STACEY SMITH COACHING, LLC

TERMS AND CONDITIONS OF USE

PLEASE NOTE THAT THIS AGREEMENT HAS SPECIFIC TERMS REGARDING EU/EEA/UK RIGHTS OF WITHDRAWAL. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT ACKNOWLEDGE THESE TERMS NOR ACCESS THE COMPANY’S WEBSITE OR CONTENT.

Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any Stacey Smith Coaching, LLC or https://staceyboehman.com (“Website”) digital or downloadable resources, online course, one-on-one or group coaching, class, program, pre-enrollment promotional program or offer, workshop, or training, video, member portal(s), enter any online private forums operated by Stacey Smith Coaching, LLC (for any purpose), whether on a website hosted by Stacey Smith Coaching, LLC or a third-party website such as an online course platform or Facebook.com, participate in any workshop or challenge; attend any live (in-person) or virtual event hosted or promoted by Stacey Smith Coaching, LLC; and/or purchase or take part in any future service or activity offered by Stacey Smith Coaching, LLC, whether now known or unknown (collectively “Boehman Activities” or the “Program”).

If you do not agree with these TOU, you may not use the Website or its Content.

As used in these TOU, the term “Releasees” is defined to include the following: (i) Stacey Smith Coaching, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, “Boehman” or “the Company”); (ii) any volunteers; and (iii) Stacey Smith a/k/a Stacey Boehman.

1. The Program

As part of the Boehman Activities you select at checkout, you will receive the services outlined on the web page where you register for the Program. Company reserves, in its sole right and discretion, the right to adjust the Program offerings or pricing at any time. Except as otherwise expressly provided for in these TOU, any adjustments to the Program will take effect following notice to you.

2. Participants

If you wish to participate in another session of the Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.

The Website, Content, and Boehman Activities are intended and only suitable for individuals aged 18 and above. Some of their content may not be appropriate for children. Children under the age of 18 are not permitted to use the Websites or Content. Boehman hereby disclaims all liability for use by individuals under the age of 18.

The Website and Content, and Boehman Activities are intended for life coaches, as further explained in the Refund Policy below and on Company’s Website.

3. 200k and 2 Million Dollar Group Early Enrollment Program Offers / Special Program Offers

From time to time, Boehman may offer participants of the 200k Mastermind and 2 Million Dollar Group promotional pricing, early enrollment, and early access to specific services outlined on Boehman’s webpage for registration, for a temporary period of time (“Promotional Offer”).

If you accept the Promotional Offer by taking the required steps (i.e., Submitting a Program application and paying the required Application Fee) then you agree that these TOU will apply to the Promotional Offer unless otherwise detailed on the webpage where the services of the Promotional Offer shall be outlined. Please note that you are subject to any additional terms set out for the Promotional Offer, whether said terms are outlined on the Company’s webpage or otherwise (i.e., email), and those terms shall be incorporated into this Agreement.

Application details, Application Fees, refund policy details and the like for the Promotional Offer, will also be detailed and outlined on the Company’s webpage for registering for the specific Program(s) offered for the Promotional Offer.

4. Application Process and Fees

Unless otherwise mentioned for a Promotional Offer, in order to participate in Boehman Activities, you must complete and submit an application, along with a $1,000 application fee for the 200k Mastermind Program and a $2,000 fee for the 2 Million Dollar Group Program (“Application Fee”). The application will be reviewed by Boehman. If Boehman believes, in its sole right and discretion, that your application is satisfactory and that you are a great fit for Boehman Activities, Boehman will provide you with a URL link to Boehman’s registration page, at the email address you’ve provided in your application. If you fail to pay the required Program fees upon registration, further detailed in Paragraph 5 of these TOU, your acceptance into the Boehman Activities will be revoked and you will have the opportunity to reapply for acceptance into the Boehman Activities when advertised.

In the event you are not accepted into the Program, Boehman will issue you a refund of your Application Fee, further detailed in Paragraph 6 of these TOU.


5. Payment 

You agree to the fees and payment schedule selected at checkout.

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to Boehman, without any additional authorization, for which you will receive an electronic receipt.  You also agree that Boehman is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

Other than for Promotional Offers where participants are granted access to the Program(s) immediately upon payment to Boehman, or as otherwise stated for any of Boehman Activities, payment in full is required before you are permitted to participate in any Boehman Activities. For all Programs not offered as a Promotional Offer, if payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content immediately and permanently.  

Regarding Promotional Offers, if you are late on payments, Company will immediately revoke your access to the member portal however, Company will grant you access to the member portal again if you pay all delinquent payments before the Program’s Live event.

If you fail to make any payment in a timely manner (on the date in which payment is due) or voluntarily withdraw from the Boehman Activities at any time or for any reason, you will remain fully responsible for the full cost of the Boehman Activities and all payments in any payment plan you have chosen, unless otherwise mentioned within these TOU. The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

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6. Refunds

Your satisfaction with the Program is important to us. The refund policies for Boehman Activities are outlined below.

a. Application Fee: In the event you are not accepted into any of the Company’s Programs that have an Application Fee, Company will issue you a full refund of your Application Fee, unless otherwise stated within these TOU. The Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you are accepted into any of the Company’s Programs that have an Application Fee, you will not be eligible for a refund of your Application Fee.

b. Refund Policy for 2k for 2k programs: To receive a refund, you must not have earned back your $2,000 Program investment and you must request a refund by emailing the Company at 2ksupport@staceyboehman.com. If you earned back your $2,000 Program investment fee that you’ve paid to the Company to participate in the Program, you will not be issued a refund.

In all other cases, you will not be granted a refund.

Upon determining that you are to be issued a refund, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

Upon receiving your requested refund, you understand and agree that you will not be able to re-join any Company Program in the future.

c. Refund Policy for 200k Mastermind Programs: In order to receive a refund, you must: (1) complete the Program (from commencement to conclusion); (2) submit a written request for a refund to 200ksupport@staceyboehman.com within 48 hours of losing access to the Program member portal; (3) complete 180 days straight of self-coaching; (4) create 50 intentional thought creations; (5) attend all the live calls; (6) attend and participate in at least 6 peer coaching calls with different coaches; (7) submit at least 26 requests to be coached on selling your simple offer in Boehman’s private Facebook group and (8) not have earned back your $25,000 investment, which was the payment that was due to Boehman upon registering for the participation in the Boehman Activities.

In all other cases, you will not be granted a refund.

Upon determining that you have met all of the requirements detailed above for your refund request to be honored, Boehman will promptly issue an instruction to its payment processor to issue the refund. Boehman does not control its payment processor and will not be able to expedite any refunds.

Upon receiving your requested refund, you understand and agree that you will not be able to re-join any Boehman Activities in the future.

d. Refund Policy for 2 Million Dollar Group Program: In order to receive a refund, you must: (1) have fully completed the Program (from commencement until conclusion), (2) have attended the Program’s two (2) quarterly meetings; (3) send a written request for a refund to 2mdgsupport@staceyboehman.com within 48 hours of completing the Program; and (4) not have earned back your $50,000 investment, which was the payment that was due to Boehman upon registering for the participation in the Boehman Activities.

In all other cases, you will not be granted a refund.

Upon determining that you have met all of the requirements detailed above for your refund request to be honored, Boehman will promptly issue an instruction to its payment processor to issue the refund. Boehman does not control its payment processor and will not be able to expedite any refunds.

Upon receiving your requested refund, you understand and agree that you will not be able to re-join any Boehman Activities in the future.

e. 200K and 2 Million Dollar Group Promotional Program Offers / Special Program Offers: Your satisfaction with the Program is important to us. Please note, whether there are payments that you’ve missed or if you’ve opted for monthly payments to participate in the Promotional Offer, all monthly payments are nonrefundable, and you will only have up until the Live event held as part of the Program to make payment towards any delinquent or monthly payment you’ve missed.

To receive a refund of the Program fee, you must meet all of the following requirements:

i. 200K Mastermind Program: In order to receive a refund, you must: (1) complete the Program (from commencement to conclusion); (2) submit a written request for a refund to 200ksupport@staceyboehman.com within 48 hours of completing the Program; (3) complete 180 days straight of self-coaching; (4) create 50 intentional thought creations; (5) attend all the live calls; (6) attend and participate in at least 6 peer coaching calls with different coaches; (7) submit at least 26 requests to be coached on selling your simple offer in Boehman’s private Facebook group and (8) not have earned back your $25,000 investment.

In all other cases, you will not be granted a refund.

Upon determining that you have met all of the requirements detailed above for your refund request to be honored, Boehman will promptly issue an instruction to its payment processor to issue the refund. Boehman does not control its payment processor and will not be able to expedite any refunds.

Upon receiving your requested refund, you understand and agree that you will not be able to re-join any Boehman Activities in the future.

ii. 2 Million Dollar Group: In order to receive a refund, you must: (1) have fully completed the Program (from commencement until conclusion), (2) have attended the Program’s two (2) quarterly meetings; (3) send a written request for a refund to 2mdgsupport@staceyboehman.com within 48 hours of completing the Program; and (4) not have earned back your $50,000 investment.

In all other cases, you will not be granted a refund.

Upon determining that you have met all of the requirements detailed above for your refund request to be honored, Boehman will promptly issue an instruction to its payment processor to issue the refund. Boehman does not control its payment processor and will not be able to expedite any refunds.

Upon receiving your requested refund, you understand and agree that you will not be able to re-join any Boehman Activities in the future.

In the event you are not meeting milestones in any Boehman Activities or Boehman determines you are not likely to achieve your desired results, Boehman may, in its sole right and absolute discretion, give you the option to either terminate your participation in any Boehman Activities with a full or partial refund, or continue to participate in any Boehman Activities with an express forfeiture and waiver of any future opportunity to request a refund.

Boehman’s refund policy is only applicable to life coaches; if you are not a life coach and participate in one of the above-mentioned Programs, you acknowledge that your sale is final, and you are not eligible for any refund.

In the event of Stacey Boheman’s death, Stacey Boheman’s estate shall have 180 days from her death to settle, emit, distribute, and honor any refund requests or unfulfilled Program reimbursements.

Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these Terms. Therefore, if a participant disagrees with how the Company disciplines another participant and requests a refund, the Company will deny such request.

Furthermore, if a participant violates these TOU, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these TOU. If a participant disagrees with the Company offering another participant a second opportunity to follow these terms, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Program without notice and without refund. 

Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of Boehman Activities, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

7. EUROPEAN (EU/EEA/UK) PARTICIPANTS’ RIGHT OF WITHDRAWAL

In addition to the refund policies set forth above, if you have a right of withdrawal under the relevant laws in your country including any applicable European Union laws, then:

  • You have a right of withdrawal for a period of fourteen (14) days from acknowledging these TOU. You may withdraw these TOU with the Company for the services part of the Program, without giving any reason, and without incurring any costs other than those provided for in this paragraph.

  • The withdrawal period will expire after fourteen (14) days from the day these TOU are acknowledged. However, you do not have a right of withdrawal a) if the Program services under these TOU have already been fully performed with your prior express consent and with your acknowledgement that you will lose your right of withdrawal once the Program services have been performed by us or b) if you have started the Program, with your prior express consent and your acknowledgement that you will lose your right of withdrawal upon beginning use of the Program services.

  • If your circumstances do not fall into ‘a’ or ‘b’ mentioned above, and you exercise your right of withdrawal by providing to Company an unequivocal statement (detailed below) within the fourteen (14) day time period, Company shall reimburse to you a partial refund (50%) of payments received from you, no later than 14 days from the day on which Company is informed of your decision to rescind this TOU in accordance with this paragraph. Company will carry out such reimbursement using the same means of payment as you used for the initial transaction. In any event you do not incur any fees as a result of such reimbursement.

a. Model Withdrawal Form (complete and return this form only if you wish to withdraw from the contract)

    • To Stacey Smith Coaching LLC:
    • I () hereby give notice that I () withdraw from my/our () Terms and Conditions Agreement for the provision of the following service (),
    • Acknowledged on ()/received on (),
    • Name of consumer(s),
    • Address of consumer(s),
    • Signature of consumer(s) (only if this form is notified on paper),
    • Date
  • You may send an unequivocal statement to Company at 2ksupport@staceyboehman.com (for 2k for 2k participants) 200ksupport@staceyboehman.com (for 200k participants) or 2MDGsupport@staceyboehman.com (for 2MDG participants). You shall have exercised your right of withdrawal within the 14-day withdrawal period if the communication is sent by you before that period has expired. The exercise of the right of withdrawal shall terminate the obligations of you and the Company to perform these TOU and you will not be afforded the opportunity to enroll or participate in any Boehman Activities in the future. If you exercise your right of withdrawal, any ancillary contracts shall be automatically terminated.

  • The burden of proof of exercising the right of withdrawal in accordance with this clause shall be on you. Except as provided for in this clause, you shall not incur any liability as a consequence of the exercise of the right of withdrawal.

8. Guest Coaches and Coach Substitutes

Boehman may have guest coaches and/or coach substitutes participate and coach Boehman Activities. Boehman, in its sole right and discretion, reserves the right to assign any and all duties, responsibilities, and obligations under the terms of these TOU, at any time, to any qualified third party of Boehman’s choosing, to deliver, administer, and carry out all Boehman Activities, without providing advanced notice nor needing consent from any participant.

If a participant disagrees with or fails to consider Company’s guest coach or coach substitute as qualified, no grounds to receive a refund will be created, and any request for a refund on this basis shall be denied.

9. Intellectual Property Rights


Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Boehman website, any third-party website Boehman may use to distribute or host the Boehman Activities, contained in e-mails sent to you by Boehman, or provided at in-person events by Boehman, as well as the look and feel of all of the foregoing (“the Content”) is property of Boehman and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

Boehman’s Limited License to You: 

If you view, purchase or access any Boehman Activities or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. 

This means you may view, download, print, email and use one copy of individual pages of Boehman Activities and Content for your own personal purposes or your own internal business use only. 

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, your clients or customers, or any other third party, or otherwise use any material from the Boehman Activities or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them internally in your own business). By downloading, printing, or otherwise using the Boehman Activities or Content for personal use you in no way assume any ownership rights of the Content – it is still Boehman property.  Any unauthorized use of any materials found in the Boehman Activities or Content shall constitute infringement.  

You must receive our written permission before using any of the Boehman Activities or Content for your own commercial use or before sharing with others. 

The trademarks and logos displayed on the Boehman Activities or Content are trademarks belonging to Boehman, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

2K for 2K Program: Lifetime Access to Content and materials in Program

You are granted lifetime access to the Program materials and Content within the 2K for 2K Program, for the life of the Program only. 

This means you will have access to any Program materials found within the 2K for 2K Program, provided your account is in good standing, for as long as the Company continues to host and provide access to the Content you have purchased.

Please note that Company, in its sole right and discretion, may temporarily suspend or terminate your lifetime access in the Program at any time, without providing notice to you, if in Company’s discretion you have violated these TOU in any way.

Recorded Coaching Calls and Live Events: 2k for 2k & 200k participants

Please note that coaching calls and the Program’s Live events will be recorded and made available to 2k for 2k and 200k Mastermind Program participants only. 

However, in Company’s sole right and discretion, Company may refuse to present or provide any Program participant with the live coaching call and live event recordings. Company’s potential changes referenced above do not pose as grounds for a participant to receive a refund and any request for a refund on this basis will be denied.

Recorded live coaching calls and Live event recordings are considered Content and therefore, may not be downloaded, shared, displayed, distributed, copied, sold, duplicated, reproduced, used, or republished.

 

Unauthorized Use

Your use of any materials found in the Boehman Activities or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Boehman Activities in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Boehman Activities, in addition to any legal or equitable remedies Boehman may be entitled to pursue.  This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.     

You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

Your License to Boehman; Use in Testimonials and Marketing. 

By posting or submitting any material during the Boehman Activities such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of Boehman’s current or future Boehman Activities and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.  You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Boehman Activities or in our Content at any time for any reason. 

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.  

You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason. 

This means you give Boehman permission to use anything you submit or post in the Boehman Activities or any third-party forum or website operated by Boehman, or anything captured by you or Boehman during your participation in the Boehman Activities, including images in which your face is visible and recognizable or your full name. 

 

Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to support@staceyboehman.com.

If you are granted permission by Boehman, you agree to use the specific Content that Boehman allows and only in the ways for which Boehman has given you its written permission. If you choose to use the Content in ways that Boehman does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Boehman Activities and Content.

10. Coach/Client Relationship and Responsibilities Of The Parties

The coaching relationship is co-creative, meaning that the coaches and you are equal partners in the coaching process.

  • Boehman’s Responsibilities:
    • Boehman’s coaches and guest instructors are trained to use their communication skills and coaching tools to support you throughout the Boehman Activities.
    • Boehman’s coaches and guest instructors will provide guidance to you based on information you provide. 
    • Boehman’s coaches and guest instructors will answer questions through the Facebook group and live group coaching calls on Zoom or Facebook Live; replays may be made available if you are not available to attend live.

 

  • Your Responsibilities for Best Results:
    • Watch and/or listen to all video content provided on the Website and complete all worksheets assigned during the Boehman Activities, at your own pace. 
    • Attend live group coaching calls.
    • Participate, engage, and ask for coaching and help in our private Facebook group and in the member portal on our Website.
    • Attend live in-person events, if applicable.
    • You agree that your relationship with the Company is that of a coach-client relationship and that no other professional relationship has been established.
    • You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.

11. Your Conduct 

The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by Boehman, whether or not officially sanctioned, owned, or operated by Boehman. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program participants to participate in events, such as a meetup, seminar, mastermind, or program, without first receiving approval from Boehman. You agree not to market, promote, or sell products or services such as coaching services and/or programs, coaching masterminds, online programs, live-events, or other products or services to Program participants, unless you are authorized or requested to do so by Boehman.

You also agree that during your participation and access to the Company’s 2 Million Dollar Group Program, and 200k Mastermind Program, and for a period of one (1) year thereafter, you will not directly or indirectly own, manage, control, participate in, consult with, render services for, or in any other manner engage in any business, or invest in or lend money to any past or current 2 Million Dollar Group Program or 200k Mastermind Program participants and/or their businesses, which constitutes or is competitive (including, without limitation, by competing for the same customer or client base) with any business conducted by Company. This provision of these TOU shall survive the termination of this Agreement. 

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by Boehman and any third-party forums operated by Boehman. Any material you post on Boehman’s website or in any third-party forums operated by Boehman may become public. 

You are responsible for your material and for any liability that may result from the material you post.  You participate, comment, and post material at your own risk.  Any communication by you on Boehman’s website and any third-party forums operated by Boehman, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time. 

You are strictly forbidden from the following:

  • Harassing, fighting with, or being disrespectful to Boehman or other Boehman Activities participants

 

  • Causing damage to any Boehman website or third-party forums operated by Boehman
  • Using any Boehman website or third-party forums operated by Boehman for any unlawful, illegal, fraudulent or harmful purpose or activity
  • Using any Boehman website or third-party forums operated by Boehman to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
  • Using any Boehman website or third-party forums operated by Boehman to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
  • Systematically or automatically collecting data from any Boehman website or third-party forums operated by Boehman
  • Using any Company website or private membership forum or third-party forums operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Company and/ or Participants without receiving their advance permission
    • Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials or any other content posted and/or shared from other participants, with the public or with anyone who is not a participant on or in any Company website, private membership or third-party forums operated by Company.

    • Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.  

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

12. Community Guidelines

The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within Company’s community is the baseline expectation that all participants will treat one another with respect while bringing encouragement and consideration to all participants. 

The Company’s community guidelines are as follows:

  1. The Company’s Program promotes diversity amongst its participants. Therefore, the Company encourages all participants to connect with one another and to learn about one another’s background, interests, hobbies and points of view. The Company does not tolerate nor support any participant’s discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
  2. The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within the Program. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.
  3. The Company has created a safe space for all participants to feel seen, respected and heard. Company encourages participants to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each participant must demonstrate respect towards one another.
  4. Support each participant with words of encouragement, resources or suggestions, while respecting each participant’s boundaries. 
  5. The Company reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base services of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company. 

We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website (such as Facebook.com), which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these TOU.

13. Confidentiality

Boehman is not legally bound to keep your information confidential. You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege.

Confidential information does not include information that:

  1. was in the Boehman’s possession prior to your participation in the Program;
  2. is generally known to the public or in your circle of friends and family and co-workers; or
  3. Boehman may be required by law to disclose.  

You may use a screen name or pseudonym instead of your actual name for your participation in group coaching sessions and public posts on the Company website and in third-party forums operated by the Company. 

You agree that Boehman shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

Boehman may record coaching calls and share them in the Program, on the Boehman website, or on third-party forums operated by Boehman. 

You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Boehman’s website or any third-party forums operated by Boehman, without permission. If Boehman discovers you have done so without permission, this will be grounds for immediate termination of your access to the Program and Content and you will not be issued a refund.

 

14. Username and Password

To access certain features of the Boehman Activities, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If Boehman has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Boehman Activities to any other person, Boehman has the right to suspend or terminate your account and refuse any and all current or future use of the Boehman Activities or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of Boehman’s website Privacy Policy.

15. Reviews 

Boehman respects and welcomes all Program participants to provide honest, truthful, and factual feedback, statements, comments, and testimonials, that are based in integrity, regarding their participant experience with Boehman and the Program. Boehman prohibits comments, feedback, statements, comments and testimonials regarding their participant experience with Boehman and the Program that: (1) contain confidential or private information which includes but is not limited to, Boehman trade secrets; (2) are unrelated to Boehman’s products or services; or (3) are clearly false or misleading.

Boehman encourages all participants to reach out to support@staceyboehman.com to resolve any concerns participants may have about the Program.

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16. LIVE or In-Person Events

If you participate in any live or in-person event as part of the Program, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the Program. You agree to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in the Program. This includes, generally, respect for other people, equipment, facilities or property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Program or any person, facility or property. 

You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.

You agree that you will not consume alcohol prior to any part of the Program that involves physical exercise or activity, or use any medicine or substance that will inhibit your mental or physical ability to safely participate in the Program. 

If you choose to consume alcoholic beverages during any part of the Program, you must do so responsibly and only if you are over the age of twenty-one (21).

The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Program.

You consent to and understand that in the event that Company hosts an in-person live event in a city or state that has a COVID-19 vaccination mandate, before gaining entry to the event as part of the Program, you must present proof of vaccination. 

Valid proof of vaccination consists of provided a physical, digital or photocopy of your vaccination card.

In the event Company hosts an in-person, live event, as part of the Program, in a city or state that does not have a COVID-19 vaccination mandate, you understand and agree that you may be subject to Company’s COVID-19 testing and screening requirements. You understand and agree that before gaining entry to the live in-person event, you may be required to present proof of a negative COVID-19 PCR test taken at least 72 hours prior to the Event and you must voluntarily sign the Company’s COVID-19 Waiver and Indemnity Agreement.

17. Termination or Cancellation

Boehman reserves the right in its sole discretion to refuse or terminate your access to the Boehman Activities and Content, member portal, as well as private Facebook groups operated by Boehman, in full or in part, at any time without notice. Boehman may terminate your participation and access in the Boehman Activities and Content at any time, without notice nor refund, if you breach any part of these TOU, or for any other reason in Boehman’s sole right and discretion. 

In the event of cancellation or termination, you are no longer authorized to access the part of Boehman Activities or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Boehman Activities and its Content will still apply now and in the future, even after termination by you or Boehman.

2k for 2k Programs

In the event you would like to cancel your access and participation in the Boehman Activities, you must provide written notice to Boehman (further detailed in the “Refund” paragraph of these TOU).  Upon your notice of cancellation, your access to any and all Boehman materials and Content will terminate immediately and the refund policy detailed in paragraph 6 of these TOU will apply. You will not be issued a refund for any payments made towards the Boehman Activities, after your cancellation.

200K Mastermind and 2 Million Dollar Group

In the event you would like to cancel your access and participation in the Boehman Activities, you must provide written notice to Boehman (further detailed in the “Refund” paragraph of these TOU).  Upon your notice of cancellation, your access to any and all Boehman materials and Content will terminate immediately, and the refund policy detailed in paragraph 6 of these TOU will apply. 

Promotional Offers/Special Program Offers – 200K Mastermind and 2 Million Dollar Group 

In the event you would like to cancel your access and participation in the Boehman Activities, you must provide Boehman with written notice (including e-mail).  Upon your notice of cancellation, your access to any and all Boehman materials and Content will terminate immediately, and the refund policy detailed in paragraph 6 of these TOU will apply. In the event you cancel before attending the Program’s Live event, you will not be entitled to a refund for any payments made but will not be obligated to make any remaining, additional, or future payments towards the Program after your cancellation.

18. Personal Responsibility, Assumption of Risk, Release, Disclaimers

  1. You acknowledge that, by engaging with Boehman for any Boehman Activities, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in any Boehman Activities, whether or not caused by the active or passive negligence of the Releasees. 

    In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to Boehman for the Boehman Activities.

     

  2. The Boehman Activities and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Boehman Activities or Content prevents, cures or treats any mental or medical condition.  The Boehman Activities and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional.  You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results.  You should consult with a professional if you have specific questions about your own unique situation.  Boehman disclaims any liability for your reliance on any opinions or advice contained in the Boehman Activities.
  3. Earnings and Results Disclaimer.  You agree that Boehman has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Boehman Activities.  Boehman cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Boehman Activities, and you understand that results and earnings differ for each individual.

  4. Any links to third-party products, services, or sites are subject to separate terms and conditions. Boehman is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Boehman may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
  5. Boehman tries to ensure that the availability and delivery of the Boehman Activities and Content is uninterrupted and error-free. However, Boehman cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
  6. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE BOEHMAN ACTIVITIES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BOEHMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOEHMAN DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  7. BOEHMAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE BOEHMAN ACTIVITIES, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE BOEHMAN ACTIVITIES.


19. Security 

Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and Boehman which may be unlawfully intercepted by third parties not under our control. Boehman does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Boehman are done at your own risk. 

20. Legal Disputes

These TOU shall be governed by and construed in accordance with the laws of the State of Kentucky without giving effect to its conflict of laws. The nearest state and federal court to Louisville, Kentucky shall have exclusive jurisdiction over any case or controversy arising from or relating to the Boehman Activities or Content, including but not limited to the Privacy Policy or these TOU. By using the Boehman Activities or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

21. Users Outside United States

Boehman controls and operates the Boehman Activities from offices in the United States. Boehman does not represent that materials in the Boehman Activities are appropriate or available for use in other locations. People who choose to access the Boehman Activities from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

22. Indemnification

You agree to defend, indemnify, release, and hold harmless Boehman and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but without limitation to attorney’s fees) arising from or in connection with: (i) your use of the Boehman Activities or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to Boehman’s website or any third-party forum or website operated by Boehman, (iv) your use of materials or features available in the Boehman Activities or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by Boehman) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of Kentucky, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

23. Force Majeure

The Company will not be deemed to have breached these TOU for any delay or failure in performance caused by events out of its reasonable control, including acts of God or a public enemy; natural disasters or calamities; epidemic or pandemic; failure of a third party to perform; changes in the laws or regulations; actions or executive orders of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Company.

24. Entire Agreement, Severability, Modification, And Waiver

This agreement constitutes the entire agreement between you and Boehman with respect to the Boehman Activities, Content and Website and supersedes all prior, contemporaneous written or oral communications between you and Boehman regarding the Boehman Activities, Content and Website. If any part of the terms of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Boehman may change, modify or update these TOU at any time. Any access or use of the Boehman Activities or Content by you after Boehman publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact support@staceyboehman.com.

By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.  If you do not agree with these TOU, do not purchase or use the Program or Content

Updated on April 21, 2022