TERMS & CONDITIONS
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.
1.4 BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO
BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THIS SITE, OFFERINGS AVAILABLE ON THIS
SITE, OR THESE TERMS, IS TO CEASE USING THE SITE AND/OR
THOSE PARTICULAR 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.
6.1 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
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
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
email@example.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.
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