Terms of Use
Last updated: 7/29/2024
Carolina Zuleta offers individual and group coaching and training products and services ("programs") on https://carozuleta.com to you our valued customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
Fulfillment Policy
Pricing
Pricing for each program is customized for each client and is agreed upon prior to fulfillment of payment. The specific pricing is included in the unique checkout page for each client.
All prices are in USD.
Cancellation
You may cancel a coaching service at any time but will not be entitled to a refund for any uncompleted coaching sessions. If a payment plan was agreed to but payment in full has not been received upon the date of cancellation, the amount owed for the agreed upon package must still be completed.
Once payment for a program has been fulfilled there will be no refund. The program will begin within the subsequent two weeks of payment completed by customer. All programs are delivered online by way of Zoom.
Individual coaching sessions will not be rescheduled if cancelation notice provided is less than 24 hours prior to scheduled session.
Security
This website and checkout pages are hosted on the Kajabi platform and processed by Stripe, Inc. For more information on PCI compliance please visit https://legal.kajabi.com/policies/kajabi-payments
Customer Service
For all questions related to programs, payment plan and support related inquiries you may contact us at info (at) carolinazuleta (dot) com.
*The below Terms of Use apply to the content and functionality of the Site.
1. Use of the Site
Carolina Zuleta provides personal coaching programs to individuals and groups. The content provided on this site, including text, graphics, images, and information, is for informational purposes only and is not intended to be a substitute for professional advice.
You may give us information about yourself when you visit carolinazuleta.com or carozuleta.com. Our Privacy Policy explains our practices with respect to that information. We may need to send you email in order to, for example, provide resources or important information. You authorize us to send those messages when you visit the website, provide your contact details or purchase coaching programs.
2. Carolina Zuleta IP
As between you, the Website and Carolina Zuleta exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained on the Website (collectively, "Carolina Zuleta IP"). Carolina Zuleta is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Carolina Zuleta IP not expressly granted to you in these Terms of Use are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to the Business or our products or programs ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Carolina Zuleta has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
3. Access to the website
Carolina Zuleta grants you a limited, revocable, non-exclusive, non-transferable license to access the Website. This license does not include a right to use any of the content and information, including service listings. Your permissions and/or licenses are automatically terminated by any unauthorized use.
4. Programs, Content and Specifications
Details of the programs and programs available for purchase upon request and are set out on the website and/or resources provided. All features, content, specifications, products and prices of products and programs described or depicted on the Website or resources provided are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown or discussed, and the appearance of a product in reality may differ from its appearance to you on the Website or resources delivered. The inclusion of any products or programs on the Website or related resources at a particular time does not imply or warrant that these products or programs will be available at any time. Occasionally, the delivery of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised schedule. By purchasing a product or service, you represent that the coaching rendered will be applied only in a lawful manner.
5. Programs
a. Coaching Program Terms.
We may offer you the ability to purchase coaching programs to be paid in full prior to the first coaching session, or in two equal payments; the first installment to be completed prior to the first scheduled session and the second installment completed no more than one month following the first session unless otherwise agreed to in writing. Terms specific to a coaching service will be disclosed to you at or prior to the time at which you purchase the service, and by purchasing the service you are agreeing to those terms.
6. Your account
We may require that you create an account on the website or submit information by way of a payment link to make purchases. If we do so, you must provide accurate information about yourself when you make purchases or create an account and ensure that you update us if that information changes. You must ensure that your login details and payment information remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
7. Program Disclaimer
We provide the website, Carolina Zuleta IP and Carolina Zuleta Products or Programs "as is" and "as available", without any express, implied, or statutory warranties of title, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Carolina Zuleta or obtained by you from or through the Website - whether from Carolina Zuleta or another entity, and whether oral or written - creates or implies any warranty from Carolina Zuleta to you.
Carolina Zuleta disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Website; (b) that the products/programs will meet your specific needs or requirements; (c) that the website will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Carolina Zuleta will correct any defects or errors on the website; or (e) that the website is free of viruses or other harmful code. Use of data, products or programs that you access, purchase or download through the website is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
8. Limitation of Liability
Under no circumstances will Carolina Zuleta be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Website or for the unavailability of the Website, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Website, even if such damages are foreseeable, and whether or not you or the Carolina Zuleta has been advised of the possibility of such damages. Carolina Zuleta is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the website or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Carolina Zuleta further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the website inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the website; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the website; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by Carolina Zuleta in relation to the website, website IP, products and programs to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Carolina Zuleta during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
9. Disputes
a. Binding arbitration
In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from these Terms of Use, but specifically excluding any dispute principally related to either party's intellectual property (which such dispute will be resolved in litigation before the United States District Court for the Northern District of California), will be determined by arbitration in San Francisco, California before a single arbitrator. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association's Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 (exclusive of interest, attorneys' fees and arbitration fees and costs). Where no party's claim exceeds $25,000 (exclusive of interest, attorneys' fees and arbitration fees and costs), and in other cases in which the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association's Commercial Arbitration Rules will apply. The arbitrator will apply the substantive law of the State of California, exclusive of its conflict or choice of law rules. If the American Arbitration Association is no longer in business, or refuses or declines to administer any dispute between the parties brought before it, either party may petition the United States District Court for the Northern District of California to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms of Use.
Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.
b. Service of Process
b. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms of Use will affect the right of any party to serve process in any other manner permitted by law.
c. Class Waver
To the fullest extent permitted by law, each of the parties agrees that any dispute arising out of or in connection with these Terms of Use, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms of Use or any of the transactions contemplated between the parties.
d. Provision of an Award
Subject to the limitations of liability identified in these Terms of Use, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of California. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the "Award") to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in San Francisco, California. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.
e. Fees
Each party will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms of Use, the arbitrators will award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.
c. Confidentiality:
The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
g. Conflict of Rules
In the case of a conflict between the provisions of this Section 11 and the rules governing arbitration identified in Section 11.a, the provisions of this Section 11 will prevail. If any provision of these Terms of Use to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by law and all the other provisions will remain valid and enforceable.
10. Applicable Law
By using the website, you agree that the laws of the state of California, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Stripe.
11. Modification and Severability
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the website by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the "Last updated" date at the top of the page.
If you have any questions, concerns or complaints about the Terms of Use, please contact us by accessing the "Let's Talk" link and completing the form.
