Please read these Terms and Conditions of Use carefully.  You must agree to these TOU before you are permitted to use any Whitney Barbary Coaching, LLC (hereby referred to as "Company") or https://www.whitneybarbary.com (“Website”) digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, video, enter any online private forums operated by Whitney Barbary Coaching, LLC (for any purpose), whether on a website hosted by Whitney Barbary Coaching, LLC or a third-party website such as an online course platform or Facebook.com, participate in any workshop or challenge; attend any live event hosted or promoted by Whitney Barbary Coaching, LLC; and/or purchase or take part in any future service or activity offered by Whitney Barbary Coaching, LLC, whether now known or unknown.

If you do not agree with these TOU, you may not use the Website or its Content.

SOCIAL MEDIA. Client may be granted access to Facebook or other social media groups for additional education and materials. The intent of such groups are to facilitate the coaching relationship, improve accountability, encourage members, celebrate achievements, create a community for clients, and facilitate coaching opportunities. If Company deems a Client’s behavior or content inappropriate, harmful, or offensive in any way, Client or the content may be removed from the group without any notice.

INVESTMENT, PAYMENTS & REFUNDS.  Client is financially willing and able to invest in this Program by choice, and by so doing, Client is not in any way incurring any economic hardship. Client understands that there is a no refund policy in this Program (payments are non-refundable). Client is agreeing to make 4 consecutive monthly payments of $111 USD.

This purchase gives the client access to program 40/40 Experience.

This will include 40 trainings delivered weekly over 40 weeks, in audio form, vis Telegram App or YouTube Playlist.

This is a replay only and does not include any live components or any live coaching with Whitney.

AUTHORIZATION AND RECEIPT. By paying via PayPal, debit card, or credit card, or Stripe. If Client uses a payment plan, Client agrees to automatic payments each month for 12 months.

REFUND POLICY. Company wants you to be happy with your Program. If, for some reason, you are not satisfied, you may stop the Program at any time. Because Company will have invested considerable time and effort in your Program, if you decide to withdraw for any reason, you will remain fully responsible for all payments and the full cost of the Program. No refund will be provided for any reason.

Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

CONFIDENTIALITY. All information exchanged during the Program will be kept strictly confidential. Company will not disclose confidential information shared during the Program to anyone else without reason to know such information, unless required by law, ethics, or upon written authorization by Client.

INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS ON USE; LIMITED LICENSE. All content provided by Company to You (collectively, “Content“), including but not limited to, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is Company’s property or the property of our licensors or licensees, and the compilation of the Content is our exclusive property, protected by United States and international copyright laws, treaties and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) maintained by Company are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Company grants you a limited license to access and make personal use of the Content. No Content or any other Internet site owned, operated, licensed, or controlled by Company may be copied,

reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that Company makes available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads. Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to You does not include, and specifically excludes, any rights to: resell or make any commercial use of any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. Client may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. Client is granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

PERSONAL RESPONSIBILITY, DISCLAIMER & RELEASE OF CLAIMS:

PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK. You acknowledge that you take full responsibility for your well-being and all decisions made before, during and after your Program. Company has used care in preparing the information provided to you, but all of my information, Programs, and services are made available to you as marketing and business tools for your own personal use and for informational and educational purposes only. You accept full responsibility for your choices, actions, and results, and expressly assume the risks of the Program for your use, or non-use, of the information provided to you. You also understand that you are expressly assuming all of the risks of the Program, whether or not such risks were created or exacerbated by the Program.

DISCLAIMER OF WARRANTIES; WAIVER AND RELEASE. The content from Company is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, Company disclaims any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Company does not warrant that the functions contained in any content (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make such content available are free of viruses or other harmful components.

You assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. Company makes no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to Client including, without limitation, any third party site or service linked to from Client and specifically, no representation or warranty of correctness, accuracy, completeness, reliability or safety).

Company is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, financial analyst, psychotherapist or accountant. Client understands that Company has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client’ (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Company’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Program. If the Parties continue their relationship, a separate agreement will be entered into.

You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage.

EARNINGS DISCLAIMER. Every effort has been made to accurately represent this Program and its potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using out product, ideas and techniques. Company does not position this product as a “get rich quick scheme.” Any claims made of actual earnings or examples of actual results can be verified upon request. Client’s level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level, nor is Company responsible for any of your actions.

LIMITATION OF LIABILITY. Under no circumstances shall Company be liable to you or anyone else for any direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from: (a) participation in this Program or any content or functions thereof; or (b) any act or omission, online or offline, of any participant in this Program or anyone else, even if Company has been advised of the possibility of such damages. In no event shall our total liability to you for all loss,

cost, damage, liability or expense (including attorneys’ fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or participate in any activity related to this Program.

Under no circumstances shall Company or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

The limitations, exclusions and disclaimers in this agreement and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

Applicable law may not allow certain of the exclusions, limitations, or disclaimers of liability set forth in these terms of use, so such exclusions, limitations or disclaimers may not apply to you.

INDEMNIFICATION. You, on behalf of your heirs, next of kin, family members, estate, beneficiaries, executors, administrators and representatives (now, collectively, “You”), agree to indemnify, defend and hold Company, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of this Agreement. You shall use your best efforts to cooperate with Company in the defense of any claim. Company reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by You.

TERMINATION. All the terms of this Agreement will still apply even after termination. In the event of any circumstances beyond control of Company, such as, community disaster, a fire, or situation in which the continued provision of services under this agreement would substantially interfere with Company’s duty of service to its clientele, Company reserves the right to suspend performing obligations under this agreement immediately and until such time as Company determines that the circumstances are again suitably available and safe. In such event and providing circumstances permit, Company shall give notice not less than twenty-four (24) hours.

NOTICE. All correspondence or notice required regarding the Program shall be made to Company and to Client at the e-mail address provided during enrollment in the Program. Should the Client’s e-mail address or contact information change at any time throughout the course of the Program, it is the Client’s responsibility to update the contact information within 72 hours.

MODIFICATION OF AGREEMENT. Any modification of this Agreement or additional obligation assumed by any Party in connection with this Agreement shall be binding only if evidenced in a writing signed by each Party.

ASSIGNMENT. Neither this Agreement nor any other rights or obligations under this Agreement shall be assigned or otherwise transferred.

NO WAIVER. The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement.

EFFECT OF PARTIAL INVALIDITY. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event any provision of this Agreement is held to be invalid, the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement of the invalid provision.

DISPUTE RESOLUTION. Client and Company will do their best to work out any differences through a phone conversation or via email. However, should a dispute ever arise between us, Parties agree to submit to binding arbitration before a single arbitrator, selected jointly. Prior to seeking arbitration, Client must submit its complaint to Company with full details about the dissatisfaction with the Program via e-mail to [email protected]. Client understands that the only remedy that can be awarded to you through arbitration is a full refund of your Payment made to date. No award of consequential or of any other type of damages may be granted. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. By signing this Agreement, Client agrees to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted in an e-mail, or shall otherwise be forfeited forever. Arbitration will be held in Vanderburgh County, Evansville, IN, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.

NON-DISPARAGEMENT. In the event of a dispute between Client and Company, Client agrees not to engage in any conduct or communications, public or private, designed to disparage Company. Where requested by law or arbitration, of course, Client is not prohibited from sharing their thoughts and opinions as a part of the legal process. By agreeing to this Agreement, both Client and Company are acknowledging that each has read, understands, and agrees to and accepts all of the terms of this Agreement. Your Program will not begin until this signed document has been received, and payment has been made.

NONDISCLOSURE OBLIGATIONS. You agree to hold the Confidential Information provided by Company in confidence. Without limiting the generality of the foregoing, the Client, further promises and agrees: (A) to take commercially reasonable measures to protect and safeguard the Confidential Information that it receives against unauthorized use, dissemination, publication or disclosure; (B) not to use any of the Confidential Information except in connection with the execution of the Company Services; and (C) not to, directly or indirectly, in any way, reveal, report, publish, disclose, or transfer any of the Confidential Information except to its affiliates, principals, employees, representatives, accountants, agents, co-investors, advisors, legal counsel, lenders, investors, officers and directors, or as otherwise specifically authorized by Company (collectively, “Representatives”).

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of Indiana and the courts of Vanderburgh County shall be the sole forum for resolving disputes hereunder.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and any prior understanding or representation of any kind shall not be binding upon any Party, except to the extent incorporated in this Agreement.