Terms of Agreement

CUSTOMER SERVICES PURCHASE Agreement

  1. Agreement. This Coaching Session Purchase Agreement (“Agreement”) specifies the terms and conditions that govern the relationship between you (the “Customer”) and www.shawn-baker.com (“Website”, “we”, or “us”) and under which you may purchase and receive coaching through the website located at www.shawn-baker.com (the “Site”) and related services, programs, software, and applications (collectively the “Platform”). By choosing to purchase access to the Platform and coaching services (“Services”) provided and organized by Website, you accept and agree to be bound by this Agreement. In exchange for valuable consideration, including but not limited to the Website Services and the use of the Website Platform, and other products, you agree to the terms of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE SERVICES.
  2. Arbitration Notice and Class Action Waiver. You agree that all disputes and claims between you and Website arising under or relating to this Agreement will be resolved by binding, individual arbitration in the state of Arizona or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. You waive your right to participate in a class action lawsuit or class-wide arbitration relating to or arising out of disputes and/or claims between you and Website. In the case of any dispute, no arbitrator shall have authority to conduct class arbitration. An award or arbitration finding may be confirmed in a court of competent jurisdiction. BY PARTICIPATING IN THE PROGRAM, YOU WAIVE YOUR RIGHT TO A JURY TRIAL FOR ALL CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT. YOU UNDERSTAND THAT DISPUTES WILL NOT BE RESOLVED BY A COURT OR JURY.
  3. Conditions of Purchasing Coaching Services.
    1. Age. You must be at least eighteen (18) years old to purchase the Services or have parental consent to do so.
    2. Credit Card Holder. You agree that you are the credit card holder for your account or have express permission of the cardholder to use their card as a payment method.
    3. Personal Information. You agree to provide accurate and up-to-date essential personal information and agree to update and maintain such information as necessary.
    4. Incorporation of Website Terms and Conditions. This Agreement includes and incorporates by reference the agreements and policies referred to or linked to herein, including our Terms and Conditions and Privacy Policy, and any other agreements you enter through website, as may be modified by Website from time to time in our sole discretion. In the event of a conflict between such policies and this Agreement, this Agreement controls.
  4. Term of Agreement. You agree to purchase access to Website’s Services pursuant to pricing and terms offered by Website through the Platform in its sole discretion. Pricing and terms are subject to change by Website at any time following a thirty (30) day notice. In the event you purchase Services on a subscription model, you acknowledge and agree that Website will bill your credit card on the recurring basis you select until and unless you cancel the Agreement.
  5. Coaching Services Terms. You will receive access to Website’s Services, including access to coaching provided by approved Website Carnivore Coaches through the Platform. Website provides these services at its sole discretion and may terminate your access to these Services immediately and without notice or liability in the event of your breach of any provision in this Agreement.
    1. Services Fee. Website will charge your credit according to your selection among the various Service purchase options. Website may, on its sole discretion, change the structure or price of Service purchase options.
    2. Non-Circumvention. You acknowledge that our Platform derives its income from collecting a portion of the fees that Customers pay for Services. You agree that for as long as you are party to this Agreement and for a period of one (1) year following termination of this Agreement, you will not attempt to solicit the business of Website Coaches to provide Services substantially similar to those provided by Website, or to contact Website Coaches to discuss Website or the services it provides, except through the Platform. Should you be found in violation of this Section, you agree to pay Website an amount equal to triple the income lost by Website as a result of your conduct. You understand that the true damage and loss of goodwill caused by such conduct is impossible to calculate and quantify at this time and that the fee charged for such conduct is a reasonable sum of liquid damages. It is expressly understood that this is not a penalty but merely attempts to make Website whole for loss of goodwill, loss of present income, loss of future income and other damages expressly understood to be the result of such conduct.
  6. Prohibitions and Restrictions. As part of this Agreement, you agree to abide by the following limitations:
    1. Acknowledgment. By signing this Agreement, you acknowledge that you understand that Website is not a licensed healthcare provider. You acknowledge that you should not, under any circumstances, seek medical advice, medical diagnoses, or medical treatment to from Coaches or otherwise on or through the Platform. You should not construe any coaching or advice received as part of the Website Services as medical advice. You should consult with a licensed physician if you have any medical questions or health concerns, and prior to participating in Website’s Services.
    2. Access. You will not access or attempt to access the Site or Platform or associated content by any means other than the interface provided.
    3. Impersonation. You will not impersonate any other person or entity while using the Site or Platform or otherwise promote any criminal activity or enterprise or provide support for any illegal activities.
    4. Under 18. You will not solicit information from any person under the age of eighteen (18).
    5. Email Collection. You will not use the Site or Platform to harvest or collect email addresses or other contact information for the purposes of sending unsolicited emails or communications of any kind.
    6. Unauthorized Sales or Purchases. You will not use the Site or Platform to offer, buy, or sell any goods or services not expressly authorized by Website.
    7. Legal Obligations. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply as a result of your use of the Site or Platform. In using the Site or Platform, you will not and will not assist or enable others to breach or circumvent any law or regulation, third party agreement, or the terms of this Agreement.
    8. Discrimination and Harassment. You will not, through the use of the Site or Platform, discriminate against or harass anyone on the basis of race, national origin, religion, gender, physical or mental disability, medical condition, marital status, age or sexual orientation or otherwise engage in any abusive or disruptive behavior.
    9. Unauthorized Use of Website Imagery. You will refrain from tarnishing or otherwise harming the Website brand in any way, including through any unauthorized use of the website, or by using the trade names, trademarks, images, or brand identifiers that closely imitate or are confusingly similar to Website trade names, trademarks, images, or brand identifiers.
  7. Copyright Laws and Intellectual Property Rights. Any content provided through the Services is for your personal use only. You agree not to modify, reproduce, retransmit, transfer, distribute, sell, broadcast, make available to third parties, or circulate the content to anyone or to exploit any such content for commercial or non-commercial purposes without the express prior written consent of Website. Any collection and use of the content of the Services or content related to the Services, including worksheets, checklists, educational materials, product listings, descriptions, prices, or advertising content is prohibited.
  8. Marketing Consent. You authorize and agree to allow Website to use for marketing or publicity purposes any photographs or other personal information provided by you to Website.
  9. Published Content on Website. You acknowledge that any information provided by you on your public profile on the Website Platform is not confidential and that such content may be used by any third party without our control. You assume the risk of misuse of your public content by third parties. You also represent that any content you upload or otherwise cause to be hosted on the Platform is content you hold all right, title, and interest to, including without reservation all copyright associated with the content.
  10. Promotional Pricing and Limited Time Offers. The cost of Services may from time to time be subject to promotional pricing or limited time offers. Such promotional pricing or limited time offers are subject to change at Website’s discretion. Website will not offer any form of refund in response to a promotional pricing or limited time offer event.
  11. Termination of Agreement. Either you or Website may terminate this Agreement at any time, for any reason. If Website terminates this Agreement due to your breach of any provision herein, you will no longer be entitled to access Services through the Website website. If you terminate this Agreement, you will retain access to such Services as you have purchased for the remainder of the term of the Agreement. Website shall be under no obligation to refund any Services Fee but may elect to do so at its sole discretion, to account for errors or extenuating circumstances.
  12. Privacy and Security. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Except as required by applicable law, we will not sell or distribute your email address to any third party.
  13. Limitations on Liability. Website reserves the right to terminate or restrict your relationship with Website and use of our Services without notice or further liability as set forth in this Agreement or if we determine, in our sole discretion, that you have breached or will likely breach any provision of this Agreement. If we do terminate the relationship and provision of Services, we also reserve the right to refuse you as a customer, in our sole discretion, if you attempt to subscribed to our Services subsequently. Website will not, under any circumstance, be liable for any special, consequential, exemplary, indirect, punitive, or any other damages to you incurred through your use of Website.
  14. Release of Claims and Indemnification. In consideration for providing access to the Services, to the fullest extent permitted by law, you waive, release and promise never to assert any claims or causes of action, known or not now known, against Website or its predecessors, successors, past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, and assigns with respect to any matter arising from or related to this Agreement, including without limitation claims to attorneys’ fees or costs, fraud, breach of contract, harassment or discrimination based on sex, age, race, national origin, disability, or any other basis under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, or any other law relating to employment, breach of the covenant of good faith, and illness including death. Notwithstanding the foregoing, in the event any third party claim is brought against Website, you agree to indemnify and hold harmless Website from and against any and all expenses, damages, claims, suits, actions, judgments, and/or costs whatsoever, including attorneys’ fees, arising out of, or related to, any claim or action arising out of Website’s business activities or this Agreement. The provisions of this section shall survive any termination or expiration of this Agreement.
  15. Selection of Law and Jurisdiction. Any dispute arising from or relating to this Agreement will be governed by the laws of the state of Arizona, without regard to the conflict of law provisions of that state, and by the United States of America, including the Federal Arbitration Act. Except for claims subject to arbitration, any dispute arising from or relating to this Agreement shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Maricopa County, Arizona.
  16. Severability. If any provision of this Agreement is found to be contrary to law or unenforceable, that finding will have no effect on the other provisions of this Agreement.
  17. Entire Agreement. This Agreement sets forth the full agreement and understanding of the parties relating to its subject matter and cancels and supersedes any prior or contemporaneous agreements or representations.
  18. Modifications. No amendment or modification to this Agreement will bind Website unless in a written instrument signed by a duly authorized representative of Website. Emails and other electronic communications shall not count as written instruments for purposes of this provision.
  19. Consent to Electronic Notices. You consent to the use of electronic means to complete this Agreement and to deliver any notices related to or necessary for the completion of this Agreement. You agree to the use of electronic records to store information related to this Agreement or your use of Website. Notices provided to you will be valid if provided to you via the e-mail account you provide us when signing up for the Program, or if posted on the website. Notices to us will be valid only if provided via U.S. certified mail, return receipt requested, or via nationally or internationally recognized overnight courier to the following address, which may be modified without notice by Website:

            380 HAMILTON AVE, P.O. BOX 1562
            PALO ALTO, CA, 94301-9991

  1. No Waiver. The failure or delay of Website to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way reflect Website’s right to later enforce or exercise the same, unless Website issues an express written waiver signed by a duly authorized representative of Website.
  2. Assignability. You may not assign this Agreement or any of the rights or obligations created by this Agreement without our prior written consent, signed by a duly authorized officer of Website. Website may freely assign this Agreement without your consent. Any attempted assignment or transfer in violation of this provision will be void.
  3. California Residents. The following disclosure is made pursuant to California Online Privacy Protection Act: When you use our services, other parties, such as Google, may collect personally identifiable information about your activities over time and across different websites or online services.