and password to access your account. You should maintain control over all of the devices that are used to access the Service. If you fail to maintain control of a device, other users may access the Service through your account and may be able to access certain of your account information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Tina Morasco Coaching of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Tina Morasco Coaching will not be liable for any loss or damage arising from your failure to comply with this Section.

Tina Morasco Coaching will use commercially reasonable efforts to restrict unauthorized access to its data and files. Despite those efforts no system, whether password protected or not, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the Service Content and any data and files you store using the Site. Use of the Site is completely at your own risk.

2.4 Modifications to Service:

Tina Morasco Coaching reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Tina Morasco Coaching will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.

2.5 General Practices Regarding Use and Storage:

You acknowledge that Tina Morasco Coaching may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Tina Morasco Coaching servers on your behalf. You agree that Tina Morasco Coaching has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Tina Morasco Coaching reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Tina Morasco Coaching reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

2.6 Mobile Services:

The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or pre-recorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Tina Morasco Coaching account information to ensure that your messages are not sent to the person that acquires your old number.

2.7 All Sales Final:

Unless otherwise noted during your purchase of the Service, or as required by applicable law in your jurisdiction, no payment made in respect of the Service is refundable.

  1. Conditions of Use

3.1 User Conduct:

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish, or display (hereinafter, “upload”) or email or otherwise use via the Service. Tina Morasco Coaching reserves the right to investigate and take appropriate legal action against anyone who, in Tina Morasco Coaching’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities. You agree to not use the Service to:

  • email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Tina Morasco Coaching is objectionable or restricts or inhibits any other person from using or enjoying the Service, or may expose Tina Morasco Coaching or its users to any harm or liability of any type;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
  • violate any applicable local, state, national, or international law or any regulations having the force of law;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • solicit personal information from anyone under the age of 18;
  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

3.2 Fees:

To the extent the Service or any portion thereof is made available for any fee, you will be required to provide Tina Morasco Coaching information regarding your credit card or other payment instrument. You represent and warrant to Tina Morasco Coaching that such information is true and that you are authorized to use the payment instrument. You agree to pay Tina Morasco Coaching the amount that is due (as well as any applicable taxes) in accordance with these Terms of Service. If you dispute any charge you must let Tina Morasco Coaching know within sixty (60) days after the date that Tina Morasco Coaching charges you. We reserve the right to change Tina Morasco Coaching’s prices.

3.3 Special Notice for International Use; Export Controls:

Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

3.4 Commercial Use:

Unless otherwise expressly authorized herein or by Tina Morasco Coaching in writing, you agree not to copy, display, distribute, license, perform, publish, republish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, post, transmit, transfer, or upload for any public or commercial purposes any portion of the Service, use of the Service, or access to the Service. The Service is solely for your non-commercial, personal, and educational use.

  1. Intellectual Property Rights

4.1 Service Content, Software and Trademarks:

You acknowledge and agree that the Service contains content, text, videos, training materials, data, graphics files, sound files, products, services, features, and/or other materials made available on the Site by us or other third parties and that they, as well as the look and feel of all of the foregoing (“Service Content”), are maintained for your personal use and information by Tina Morasco Coaching and are the copyrighted property of Tina Morasco Coaching and/or its third party providers. You acknowledge and agree that the Service Content includes all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site and is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Tina Morasco Coaching, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Tina Morasco Coaching from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Tina Morasco Coaching, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or sell, assign, sublicense, or otherwise transfer any right in the Software. Modification of the Service Content or use of the Service Content for any other purpose is a violation of the copyright and other proprietary rights of Tina Morasco Coaching, as well as other authors who created the materials, and may be subject to monetary damages and penalties. Any rights not expressly granted herein are reserved by Tina Morasco Coaching.

The Tina Morasco Coaching name and logos are trademarks and service marks of Tina Morasco Coaching (collectively the “Tina Morasco Coaching Trademarks”). Other Tina Morasco Coaching, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Tina Morasco Coaching. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Tina Morasco Coaching Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Tina Morasco Coaching Trademarks will inure to our exclusive benefit.

All trade names, trademarks, and images and biographical information of people used in the Service Content and contained in the Site, including without limitation the name and trademark, are either the property of, or used with permission by, Tina Morasco Coaching. The use of Service Content by you is strictly prohibited unless specifically permitted by these Terms of Service. Any unauthorized use of Service Content may violate the copyright, trademark, and other proprietary rights of Tina Morasco Coaching and/or third parties, as well as the laws of privacy and publicity and other regulations and statutes. Nothing contained in these Terms of Service or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of Tina Morasco Coaching or third-party owner. Tina Morasco Coaching respects the copyright, trademark and all other intellectual property rights of others. Tina Morasco Coaching has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Service Content in any way, you may notify Tina Morasco Coaching at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

While Tina Morasco Coaching uses reasonable efforts to include accurate and up-to-date information in the Site, Tina Morasco Coaching makes no warranties or representations as to its accuracy. Tina Morasco Coaching assumes no liability or responsibility for any errors or omissions in the content of the Site.

4.2 Third Party Material:

Under no circumstances will Tina Morasco Coaching be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Tina Morasco Coaching does not pre-screen content, but that Tina Morasco Coaching and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Tina Morasco Coaching and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Tina Morasco Coaching, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

4.3 User Content Transmitted Through the Service:

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant Tina Morasco Coaching and its affiliated companies and partners (including but not limited to Tina Morasco Coaching instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid-up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify, and otherwise use and fully exploit your User Content in any and all media, form, medium, technology, or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service, including but not limited to, notes, text, drawings, images, designs, or computer programs (“Submissions”), provided by you to Tina Morasco Coaching and its affiliated companies or partners are non-confidential and that Tina Morasco Coaching and its affiliated companies and partners will be entitled to the unrestricted use, publication, and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Tina Morasco Coaching may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Tina Morasco Coaching, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4.4 Copyright Complaints:

Tina Morasco Coaching respects others’ intellectual property. If you believe in good faith that any materials on the Sites infringe upon your copyrights, please send the following information to Tina Morasco Coaching at [email protected]:

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
  • A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.

4.6 Counter-Notice:

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to Tina Morasco Coaching:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; 
  • your name, address, telephone number, and email address;
  • a statement that you consent to the jurisdiction of the federal court located within Orange County, California; and
  • a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, Tina Morasco Coaching will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

4.7 Repeat Infringer Policy:

In accordance with the Digital Millennium Copyright Act (DMCA)and other applicable law, Tina Morasco Coaching has adopted a policy of terminating, in appropriate circumstances and at Tina Morasco Coaching’s sole discretion, users who are deemed to be repeat infringers. Tina Morasco Coaching may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  1. Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Tina Morasco Coaching has no control over such sites and resources and Tina Morasco Coaching is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Tina Morasco Coaching will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Tina Morasco Coaching is not liable for any loss or claim that you may have against any such third party.

  1. Indemnity and Release

To the fullest extent permitted by law, you agree to release, indemnify, and hold Tina Morasco Coaching and its affiliates and each of their officers, employees, directors, and agent harmless from any from any and all liabilities, losses, damages, expenses (including reasonable attorneys’ fees), rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. Tina Morasco Coaching reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Tina Morasco Coaching with such cooperation as is reasonably requested by Tina Morasco Coaching.

  1. Disclaimer of Warranties

IN NO EVENT SHALL TINA MORASCO COACHING OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. SUCH LOSS INCLUDES, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR RELIANCE DAMAGES (WHETHER FORESEEABLE OR NOT), DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF TINA MORASCO COACHING HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGONG, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TINA MORASCO COACHING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TINA MORASCO COACHING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. TINA MORASCO COACHING LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR TINA MORASCO COACHING’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON (AMONG OTHER THINGS) YOUR OWN PRODUCTS, IDEAS, AND TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO IMPLEMENTING THE SERVICE CONTENT AND IDEAS AND TECHNIQUES; YOUR FINANCES, YOUR KNOWLEDGE, AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, TINA MORASCO COACHING CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL.

TINA MORASCO COACHING MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, DEFECT-FREE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR (V) THE SERVICE CONTENT IS FREE OF BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. TINA MORASCO COACHING SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER (including, without limitation, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. TINA MORASCO COACHING RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER TINA MORASCO COACHING IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. TINA MORASCO COACHING ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD TINA MORASCO COACHING DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF SERVICE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF TINA MORASCO COACHING. TINA MORASCO COACHING RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR TINA MORASCO COACHING’S CONTENT, PRODUCTS, AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION.

  1. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TINA MORASCO COACHING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TINA MORASCO COACHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL TINA MORASCO COACHING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TINA MORASCO COACHING IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

  1. Binding Arbitration; Class Action Waiver

You and Tina Morasco Coaching agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 9 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

If you have any dispute with us, you agree that before taking any formal action, you will contact Tina Morasco Coaching at [email protected] and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For residents outside the United States, arbitration will be held in Los Angeles, California, and you and Tina Morasco Coaching agree to submit to the personal jurisdiction of any federal or state court located within Orange County, California, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

You are responsible for all costs that you may incur in the arbitration, including but not limited to attorneys’ fees and expert witness costs unless Tina Morasco Coaching is otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.

You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND TINA MORASCO COACHING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Notwithstanding the parties’ decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction to the extent such claims do not seek equitable relief.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by emailing written notice of your decision to opt out to Tina Morasco Coaching at [email protected]. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Tina Morasco Coaching also will not be bound by them. If Tina Morasco Coaching changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Tina Morasco Coaching’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Tina Morasco Coaching in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND TINA MORASCO COACHING REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

  1. Termination

You agree that Tina Morasco Coaching, in its sole discretion, may limit your use of the Site and/or Service Content or suspend or terminate your account (or any part thereof) or use of the Site or Service Content and remove and discard any Service Content, for any reason, including, without limitation, for lack of use or if Tina Morasco Coaching believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service or any other rules or conditions of Tina Morasco Coaching. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Tina Morasco Coaching may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Tina Morasco Coaching may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Tina Morasco Coaching will not be liable to you or any third party for any termination of your access to the Service. Tina Morasco Coaching reserves the right to refuse access to the Site and/or Service Content, products, or services to anyone in its sole discretion.

  1. Disputes Between Users

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Tina Morasco Coaching will have no liability or responsibility with respect thereto. Tina Morasco Coaching reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

  1. General

These Terms of Service constitute the entire agreement between you and Tina Morasco Coaching and govern your use of the Service, superseding any prior agreements between you and Tina Morasco Coaching with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software.

These Terms of Service will be governed by the laws of the State of California, without regard to its conflict of law provisions.

With respect to any disputes or claims not subject to arbitration, as set forth in Section 9 above, you and Tina Morasco Coaching agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Orange County, California.

The failure of Tina Morasco Coaching to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

If any provision of these Terms of Service is found by a court of competent jurisdiction to be unlawful, invalid, void, or for any other reason unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, the provision shall be deemed severable from this agreement, and the provision’s severance shall not affect the validity and enforceablility of the other provisions of these Terms of Service, which remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign these Terms of Service without the prior written consent of Tina Morasco Coaching, but Tina Morasco Coaching may assign or transfer these Terms of Service, in whole or in part, without restriction.

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Notices to you may be made via either email or regular mail.

Under no circumstances shall Tina Morasco Coaching be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Site.

The provisions of these Terms of Service are for the benefit of Tina Morasco Coaching, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

  1. Questions? Concerns? Suggestions?

Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.