Terms of Service
1. Purposes of Processing
We collect information about you in a range of forms, including personal data. As used in this Policy, “personal data” is as defined in the General Data Protection Regulation, this includes any information which, either alone or in combination with other information we process about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number.
Why do we need your personal data?
We will only process your personal data in accordance with applicable data protection and privacy laws. We need certain personal data in order to provide you with access to the Site. If you registered with us, you will have been asked to tick to agree to provide this information in order to access our services, purchase our products, or view our content. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your personal data in line with this Policy, please do not use our Site.
2. Collecting Personal Data
We collect information about you in the following ways:
Information You Give Us. This includes:
the personal data you provide when you register to use our Site, including your name, postal address, email address, telephone number, username, password and demographic information (such as your gender);
the personal data that may be contained in any video, comment or other submission you upload or post to the Site;
the personal data you provide in connection with our rewards program and other promotions we run on the Site;
the personal data you provide when you report a problem with our Site or when we provide you with customer support;
the personal data you provide when you make a purchase through our Site; and
the personal data you provide when you correspond with us by phone, email or otherwise.
Information from Social Networking Sites. Our Site includes interfaces that allow you to connect with social networking sites (each a “SNS”). If you connect to an SNS through our Site, you authorize us to access, use and store the information that you agreed the SNS could provide to us based on your settings on that SNS. We will access, use and store that information in accordance with this Policy. You can revoke our access to the information you provide in this way at any time by amending the appropriate settings from within your account settings on the applicable SNS.
Information Automatically Collected. We automatically log information about you and your computer or mobile device when you access our Site. For example, when visiting our Site, we log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site. We collect this information about you using cookies.
Automated Decision Making and Profiling.
We do not use your personal data for the purposes of automated decision-making. However, we may do so in order to fulfill obligations imposed by law, in which case we will inform you of any such processing and provide you with an opportunity to object.
What are cookies?
We may collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Site
We use two broad categories of cookies: (1) first-party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our Site; and (2) third party cookies, which are served by service providers on our Site, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.
Cookies we use
Our Site may use any of the following types of cookies for the purposes set out below:
These cookies are essential to provide you with services available through our Site and to enable you to use some of its features. [For example, they allow you to log in to secure areas of our Site and help the content of the pages you request load quickly]. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
These cookies allow our Site to remember choices you make when you use our Site, [such as remembering your language preferences, remembering your login details and remembering the changes you make to other parts of our Site which you can customize] The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Site.
Analytics and Performance Cookies
These cookies are used to collect information about traffic to our Site and how users use our Site. The information gathered does not identify any individual visitor. [It includes the number of visitors to our Site, the websites that referred them to our Site, the pages they visited on our Site, what time of day they visited our Site, whether they have visited our Site before, and other similar information.] [We use this information to help operate our Site more efficiently, to gather broad demographic information and to monitor the level of activity on our Site.
We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Site works. You can find out more information about Google Analytics cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies
You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html.
You can prevent the use of Google Analytics relating to your use of our Site by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB
Targeted and advertising cookies
These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third-party advertisers can place cookies to enable them to show adverts which we think will be relevant to your interests while you are on third party websites.
You can disable cookies which remember your browsing habits and target advertising at you by visiting http://www.youronlinechoices.com/uk/your-ad-choices. If you choose to remove targeted or advertising cookies, you will still see adverts but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored adverts from companies that are not listed.
Social Media Cookies
These cookies are used when you share information using a social media sharing button or “like” button on our Site or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter or Google+. The social network will record that you have done this.
You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.
If you do not accept our cookies, you may experience some inconvenience in your use of our Site. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Site.
We may use other companies to serve third-party advertisements when you visit and use the Site. These companies may collect and use click stream information, browser type, time and date, subject of advertisements clicked or scrolled over during your visits to the Site and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use tracking technologies to collect this information. Other companies' use of their tracking technologies is subject to their own privacy policies.
5. Using Your Personal Data
We may use your personal data as follows:
to operate, maintain, and improve our Site, products, and services;
to manage your account, including to communicate with you regarding your account, if you have an account on our Site;
to operate and administer our rewards program and other promotions you participate in on our Site;
to respond to your comments and questions and to provide customer service;
to send information including technical notices, updates, security alerts, and support and administrative messages;
with your consent, to send you marketing e-mails about upcoming promotions, and other news, including information about products and services offered by us and our affiliates. You may opt-out of receiving such information at any time: such marketing emails tell you how to “opt-out.” Please note, even if you opt out of receiving marketing emails, we may still send you non-marketing emails. Non-marketing emails include emails about your account with us (if you have one) and our business dealings with you;
to process payments you make via our Site;
as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others;
for analysis and study services; and
as described in the “Sharing of your Personal Data” section below.
6. Sharing Your Personal Data
We may share your personal data as follows:
Third Parties Designated by You. We may share your personal data with third parties only where you have provided your consent to do so.
Our Third Party Service Providers. We may share your personal data with our third party service providers who provide services such as [data analysis, payment processing, information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services] Third Party Sites
Our Site may contain links to third-party websites and features. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to them
7. User Generated Content
You may share personal data with us when you submit user generated content to our Site, [including via our rewards program, forums, message boards and blogs on our Site]. Please note that any information you post or disclose on our Site will become public information, and will be available to other users of our Site and to the general public. We urge you to be very careful when deciding to disclose your personal data, or any other information, on our Site. Such personal data and other information will not be private or confidential once it is published on our Site.
If you provide feedback to us, we may use and disclose such feedback on our Site. We will collect any information contained in such feedback and will treat the personal data in it in accordance with this Policy.
8. International Data Transfer
Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us outside the country in which you reside, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By accepting this Policy, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
We seek to use reasonable organizational, technical and administrative measures to protect personal data within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us.
We will only retain your personal data for as long as is reasonably required for you to use the Site until you close your account/cancel your subscription unless a longer retention period is required or permitted by law (for example for regulatory purposes).
11. Out Policy on Children
Our Site is/are not directed to children under 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable.
12. Your Rights
Opt-out. You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive personal data; (iv) any new processing of your personal data that we may carry out beyond the original purpose; or (v) the transfer of your personal data outside the EEA. Please note that your use of some of the Site may be ineffective upon opt-out.
Access. You may access the information we hold about you at any time via your profile/account or by contacting us directly.
Amend. You can also contact us to update or correct any inaccuracies in your personal data.
Move. Your personal data is portable – i.e. you to have the flexibility to move your data to other service providers as you wish.
Erase and forget. In certain situations, for example, when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data.
If you wish to exercise any of these rights, please contact us. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.
We are committed to resolving any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Policy or our practices in relation to your personal data, please contact us at: [email protected] We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however, if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
14. Contact Information
You may contact us in writing at PO Box 1274, Talkeetna, Alaska 99676.
Shannon L. Post, Inc.
Client Engagement Agreement
This Agreement (“Agreement”) is entered into and effective as of the date of submission, (the “Effective Date”) by and between, Shannon L. Post, Inc. ("Company/company," "Coach/coach," "I," or "Me/me"), having a mailing address of PO Box 1274, Talkeetna, Alaska 99676 and an email address of [email protected] and you ("Client" or "You/yours"), having a mailing address and an email address as provided in your registration. Client, Coach and Company may herein be referred to as the “Parties” or “we”.
Accordingly, the Parties agree as follows:
1. Scope of Services
You agree to hire me to provide individual or group coaching as the scope of which is further outlined in Exhibit A annexed hereto and made an integral part hereof ("Services"). You acknowledge and agree that all Services, all parts thereof, or deliverables, including but not limited to calls, bonuses, indexes, reports, sessions, products or services not used, redeemed, claimed or scheduled by you prior to the end of the Term shall be forfeited. For the avoidance of doubt, having unused or unredeemed balance in the number of calls, bonuses, indexes, reports, sessions, products or services shall not constitute an extension of the Term.
The Client agrees that all required prerequisites have been satisfied prior to the commencement of the Services as indicated in Exhibit A hereof, under Section 1 Scope of Services (“Scope of Services”), Prerequisites (“Prerequisites”). In the event that the Prerequisites have not been satisfactorily completed, the Coach has the right to terminate this agreement pursuant to Section 5 Termination (“Termination”) of this Agreement.
You agree to provide a minimum of twenty-four (24) hours notice of written email cancellation for all scheduled meetings. Client is considered a no-show if they do not attend the appointment ten (10) minutes after the appointment start time. No-shows or meetings canceled with less than twenty-four (24) hours notice will not be rescheduled or refunded.
I agree to provide a minimum of twenty-four (24) hours notice if I need to move a scheduled meeting to another time. If I am unable to provide twenty-four (24) hours notice, I will reschedule our appointment and provide an additional bonus hour of coaching as compensation.
3. Client Responsibilities
(a) Compensation: In consideration for the Services; you agree to make payments as specified in Exhibit A hereof, under Section 2 Client Responsibilities, Compensation.
By signing this Agreement, you authorize me to process your credit card as compensation for Services. At my sole discretion, I reserve the right to suspend or cancel services, special reserved pricing or discounts as a result of any late or outstanding remittance. Late remittance will be assessed a penalty of ten percent (10%) of the installment amount each month. My obligation to render services is conditioned upon timely receipt of funds.
(b) Provided by Client: You agree to provide all materials, transportation, information, and documentation that may be needed to effectively perform the responsibilities in connection with the Services
(c) Additional Client Responsibilities: You agree that you are at least 18 years of age. You understand and agree that you are fully responsible for your well being during, after and between our coaching calls. You agree that you are responsible for any and all choices and decisions that you make.
I go above and beyond to ensure your success during this engagement. If you experience a problem, you agree to bring it to my attention in writing or over the phone, and allow me to resolve the problem before taking other actions including, but not limited to, refusing a credit card transaction or taking legal action. You agree to resolve any problems with me confidentially and not engage in public discussions, posting on social media, print, the internet or other media channels, or take other actions that may negatively impact my businesses. I agree to do the same under Section 6 Confidentiality.
Your active participation in the creative coaching process is vital to the success of this engagement. You are expected to complete any assignments to the best of your abilities, and ask for help or adjustments when needed. You agree to communicate honestly and respectfully throughout the coaching process.
The term of this Agreement shall be as indicated in Exhibit A under Section 3 Term.
You may terminate this agreement and discontinue use of the Services at any time by providing notice in writing, however, no portion of payments will be returned. You remain responsible for the entire financial investment of the entire engagement laid out in this Agreement, in spite of termination. If you are using an installment plan, you are responsible for either continuing your installments or paying the remainder balance in full.
By signing this Agreement, you agree to these terms and agree not to initiate a chargeback or similar refusal procedure on any credit cards or another form of payment for any reason. Should a dispute over payment arise, you agree that resolution shall first be attempted between you and me.
I may cancel this Agreement at any time for any reason by providing written notice to you. In the event that I cancel this Agreement, I will provide a prorated refund of the amount collected for which Services have not been rendered minus any approved, unpaid expenses incurred on your behalf.
(a) Any and all of your information and data of a confidential nature (hereinafter referred to as “Client Confidential Information”), will be treated by me in the strictest confidence and not disclosed to third parties or used by me for any purpose other than for providing you with the Services specified hereunder without your express written consent.
(b) During the term of this agreement, I will take all reasonable steps to maintain the confidentiality of your identity and information. However, there is an inherent risk in all forms of electronic communication, and communications between you and I that may be unlawfully intercepted by third parties, and not under our control. I do not guarantee the security of any information transmitted via the internet, telephone, text message or other technological means. Any efforts you undertake to communicate with me are done at your own risk. You may authorize me to disclose your information to a third party by doing so in writing.
Client Confidential Information will not include any information that (aa) becomes available to the public through no breach of confidentiality by me, (bb) was in my possession prior to receipt from the disclosure, (cc) is received by me independently from a third party free to disclose such information, or (dd) is independently developed by me without use of the Client Confidential Information. On request, I will promptly return all documents containing Client Confidential Information. Notwithstanding the preceding, I may disclose certain information provided by you during the term of this Agreement, or gleaned from your use of the Service, when necessary to prevent foreseeable imminent harm to you or another person or as otherwise required by law.
I agree to bring any problem or issue that arises to your attention in writing or over the phone, and allow you to resolve the problem before taking other actions including, but not limited to canceling your engagement or taking legal action. I agree to resolve any problems confidentially and not engage in public discussion, posting on social media, print, the internet or other media channels, or take other actions that may negatively impact you.
7. No Guarantees
I cannot guarantee the outcome of the Services, and my comments about the outcome are expressions of opinion only. I make no representations other than that the Services described in Section 1 Scope of Services will be provided to you in accordance with the terms of this Agreement. You acknowledge that I cannot guarantee any results for the Services as such outcomes are based on subjective factors that cannot be controlled by me. You understand that I am not a licensed medical professional, mental health professional, legal advisor, or financial advisor and my Services are not a substitute for medical treatment, mental health treatment, legal, or financial advice. I cannot diagnose illnesses nor prescribe medication.
8. Moral Turpitude
The Company shall have the right, at its sole and absolute discretion, to terminate this Agreement immediately in the event that you:
(i) say, post or upload on any social media or online platform, or do anything that is or shall be an offense under federal, state or local laws, which brings you or the Company into public disrepute, contempt, scandal or ridicule, which insults or offends the Company, or which might tend to injure the success of any of Company’s products or services, or that may be perceived as racist or discriminatory with respect to size, race, skin color, sexual orientation, ability, religion, socioeconomic or any other identity as well as discrimination, or disparaging of underprivileged or underrepresented communities, misogyny, homophobia, transphobia, fatphobia, ableism, antisemitism, xenophobia or other harmful systems of hierarchy;
(ii) say, post or upload on any social media or online platform, or do anything that is inconsistent with, in contravention of, or in violation of the Shannon L. Post Values as provided in https://www.discoverwhatyouwereborntodo.com/about.
(iii) make any statement publicly to the press or otherwise that is likely to become public, which is critical of or otherwise defames or disparages the Company or its products and services.
In the event that the Company exercises the foregoing termination right, you acknowledge and agree that you shall be responsible for paying the Company as if this Agreement was terminated by YOU under Section 5 Termination hereof.
The Company’s decision on all matters arising under this provision shall be conclusive and shall be based on Company’s reasonable judgment, provided that the Company’s decision to terminate hereunder must be exercised, if at all, not later than forty-five (45) days after the facts giving rise to such right are brought to Company’s attention.
9. Ownership of Intellectual Property Rights
All material and information provided by me as part of the Services is proprietary and comprises intellectual property owned solely by me. I maintain exclusive, worldwide right, title, interest, ownership and all subsidiary rights, including all rights accruing to me under the United States Copyright Act, in and to all works of authorship and all copyrights, patents, trade secrets and any other intellectual property rights, business concepts, plans and ideas, reports, manuals, visual aids, documentation, inventions, processes, proposed products, Services, techniques, marketing ideas, and commercial strategies, that have been or will be created by me (“the Work”), for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. You do not have permission to use, reproduce, distribute or create derivative works based on the Work.
All material, writing, original work and information provided by you, the Client as part of the Service is proprietary and comprises intellectual property owned solely by you, the Client. You, maintain exclusive, worldwide right, title, interest, ownership and all subsidiary rights, including all rights accruing to you under the United States Copyright Act, in and to all works of authorship and all copyrights, patents, trade secrets and any other intellectual property rights, business concepts, plans and ideas, reports, manuals, visual aids, documentation, inventions, processes, proposed products, services, techniques, marketing ideas, and commercial strategies, that have been or will be created by you (“Client Work”), for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. I, the Coach, do not have permission to use, reproduce, distribute or create derivative works based on the Client Work.
In the event of any conflict or inconsistency between the provisions of this Agreement and any other contract or agreement, the provisions of this Agreement shall govern.
11. Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and will not affect the construction or interpretation of any of its provisions.
12. Force Majeure
The Company is not liable for failure or delay in performance of the obligations under this Agreement, if such failure or delay in performance is a result of causes and/or circumstances beyond my reasonable control, and without fault or negligence, including but not limited to personal circumstances, weather, or technical failure.
Should any such occurrence impede the execution of any obligation under this Agreement, every reasonable effort will be made by me to mitigate, modify or alter this Agreement to meet the stated and agreed on obligations. I am not entitled to terminate this Agreement under Section 5 Termination in such circumstances, except by mutual consent and agreement in writing. Should Force Majeure render the need for my Services null and void, you agree to terminate the contract amicably and bear your own expenses incurred to date unless otherwise indicated or specified.
13. Entire Agreement; Modification; Waiver
This Agreement constitutes the entire agreement between us pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement will be binding unless executed in writing by all parties. No waiver or non-enforcement of any of the provisions of this Agreement will be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver will be binding unless executed in writing by the party making the waiver.
14. Neutral Construction
This Agreement was prepared by the Company. It is expressly understood and agreed that this Agreement will not be construed against the Company merely because it was prepared by its agents; rather, each provision of this Agreement will be construed in a manner that is fair to both parties.
This Agreement may be executed in one or more counterparts, which shall collectively be deemed an original and the same document. Electronic signatures shall be deemed original signatures for the purpose of this Agreement and shall have the same effect as original signatures. Names or signature blocks on an email shall not constitute a binding signature to this Agreement.
This Agreement will be binding on, and will inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that you may not assign any of your rights under this Agreement, except to a wholly owned subsidiary corporation of your own. No such assignment by you to your wholly owned subsidiary will relieve you of any of your obligations or duties under this Agreement.
17. Limitation of Liability
(a) In no event will the Company have any liability to the Client for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not the Client has been advised of the possibility of such damage; and (b) in no event will the Company’s liability exceed the fees paid under this agreement, whether in contract, tort or under any other theory of liability.
Any notice required or permitted to be given hereunder shall be sufficient if in writing and if sent to a Party by a nationally recognized overnight courier service or through email transmission.
19. Governing Law; Venue and Mediation
This Agreement will be governed by the laws of the State of Alaska. Each Party agrees to submit to the exclusive jurisdiction of the courts located in the Third Judicial District of the State of Alaska over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement. The parties acknowledge that disputes brought before the Court may be referred to mediation prior to trial. Both parties agree to participate in mediation proceedings if recommended by the court.In the event of any dispute over the terms of this Agreement, the prevailing Party will be entitled to reasonable attorneys’ fees, costs, and expenses. Furthermore, the parties waive any and all rights to trial by jury in any action, suit or counterclaim arising in connection with, out of, or otherwise relating to this Agreement.
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated.
By selecting “Yes,” you are executing this Agreement in full.
Exhibit A | Single Private VIP Session (Ad hoc)
1. Scope of Services
- 1 private coaching call (60 minutes)
- 30-days of priority access to me via email & text
The Services will be delivered via phone unless mutually agreed by the Parties.
2. Client Responsibilities
(a) Compensation: In consideration for the Services outlined under paragraph 1 Scope of Services; you agree that a non-refundable payment of $397.00 USD is required to secure your engagement.
The term of this Agreement shall begin on the date of purchase and shall continue for a period of 30 days after the scheduled appointment.
Purchased session must be used within 365 days of the date of purchase.