COACHING SERVICES AGREEMENT

Effective Date: January 1, 2022

The parties to this legal Agreement are you, and the owner of the n1.training website business, N1 Education.  If you are not acting on behalf of yourself as an individual, then “you”, “your”, and “yourself” means your company or organization or the person you are representing.  All references to “we”, “us”, “our”, “this website” or “this site” shall be construed to mean the n1.training website business and N1 Education, including the employees of N1 Education, Inc.   

The legal Agreement between you and N1 Education consists of this Coaching Services Agreement, plus our Terms of Use and Privacy Policy which are incorporated herein and accessible on this site’s home page.  If there is any conflict between this Coaching Services Agreement and the Terms of Use, this Coaching Services Agreement shall take precedence. 

We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through a link on this site’s home page and/or by giving you prior notice of a modification.  You should check this Agreement periodically for modifications by scrolling to the bottom of this page for a listing of material modifications and their effective dates. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.

COACHING SERVICES

Subscriptions are not available to minors under the age of 18 years of age, without explicit consent from a parent or legal guardian, and any user that has been suspended or removed from the system.

Subscription services include email correspondence pertaining to the coaching service within the scope outlined on the site, including but not limited to; replies to questions, providing suggestions, and delivery of documents to the individual within the scope of the coaching agreement (“Services”).  We reserve the right to update and modify the Services from time to time.

Subject to the terms and conditions of this Agreement, our Terms of Use, and our Privacy Policy, you may access and use this site’s Services, but only for your own personal purposes.  All rights not expressly granted in this Agreement are reserved by us and our licensors.

You are not authorized to (1) resell, sublicense, transfer, assign, or distribute the site, its Services or content; (2) modify or make derivative works based upon the site, its Services or content.

The material provided on this site and via our Services is protected by law, including, but not limited to, United States copyright law.  The copyrights and other intellectual property rights in this material are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved. 

The term of your Services subscription shall be specified during the registration process.  

You agree that we may terminate your account and access to the Services for cause without prior notice, upon the occurrence of any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site or Services.  Termination of your account includes (1) removal of access to all Services, and (2) deletion of your login data, password, and all related information. Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you or any third-party for any termination of your account or access to Services.  If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees or other amounts to you. 

You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services, this Agreement is subject to termination for cause.  You agree to immediately notify us of any unauthorized use of your login ID, password, or account or any other breach of security should you become aware of such an occurrence. 

CANCELLATIONS, REFUNDS, RECURRING FEES AND ROSCA DISCLOSURE

You agree to pay fees as specified in the registration process and acknowledge the 4 month minimum commitment ($1,600 USD).  Payment of fees may be by credit card online at this site, or by any other method approved by us.  Fees are non-refundable, unless expressly provided otherwise on this site. If for any reason we are unable to charge your credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your credit card, you agree that we may pursue all available remedies to pursue payment, including without limitation, suspension or termination of your account and rights to all Services from this site.

Any refund requests for coaching within the first 30 days of payment will be considered on a case by case basis and at the sole discretion of N1 Education.  Refund requests must be submitted within 30 days of purchase by sending a request to [email protected] or [email protected]. Absolutely no refunds will be given after 30 days from the payment processing date.

In accordance with the Restore Online Shoppers Confidence Act (ROSCA), you hereby authorize N1 Education to charge the credit card used in the registration process, as follows:  charges will be for the dollar amount and for the billing periods that are specified in the registration process. If the credit card authorization fails, we will request updated credit card information.  However, if you do not provide updated credit card information that successfully authorizes within 72 hours after notice, we may terminate your account and rights to all Services from this site.

You may cancel future billings and terminate your membership at any time by accessing the Account Dashboard in the Member Zone. If requesting to have future billings cancelled for you by N1 Education email [email protected] or [email protected] with no less than 48 hours notice before the next billing cycle. If the cancellation request takes place before the 4 month minimum commitment is complete, you will be charged for the outstanding balance of $1,600 USD minus any previous payments before your membership is cancelled.

LICENSE FOR USE OF CONTENT

Subject to the terms of this Agreement, You are granted non-exclusive rights to download and use the PDF files created by the individual(s) providing the coaching service(s) (“Content”) only for non-prescriptive purposes for your own personal use at your discretion.

You may copy the Content for archival purposes, provided that any copy must contain the original Content’s proprietary notices in unaltered form.  You may not: (1) permit others to use the Content; (2) modify or translate the Content; (3) remove or obscure any proprietary rights notices or labels on the Content; or (5) resell, sublicense, or use the Content for any commercial use or purpose.

TECHNICAL SUPPORT

We shall answer questions by email during our normal business hours regarding the use of the Services and Products at the address [email protected].

DISCLAIMERS

NOT ALL EXERCISES ARE SUITABLE FOR EVERYONE. TO REDUCE THE RISK OF INJURY, CONSULT YOUR DOCTOR BEFORE BEGINNING ANY EXERCISE PROGRAM.  THE INSTRUCTION PRESENTED HEREIN IS IN NO WAY INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING. IF YOU HAVE ANY SPECIAL MEDICAL CONDITIONS, FOLLOW ALL PRECAUTIONS.  THE INFORMATION PROVIDED REGARDING EXERCISES CONTAINED HEREIN ARE NOT INTENDED TO REPLACE PRECAUTIONS ADVISED BY YOUR DOCTOR.

THIS WEBSITE AND EMPLOYEES OF N1 EDUCATION ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE. IF YOU ARE BEGINNING OR PARTICIPATING IN A HEALTH OR WEIGHT LOSS REGIMEN, CONSULT YOUR PHYSICIAN BEFORE USE OF PRODUCTS OR SERVICES DISCUSSED ON THIS SITE OR MAKING ANY DIETARY CHANGES.  ALL INFORMATION PROVIDED IN AND THROUGH THIS WEBSITE, OR VIA CORRESPONDENCE WITH SERVICE PROVIDERS THROUGH N1 EDUCATION, IS INTENDED SOLELY FOR GENERAL INFORMATION AND SHOULD NOT BE RELIED UPON FOR ANY PARTICULAR DIAGNOSIS, TREATMENT, OR CARE. STATEMENTS MADE ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR ANY GOVERNMENT REGULATORY BODY.

EVERYTHING POSTED ON THIS SITE ARE THE VIEWS OF OTHERS AND HAVE BEEN SUBMITTED TO US. THE VIEWS EXPRESSED ON THIS SITE ARE SOLELY THOSE OF THE AUTHORS OR PRESENTERS AND DO NOT IN ANY WAY REFLECT OUR VIEWS ON ALL SUBJECT MATTER. THIS SITE IS SOLELY A PROVIDER OF USEFUL ARTICLES, VIDEOS, AND CONTENT AND HEREBY DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OR INJURY OR OTHER HARM ARISING FROM THE USE OF THE INFORMATION ON THIS WEBSITE. WE ARE NOT OBLIGATED TO UPDATE ANY INFORMATION ATTRIBUTABLE TO 3RD PARTY AUTHORS OR PRESENTERS.

In the course of receiving the Services from N1 Education, by submitting photos or videos to any of our company email addresses or direct upload to the site, you license N1 Education rights to archive and potentially reuse such media at our discretion.  Such reuse may include, but is not limited to, marketing campaigns and promoting the Services and Content.

You agree that all non-public information that we provide regarding the Services, including without limitation, our pricing, marketing methodology, service practices and processes, and business processes, is our proprietary confidential information.  You agree to use this confidential information only for purposes of exercising your rights as our customer while in strict compliance with this Agreement, and you further agree not to use or disclose this confidential information.

Registration is required for you to establish an account at this site.  You agree (1) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form (“Registration Data”), and (2) to maintain and update such Registration Data as required to keep such information current, complete and accurate.  You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in its sole discretion, to suspend or terminate rights to use your account.  Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to (1) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (2) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.

Non Disclosure Agreement – The Plain and Simple Summary

The plain and simple summary of what you are agreeing to by completing your purchase of the Membership and Services offered on this site (The Content) which is offered by N1 Education, Inc. (N1 Education) under the N1 Training brand.

You shall not to share, distribute, or otherwise disseminate The Content contained in these products. You may, and are encouraged to, apply such information for your personal use.
You shall not attempt to re-teach The Content in any manner that might otherwise compete with or diminish the business of N1 Education, whether or not such action is in return for compensation. Including but not limited to; teaching a seminar, training camp, or webinar; writing articles or blogs, posting social media content (text or video), etc.
You will retain any downloadable content for your personal records only and are obligated to protect the confidentiality of such materials that pertain to The Content (don’t post it on social media or your website)
It is your responsibility not to share your login credentials with anyone. If we determine that others have been logging in to your account and accessing The Content without the expressed permission from N1 Education, we reserve the right to terminate your account access and no refunds will be issued.

Non Disclosure Agreement – The “Legalese” Version:

This Nondisclosure Agreement (the “Agreement”) is entered into by and between N1 Education, Inc. (“Disclosing Party”)and you (“Receiving Party”), upon completion of your purchase of the selected product(s), for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information (“Confidential Information”).

1. Definition of Confidential Information. For purposes of this Agreement, “Confidential Information” shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged. If Confidential Information is in written form, the Disclosing Party shall label or stamp the materials with a branded watermark or some similar warning. Confidential Information transmitted via video, text, or audio mediums within the product(s) is considered included in this agreement.
2. Exclusions from Confidential Information. Receiving Party’s obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party’s representatives; or (d) is disclosed by Receiving Party with Disclosing Party’s prior written approval.
3. Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party’s own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. This includes sharing or teaching in return for any compensation from third parties.
4. Time Periods. The non disclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.
5. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.
6. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.
7. Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties.
8. Waiver.The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
   This Agreement and each party’s obligations shall be binding immediately upon completion of registration by Receiving Party and payment to obtain access to the Confidential Information provided by the Disclosing Party.