1. Acceptance of Terms

1.1 James Segal Progress Services, LLC, (referred to as “James Segal," "us" or "we"),

provides jamessegal.com (the "Site") through which it offers access to coaching and

other consulting services in the field of personal development; and access to and

recommendations of various content including, but not limited to, educational

programming, blogs, videos, and pictures (collectively “Offerings”), subject to your

compliance with the following Terms and Conditions of Use ("Terms"), as well as

any other written agreement(s) between us and you.

1.2 We reserve the right to change these Terms and Conditions of Use from time to time

with or without notice to you. You acknowledge and agree that it is your

responsibility to periodically review this Site and these Terms. Your continued use of

this Site and Offerings after such modifications will constitute acknowledgement and

acceptance of the modified Terms.

1.3 As used in these Terms, references to our "Affiliates" include our owners, licensees,

assignees, subsidiaries, affiliated companies, officers, directors, suppliers, partners,

sponsors, advertisers, and includes (without limitation) all parties involved in

creating, producing, and/or delivering this Site and/or contents and Offerings

available on this Site.







2. Offerings

2.1 Offerings. James Segal provides a number of Offerings for users on its Site,

including, but not limited to, coaching and other consulting services in the field of

personal development; and access to various content including, but not limited to,

educational programming, blogs, videos, and pictures.

2.2 No Guarantee. Although James Segal works hard to provide quality Offerings, you

understand and acknowledge that we cannot promise or guarantee specific results

from using the Site or Offerings available on this Site.

2.3 Temporary Interruptions. You understand and agree that temporary interruptions of

the Site may occur as normal events that are out of our control. You also understand

and agree that we have no control over the third-party networks or services that we

may use to provide you with Offerings. You agree that the Offerings available on this

Site are provided "AS IS" and that we assume no responsibility for the timeliness,

deletion, mis-delivery, or failure to store any user communications, material posted

by you, or personalization settings.

3. Site Conduct, Posting Policies, & Third Party Websites

3.1 User-Created Content Guidelines: Your use of the Site is subject to all applicable

laws and regulations, and you are solely responsible for any comments or posts you

may leave on the Site. James Segal is not responsible for any posting made by a user.

By posting information on the Site, or by otherwise using any communications

service, message board, newsgroup, or other interactive service available on the Site,

you agree that you will not post comments, messages, links, code, information,

pictures, or other material that:

i.is unlawful, threatening, abusive, harassing, profane, defamatory,

deceptive, inaccurate, fraudulent, tortious, invasive of another's privacy, or

includes graphic descriptions of sexual or violent content;

ii.victimizes, harasses, degrades, or intimidates an individual or group of

individuals on the basis of religion, gender, sexual orientation, race,

ethnicity, age, or disability;

iii.infringes on any patent, trademark, trade secret, copyright, right of

publicity, or other proprietary right of any party;

iv.consists of unsolicited advertising, junk or bulk email (also known as

"spam"), chain letters, any other form of unauthorized solicitation, or any

form of lottery or gambling;

v.contains any form of malicious code, files, or programs that are designed

or intended to disrupt, damage, or limit the functionality of any software,

hardware, or telecommunications equipment or otherwise causes damage,

or allows you to obtain unauthorized access to any data or other

information of any third party;

vi.breaches the security of, compromises or otherwise allows access to

secured, protected or inaccessible areas of this Site, or attempts to gain

access to other network or server via your account on this Site;

vii.impersonates any person or entity, including any of our employees or


viii.Violates HIPPA or in any other way infringes on any privacy rights

conferred by local, state, or federal law.

3.2 No Endorsement. James Segal neither endorses nor assumes any liability for any

material uploaded or submitted by users on any part of the Site. Although we do not

pre-screen, police or monitor comments posted on the Site, we and our agents reserve

the right to remove any and all postings, in our sole discretion and without prior

notice to you. James Segal and our Agents are not responsible for any failure or delay

in removing such postings.

3.3 Third-Party Sites and Information. This Site may redirect or link to other websites

on the Internet, or may otherwise include references to information, products or

services made available by unaffiliated third parties. While we make every effort to

work with trusted, reputable providers, from time to time such sites may contain

information, material or policies that some may find inappropriate or personally

objectionable. You understand that we are not responsible for the accuracy,

completeness, decency, or legality of content hosted by third party websites, nor are

we responsible for errors or omissions in any references made on those websites. The

inclusion of such a link or reference is provided merely as a convenience and does not

imply endorsement of, or association with the Site or party by us, or any warranty of

any kind, either express or implied. By accepting a redirect or link to other websites,

you agree to adhere to the terms and conditions and privacy policies of those

websites. You understand that these third party sites and providers are not screened

by James Segal and enter said sites and providers at your own risk.

3.4 Products and Promotions. From time to time, this Site may include information

about products and promotions offered by third parties. You may purchase products

from or participate in promotions of third parties whose promotions or products are

listed on this Site. Any such correspondence or promotions, including the delivery of

and the payment for goods and services by those third parties, and any other terms,

conditions, warranties or representations associated therewith, are solely between you

and the third party. We assume no liability, obligation, or responsibility for any part

of any such purchase or promotion.

3.5 Private Use. All information and documentation provided to a user are intended to be

used solely by the user and is not for distribution to others.. If James Segal determines

in its reasonable good faith judgment that a user is using the content and

documentation outside of personal use, that user’s account and remaining services

will be terminated immediately without reimbursement for any fees paid.

4 James Segal’s Intellectual Property

4.1 Content. For purposes of these Terms, "content" is defined as any information,

communications, published works, photos, video, graphics, music, sounds, or other

material that is sent to or that can be viewed by users on our Site and is owned by

James Segal, our Affiliates or licensors.

4.2 Site Use. James Segal grants you a limited, revocable, nonexclusive license to use the

Site solely for your own personal purposes or for limited commercial purposes

depending on the services you purchase. James Segal does not grant a license for

republication, distribution, assignment, sublicense, sale, preparation of derivative

works, or other use. You agree not to copy the Site, reverse engineer, or break into the

Site, or use materials, products, or services in violation of any law. Any use of the

Site or the content or materials contained therein, other than as specifically authorized

in these Terms, without the prior written permission of James Segal, is strictly

prohibited and will terminate the license granted herein. Unless explicitly stated

herein, nothing in these Terms shall be construed as conferring to you, whether by

implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights

to, any intellectual property or other right, and any goodwill associated therewith.

James Segal reserves the right, without notice and in its sole discretion, to terminate

your license to use the Site at any time and to block or prevent your future access to,

and use of, the Site.

4.3 No Warranty for Third-Party Infringement. Neither our Affiliates nor we warrant

or represent that your use of materials displayed on, or obtained through, this Site will

not infringe the rights of third parties.

4.4 Ownership of Content. All contents of the Site are: Copyright © 2018 James Segal.

All rights reserved. All content on the Site is subject to intellectual property rights,

contractual or other protection. The intellectual property rights are owned by us or our

licensors. No content may be copied, distributed, republished, uploaded, posted or

transmitted in any way except as provided expressly in these Terms or with James

Segal’s prior express written consent. Any use of the content other than as permitted

by these Terms, or any other unauthorized use of the content may make you liable to

James Segal for violation of intellectual property rights.

4.5 Trademarks. Trademarks or service marks of James Segal include, but are not

limited to, all custom graphics, icons, logos and service names are registered

trademarks, trademarks, or service marks of James Segal or our Affiliates. All other

trademarks or service marks are property of their respective owners. Nothing in these

Terms grants you any right to use any trademark, service mark, logo, and/or the name

of James Segal, JamesSegal.com, or our Affiliates.

5 Privacy & Security

5.1 Login Required. In order to access some of the Offerings on this Site, you will be

asked to set up an account and password. Our account registration page requests

certain personal information from you ("Registration Info"). You will have the ability

to maintain and periodically update your Registration Info as you see fit. By

registering, you agree that all information provided by you as Registration Info is true

and accurate and that you will maintain and update this information as required in

order to keep it current, complete, and accurate. Every user is only allowed to have

one e-mail address attached to them. If James Segal believes there are multiple

accounts attached to one user, James Segal reserves the right to terminate your


5.2 Passwords & Security. If you register for an account on the Site, you agree that you

are responsible for maintaining the security and confidentiality of your password and

that you are fully responsible for all activities that occur under your account.

Therefore, you must take reasonable steps to ensure that others do not gain access to

your password and account. Our employees will never ask you for your password.

6 Disclaimer

6.1 While information posted on this site is believed to be reliable and accurate at the

time of posting, James Segal does not guarantee, represent or warrant that the

information contained on this site is accurate, complete, reliable, verified, error free,

or fit for any purpose.

6.2 The owner expressly disclaims all representations, warranties or conditions, express

or implied, statutory or otherwise, including, without limitation, the warranties and

conditions of merchantable quality and fitness for a particular purpose, noninfringement,

compatibility, timeliness, security or accuracy, and any representations,

warranties or conditions that may arise from a course of dealing or usage of trade.

6.3 This site could include technical or other mistakes, inaccuracies or typographical

errors. We may make changes to the content and offerings on this site at any time

without notice to you. The content available on this site may be out of date, and we

make no commitment to update such content.

The use of the offerings through this site is done at your own discretion and risk and

with your agreement that you will be solely responsible for any damages you incur as

a result.

6.4 We make no warranty regarding any transactions executed through a third party, or in

connection with this site, and you understand and agree that such transactions are

conducted entirely at your own risk. Any warranty that is provided in connection with

any offerings or content available on or through this site from a third party is

provided solely by such third party, and not by us or any other of our affiliates.

6.5 We reserve the sole right to either modify or discontinue the site, including any

offerings or features therein, at any time with or without notice to you. We shall not

be liable to you or any third party should we exercise such right. Modifications may

include, but are not limited to, the addition of free or fee-based services or changes to

limitations on allowable content. Any new features that augment or enhance the thencurrent

offerings on this site shall also be subject to these terms of use.

6.6 Some states or jurisdictions do not allow the exclusion of certain warranties, so some

of the above limitations may not apply to you. Please consult the laws in your


6.7 James Segal shall in no way be liable to you for any decisions and/or

misrepresentations made by any third parties.

6.8 James Segal contracts with licensed independent contractors (“coaches”) who may

coach you and provide advice on lifestyle and/or fitness choices. Any advice,

instructions, and resources provided by the coaches are strictly the coach’s views,

opinions, and recommendations. As such, these views may not represent the views of

James Segal. As these coaches work independently of James Segal, as stated in

section 6.7 of the Terms, James Segal is not responsible for any misinformation

and/or misrepresentation made by said coaches.

6.9 Please note that while James Segal and/or the coaches will work to provide the best

possible information regarding personal development, James Segal cannot guarantee

any that said information will work for your situation. Furthermore, please note that

James Segal is not a medical facility, nor is James Segal a licensed medical provider.

As such, it is advised that you contact your physician to ensure that any changes to

your lifestyle will not have any adverse effects prior to utilizing any of James Segal’s

independent coach’s advice.

6.10 Any licensed professional is required to act as a reasonable person of said

profession would act. James Segal disclaims any liability for failure of any

professional to act appropriately. Also, it is recommended that any professional using

an James Segal system maintain their own liability insurance as James Segal will not

cover any liabilities arising for the actions of any of its clientele.

6.11 The material appearing on the Site is provided for informational purposes only

and is not be used as a substitute for professional medical advice, diagnosis or


7 Payments, Refunds, Cancellations, and Guarantees

7.1 Payment. James Segal accepts payments from all major credit cards. Please ensure

that you have sufficient funds to cover the monthly subscription and/or one time


7.2 Cancellation Policy. James Segal offers its subscriptions on a monthly basis. You

give James Segal the authority to automatically renew your subscription. A user may

cancel their subscription with thirty (30) days written notice. After the thirty (30) day

period, users will receive a pro-rated refund. Furthermore, if there is a scheduled

consultation with a coach, the user must submit a cancellation (24) hours prior to the

consultation. Otherwise, the session must be charged in full.

8. Limitation of Liability & Indemnification

8.1 In no event shall we or our affiliates be liable to you or any third party for any

special, punitive, incidental, indirect or consequential damages of any kind, or any

damages whatsoever, including, without limitation, those resulting from loss of use,

data or profit loss; your use of the information or content contained on the site; or

your reliance upon the accuracy of information contained on the site, whether or not

we have been advised of the possibility of such damages, and on any theory of

liability, arising out of or in connection with the use of this site or of any website

referenced or linked to from this site.

8.2 Further, we shall not be liable in any way for third party promises regarding our

offerings or content or for assistance in conducting commercial transactions with the

third party through this site, including without limitation the sale of products or

services. You agree to defend, indemnify, and hold us and our affiliates harmless

from all liabilities, claims, and expenses, including attorneys' fees that may arise from

your use or misuse of this site or any of the content contained therein. We reserve the

right, at our own expense, to assume the exclusive defense and control of any matter

otherwise subject to indemnification by you, in which event you will cooperate with

us in asserting any available defenses.

9. Termination of Use

9.1 Grounds for Termination. You agree that we may, at our sole discretion, terminate,

or suspend your access to all or part of the Site with or without notice and for any

reason, including, without limitation, breach of these Terms. Any suspected

fraudulent, abusive, or illegal activity may be grounds for barring your access to this

Site, and reporting you to the proper authorities, if necessary.

9.2 No Right to Offerings Upon Termination. Upon termination and regardless of the

reason(s) motivating such termination, your right to use the Offerings available on

this Site will immediately cease. We shall not be liable to you or any third party for

any claims for damages arising out of any termination or suspension or any other

actions taken by us in connection therewith. Sections 1 and 3-11 of these Terms shall

survive any termination.

10. Miscellaneous Provisions Governing Law.

10.1 The statutes and laws of the State of

California shall be controlling, without regard to the conflicts of laws principles


10.2 Dispute Resolution. All claims and disputes arising under or relating to this

Agreement are to be settled by mediation, and if the matter is not resolved through

mediation, then it shall be settled by binding arbitration in the state of California. The

arbitration shall be conducted on a confidential basis pursuant to the rules of JAMS

(Judicial Arbitration and Mediation Services). Any decision or award as a result of

any such arbitration proceeding shall be in writing and shall provide an explanation

for all conclusions of law and fact. An award of arbitration may be confirmed in a

court of competent jurisdiction. The prevailing party shall be entitled to receive from

the other party its attorneys' fees and costs incurred in connection with any

arbitration proceeding and the enforcement of any award. Please note that the

arbitration dispute resolution procedures are in lieu of relief through the courts.

Venue shall lie exclusively within the County of San Diego, California.

10.3 Class Action Waiver. User agrees that any claims brought can only be brought in

an individual capacity and not as a member of a purported class or other

representative action. The enforceability of this provision does not affect the

enforceability of the Arbitration clause in 11.2.

10.4 Notices. All notices to James Segal shall be in writing and shall be sent to

james@jamessegal.com.You agree to allow us to submit notices to you using the

email address provided by you in the Registration Info. Any notices or

communication under these Terms will be deemed delivered to the party receiving

such communication on the delivery date when transmitted by email.

10.5 No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute,

copy, or use for any commercial purposes any portion of this Site, or use of or access

to this Site or Offerings provided through this Site, beyond the limited rights granted

to you under Section 4 of these Terms.

10.6 Force Majeure. In addition to any excuse provided by applicable law, we shall be

excused from liability for non-delivery or delay in delivery of Offerings available

through our Site arising from any event beyond our reasonable control, whether or

not foreseeable by either party, including but not limited to: labor disturbance, war,

fire, accident, adverse weather, inability to secure transportation, governmental act or

regulation, and other causes or events beyond our reasonable control, whether or not

similar to those which are enumerated above.

10.7 Savings Clause. If any part of these Terms is held invalid or unenforceable, that

portion shall be construed in a manner consistent with applicable laws to reflect, as

nearly as possible, the original intentions of the parties, and the remaining portions

shall remain in full force and effect.

10.8 No Waiver. Any failure by us to enforce or exercise any provision of these Terms or

related rights shall not constitute a waiver of that right or provision.

10.9 Other Sites. This site may contain links to other sites which sites are not maintained

or controlled in any way by James Segal. Links to any such sites that are not

maintained or controlled by the James Segal are provided for convenience only and

are not to be construed as an endorsement by James Segal or any other party of the

products, services, advice or opinions or any other content of such sites. Access to or

use of sites to which links are provided are subject to the terms and conditions of

such sites. You are fully responsible for any use that you make of the content

contained in such sites and you are solely responsible for the consequences of any

use of or reliance on such content.

10.10 Entire Agreement. These Terms and Conditions, and Privacy Policy constitute

the entire agreement and understanding between the parties concerning the subject

matter hereof and supersede all prior agreements and understandings of the parties

with respect thereto. These Terms may NOT be altered, supplemented, or amended

by the use of any other document(s). To the extent that anything in or associated with

this Site is in conflict or inconsistent with these Terms, these Terms shall take


10.11 International Use. Although this Site may be accessible worldwide, those who

choose to access this Site from other locations do so on their own initiative and at

their own risk. If you choose to access this Site from outside the United States, you

are responsible for compliance with local laws in your jurisdiction, including but not

limited to, the taxation of products purchased over the Internet. Any offer for any

product, Service, and/or information made in connection with this Site is void where


11 Electronic E-Mail Contact

James Segal may occasionally contact you with follow up, marketing or

advertisements electronic mail that we think would be of interest to you. If you

receive contact from us then you have shared your interest in receiving information

in the future, or have made a previous purchase or inquiry on our website. Out of

respect to our clients, we value your right not to receive this correspondence. In the

event that you no longer wish to receive contact from us (with the exception of

information directly pertaining to your order or inquiry) you can contact us to opt-out

of our mailing list. Contact can be made via email James@jamessegal.com