Terms of Service
Welcome to Saga Blane, LLC!
Introduction.
Saga Blane, LLC (“Saga Blane” “we,” “us,” “our”) provides its services to you through its website located at https://www.sagablane.com (the “Site”) and through its brand consulting, professional and life coaching services (collectively, such services, including any new features, and the Site, the “Services”), subject to the following Terms of Service (the “Terms of Service”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 9 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
Modifications to Terms of Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Services from time to time.
Privacy.
At Saga Blane, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein.
Services:
Saga Blane offers the following Services (the “Services”):
· FlowForm Archetype Assessment: FlowForm Archetype Assessment is a 30 minute diagnostic session using Saga Blane’s original framework (“ the FlowForm Archetypes”) to identify a creative block (referred to as the FlowForm block).
· FlowForm Coaching: FlowForm Coaching is a 1 hour coaching session designed to guide the client to authentic expression. In these sessions, we identify the creative block (referred to as the FlowForm block), and then Saga Blane coaches the client on specific actions to help overcome the obstacles being faced, thereby liberating their authentic expression.
· FlowForm Workshop: Flow Form Workshop is a 90-120 min long workshop offering coaching with content creation on the client’s topic of focus. Topics are not limited to, but may be related to: business, brand/communications, creative work, or life coaching.
· Quick Check In: Quick Check In is a 20 minute conversation to access Saga Blane’s opinion, guidance, and recommendations on a given matter.
· Professional Relationship Coaching: Professional Relationship Coaching is a 60-75 minute session for coaching a client on professional relationships and workplace wellness.
· WIP: WIP is a group coaching window, offering the chance for individuals to drop in during a 3-hour block of time for creative development co-working, with light coaching and facilitation. WIP supports individuals with their work in progress through personal accountability, structured time & space, community, and guidance through obstacles.
General Practices and Disclaimers.
COACHING. Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach (here, Saga Blane) and Client in a thought-provoking and creative process that inspires Client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal and/or professional goals and to develop and carry out a strategy/plan for achieving those goals. By entering into this relationship, Saga Blane and Client acknowledge that Client wants to make significant progress and that progress and change happen at rates that are unique to each individual.
DISCLAIMER. Client understands that Saga Blane is not an agent, publicist, accountant, financial planner, doctor, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client’s life, business or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Saga promises that all information provided by Client will be kept strictly confidential in accordance with this Agreement and as otherwise permissible by law. Client acknowledges and agrees that life and professional coaching should not be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment and Client will not use it in place of any form of diagnosis, treatment or therapy. Client understand and agrees that s/he/they are fully responsible for his/her/their wellbeing during the coaching sessions, including his/her/their choices and decisions.
CLIENT RESPONSIBILITY; NO GUARANTEES. Client accepts and agrees that Client is 100% responsible for its progress and results from the coaching program. Saga will help and guide Client to achieve its personal and professional goals; however, participation of Client is a vital element to coaching’s success which relies solely on Client. Saga Blane makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance or results. Client understands that because of the nature and extent of coaching, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the coaching services. Saga’s comments about the outcome are expressions of opinion only. Saga makes no guarantees other than that the coaching services offered shall be provided to Client in accordance with the terms of this Agreement.
1. Access and Use of the Services.
1.1. Use Description: The Saga Blane Services, and any content viewed through our Site, is solely for your personal and non-commercial use. With your Saga Blane purchase we grant you a limited, non-exclusive, non-transferable, license to access the Saga Blane content and view our course(s) through the Services on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Services for public performances. We may revoke your license at any time in our sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Services, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
1.2. Your Registration Obligations: You may be required to register with Saga Blane in order to access and use the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Services, with or without registering.
1.3. Member Account, Password and Security: You may never use another's account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Saga Blane will not be liable for any loss or damage arising from your failure to comply with this Section.
1.4. Modifications to Services: Saga Blane reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Saga Blane will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
1.5. General Practices Regarding Use and Storage: You acknowledge that Saga Blane may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Saga Blane's servers on your behalf. You agree that Saga Blane has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Saga Blane reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Saga Blane reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2. Conditions of Use.
2.1. User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. Saga Blane reserves the right to investigate and take appropriate legal action against anyone who, in Our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
2.1.1. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Saga Blane, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Saga Blane or its users to any harm or liability of any type; interfere with or disrupt the Service or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
2.1.2. violate any applicable local, state, national or international law, or any regulations having the force of law;
2.1.3. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
2.1.4. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
2.1.5. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
2.1.6. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
2.1.7. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
3. Fees.
3.1. FlowForm: the fee structure for the FlowForm modalities is as follows:
3.1.1. Archetype Assessment: 30 mins at $111
3.1.2 Coaching: 60 mins at $222
3.1.3 Workshop: 90-120 mins with corresponding content generated during the time, at $500
3.2. General Creative Development and Coaching support
3.2.1. Quick Check In: 20 mins at $75
3.2.2. Professional Relationship Coaching: 60-75 mins at $395
3.2.3 WIP: 3 hour drop in window at $22, or a monthly subscription to any WIP for $44
3.3. Saga Blane uses Acuity as a third-party payment processor, and is bound by Acuity’s terms and conditions, a copy of which can be found here https://www.squarespace.com/terms-of-service. You will be required to select a payment method and provide Saga Blane information regarding your credit card or other payment instrument. You represent and warrant to Saga Blane that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Saga Blane the amount that is specified in the invoice in accordance with the terms of such plan and this Terms of Service. You hereby authorize Saga Blane to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Saga Blane know within thirty (30) days after the date that Saga Blane charges you. We reserve the right to change Our prices. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Saga Blane net income.
4. Commercial Use:
4.1. Unless otherwise expressly authorized herein or by Saga Blane in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
4.2. Written or other material given to Client during the Services is proprietary, copyrighted, and developed specifically for and by Saga Blane. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party without prior verbal or written consent is strictly prohibited. Saga’s program is copyrighted and the original materials that have been provided to Client are for Client’s individual use only and are granted as a single user license.
4.3. All materials or intellectual property, including the Saga Blane's copyrighted program and/or course materials, shall remain the sole property of Saga Blane. No license to sell or distribute Saga Blane's materials is granted or implied. Further, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this Section, Saga Blane will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
5. Intellectual Property Rights.
5.1. Service Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Saga Blane, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload or email to the Services or Saga Blane. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Saga Blane from accessing the Services (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Saga Blane, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Saga Blane.
5.2. The Saga Blane name and logos are trademarks and service marks of Saga Blane (collectively the “Saga Blane Trademarks”). Other Saga Blane, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Saga Blane. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Saga Blane Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Saga Blane Trademarks will inure to our exclusive benefit.
5.3. Third Party Material: Under no circumstances will Saga Blane be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Saga Blane does not pre-screen content, but that Saga Blane and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Saga Blane and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Saga Blane, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
5.4. User Content Transmitted Through the Services: With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant Saga Blane, its affiliated companies and partners (including but not limited to Saga Blane instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
5.5. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Services (“Submissions”), provided by you to Saga Blane, its affiliated partners are non-confidential and Saga Blane, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5.6. You acknowledge and agree that Saga Blane may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Saga Blane, its users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5.7. Copyright Complaints: Saga Blane respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Saga Blane of your infringement claim in accordance with the procedure set forth below.
You may also contact us by mail at:
Saga Blane, LLC
PO Box 365, Tivoli NY, 12583
5.8. To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
5.9. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Saga Blane has adopted a policy of terminating, in appropriate circumstances and at Saga Blane's sole discretion, users who are deemed to be repeat infringers. Saga Blane may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Confidentiality.
6.1. This Agreement is considered a mutual confidentiality and non-disclosure agreement. Both Client and Saga Blane agree not to disclose, reveal or make use of any information learned by either Saga or Client during sessions, appointments, communications, discussions or otherwise (collectively, “Confidential Information”).
6.2. Saga Blane and Client shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. Prior to publishing any Client results, Saga Blane will ask Client for consent.
6.3. The obligation of Saga Blane and Client hereunder to hold all Confidential Information confidential does not apply if (i) any Confidential Information is subsequently acquired by either Saga Blane or Client from a third party who has a bona fide right to make such information available without restriction, (ii) Saga Blane or Client is required to disclose such Confidential Information by law or through a court order or subpoena, (iii) Client is a danger to themselves or others (this exclusion shall only apply to Saga Blane), and (iv) there is more than one person present in the room listening to the coaching session.
6.4. Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Saga Blane with prompt notice of such requirement prior to disclosure, and (ii) give Saga Blane all available information and assistance to enable the Coach to take the measures appropriate to protect the Confidential information from disclosure.
6.5. From time to time, Saga Blane may share the nature of the coaching session, without any Client identifying details, with either another coaching professional or mentor for the purpose of Saga Blane seeking guidance or with students and readers for educational purposes.
6.6. Saga Blane and Client agree that this Section shall survive the termination, revocation, or expiration of this Agreement.
7. Third Party Websites. The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Saga Blane has no control over such sites and resources and Saga Blane is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Saga Blane will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Saga Blane is not liable for any loss or claim that you may have against any such third party.
8. Indemnity and Release. To the fullest extent permitted by law, you agree to release, indemnify and hold Saga Blane and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
9. Disclaimer of Warranties.
9.1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, SAGA BLANE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9.2. SAGA BLANE MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
10. Limitation of Liability.
10.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAGA BLANE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAGA BLANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL SAGA BLANE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SAGA BLANE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
10.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
11. Binding Arbitration; Class Action Waiver.
11.1. You and Saga Blane agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 9 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
11.2. If you have any dispute with us, you agree that before taking any formal action, you will contact us at Saga Blane, LLC, PO Box 365, Tivoli NY, 12583 and saga@sagablane.com, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
11.3. All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Services that are not resolved by the procedures identified above shall be resolved by individual (not group) arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, before a single arbitrator, at its New York City offices arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
11.4. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
11.5. You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SAGA BLANE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
11.6. Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.
11.7. If Saga Blane changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Saga Blane's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Saga Blane in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND SAGA BLANE REGARDING ANY ASPECT OF THE SERVICES (INCLUDING THE ENROLLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
12. Termination.
Saga is committed to providing all Clients with a positive coaching experience.
12.1.1. There shall be no refunds but with at least 48 hours notice prior to the Brand Reading session or Crossroads session (as applicable), the client can reschedule and/or assign the session to someone else, and if they assign it, whoever receives the Services shall be bound by these Terms of Service.
12.2. Saga Blane has the right to terminate the coaching relationship at its discretion at any time and for any reason. Notwithstanding the foregoing to the contrary, if Client becomes disruptive or violates any term of this Agreement, the Coach may choose to limit, suspend, or terminate Client’s coaching relationship without refund or forgiveness of any prepaid coaching sessions. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our client ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
13. General. These Terms of Service constitute the entire agreement between you and Saga Blane and govern your use of the Services, superseding any prior agreements between you and Saga Blane with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 9 above, you and Saga Blane agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. The failure of Saga Blane to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Saga Blane, but Saga Blane may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Saga Blane be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.
14. NON-DISPARAGEMENT. Client shall not make any false, disparaging, or derogatory statement in public or private regarding Saga Blane, its employees, or agents. Saga shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Saga Blane. This Section shall survive the termination, revocation, or expiration of this Agreement.
15. Questions? Concerns? Suggestions?
Please contact us at Saga Blane LLC, PO Box 365, Tivoli NY, 12583 or saga@sagablane.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services.