Terms of Use

Last Updated: July 19, 2021

These Terms of Use are entered into by and between Milana.Com LLC. also known as “Coaching Genie.com”, “company”, and its Users and visitors to the Sites, and together with the Privacy Policy, govern those persons’ access to the Sites, as well as any content or functionality of the Services, whether as a visitor or a User.  

By accessing or using the Service, you agree to comply with and be bound by the terms and conditions set forth in this user agreement (the “Terms” or “Agreement”), whether or not you become a registered user of the Service. Failure to use the Service in accordance with these Terms and Privacy Policy may subject you to civil and criminal penalties.

IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE. 

Minors

By accessing and using the Service, you represent, warrant, and affirm that you are at least 18 years of age, an emancipated minor, or have acquired a parent or guardian’s consent. The Service is not intended to be accessed or utilized by children less than 13 years of age. If your use of the Service is illegal or otherwise prohibited in the jurisdiction where you are located, you are prohibited from accessing and utilizing the Service. If you are accessing the Service on behalf of some other entity, you represent and warrant that you are authorized to do so.  

Your Personal Data Rights & General Data Protection Regulation (GDPR)

How we use your data and your data privacy rights are covered under our Privacy Policy (https://coachinggenie.com/) and are hereby integrated into these Terms and Conditions. If you have questions concerning your data rights and our obligations under the GDPR please consult our Privacy Policy. Our Privacy Policy covers a variety information about your data rights including but not limited to our obligations and rights as a processor, obligations and rights of the controller, subject matter of data processing, duration of data processing, nature and purpose of data processing, type of personal data collected, categories of data subjects collected, and special categories of personal data collected.  

No Endorsement

Coaching Genie does not endorse Users and takes no responsibility for any work performed by Users. 

What We Offer

Our Platform and Service

Coaching Genie makes available an online learning platform for users to create Programs. The Coaching Genie Service also permits users to engage in discussions and communications with one another while in Programs. The Service offers a proprietary online Program creation platform that provides tools to create, implement, and share online Programs in a variety of disciplines for participation.  

  • Users have the ability to both create and develop training programs, and participate with other users.  
  • Coaching Genie is not responsible for and cannot be held liable for any Program criteria set by a User’s.  
  • Other users should contact Users directly with any questions or concerns relating to a particular Program.

The Relationship Us and Our Users

Coaching Genie is neither a Program provider nor an educational institution. Users are not employees of Coaching Genie. Coaching Genie is not responsible for interactions between Users and their Clients. Coaching Genie is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Coach/Client relationship, including but not limited to, any Client’s reliance upon any information provided by an Coach at any time.  

Users

User Code of Conduct

In using the Services, you must behave in a civil and respectful manner at all times.  

By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following: 

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; 
  • Content that may violate any applicable Federal, State, Local, or International law or regulation; 
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law; 
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; 
  • User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; 
  • User Content that impersonates, or misrepresents your affiliation with, any person or entity; 
  • User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations; 
  • User Content that contains any private or personal information of a third party without such third party’s consent; 
  • User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors; 
  • User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or 
  • User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Services, or that may expose Coaching Genie or others to any harm or liability of any type.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.

User Fees

Coaching Genie may charge Users fees to access certain features and functionalities of the Sites and the Services set to subscription structure.  

Refunds

All users are entitled to a full refund within 30 days of first signing up for any program or plan. Please note that we do not issue refunds for partially used or unused months.

Cancellation

If you cancel a paid plan, the cancellation will become effective immediately and your account will be deactivated, along with the loss of access to features and your content. 

Video uploads

You may not upload any video files to your Coaching Genie account. All videos must be embedded from a third party service, such as YouTube, Amazon, or Vimeo. Violation of this policy may result in account cancellation of loss of content.  

Deletion

You may delete your account at any time.  

Upon termination, all licenses granted by Coaching Genie will terminate. In the event of account deletion for any reason, your Program content may no longer be available. Coaching Genie is not responsible for the loss of such content.  

Content Rights and Licenses

The Sites, and all Content other than User Content and all software available on the Sites or used to create and operate the Sites, is and remains the property of Coaching Genie, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Sites are accessed, and all rights to the Sites, such Content, and such software are expressly reserved.  

All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Sites are the property of their respective owners.  

You must not use such marks without the prior written permission of the owner of the marks. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Coaching Genie.  

Limited License for Services

User Content is and remains that User’s property, and Coaching Genie’s only right to that User Content is the limited licenses to it granted in these Terms of Use.  

Coaching Genie grants you a limited, non-exclusive license to access and use the Services for your own personal and commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Coaching Genie in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services. Nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by Coaching Genie are reserved.  

Limited License to Coaching Genie

While Coaching Genie does not claim any ownership interest in your User Content, we do need the right to use your User Content to the extent necessary to operate the Sites and provide the Services, now and in the future. 

By posting or distributing Content to or through the Sites, each User grants to Coaching Genie, and its affiliates and subsidiaries, a non-exclusive, royalty-free, transferable, worldwide license and right to display, publicly perform, reproduce, distribute, publish, modify, adapt, create derivative works of, and otherwise use such User Content that you upload, transmit, or post on the Sites or through the Services, in the manner in and for the purposes for which the Sites from time to time uses such User Content.  

If your User Content is intended for the use by other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Sites, as described in the section titled Coaching Genie’s Limited License of Content to Users.  

Limited License to Copy Content

Coaching Genie grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Sites and to view, copy, and print the portions of the Content available to Users on the Sites.  

Such license is subject to these Terms of Use, and specifically conditioned upon the following: 

  • Users may only view, copy, and print such portions of the Content for their own personal use; 
  • Users may not modify or otherwise make derivative works of the Sites or Content, or reproduce, distribute, or display the Sites or any Content (except for page caching) except as expressly permitted in these Terms of Use;
  • Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; 
  • Users may not use the Sites or Content other than for their intended purposes.  

 

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise.  

Coaching Genie may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.  

Intellectual Property

Users may not engage in any activity on or through the Sites, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.  

We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) and trademark law, and we retain the right to remove Content from the Sites that Coaching Genie believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.  

Dispute Process

THESE CLAUSES CONTAIN MANY OF YOUR RIGHTS IN CASE OF A DISPUTE, PLEASE REVIEW THESE RIGHTS CAREFULLY.  

Assumption of Risk

You are solely responsible for ensuring that your use of the Sites complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights.  

You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Sites. 

Process 

1) CONTACT US – You agree to contact us with your complaint prior to filing for any arbitration.

2) FILE COMPLAINT – You and Coaching Genie agree that any dispute must be commenced or filed by you or Coaching Genie within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Coaching Genie will no longer have the right to assert such claim regarding the dispute).

3) ARBITRATION – You and Coaching Genie agree that (a) any arbitration will occur in the State of Pennsylvania, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Pennsylvania and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.  

California Civil Code Section 1789.3 Compliance

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Coaching Genie must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to [email protected]

California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210. 

Communications

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.  

Third Party Integration

In providing the Service, Coaching Genie makes available various third party tools to process payments (i.e. Stripe or PayPal). Coaching Genie is not responsible for and cannot be held liable for the performance of any third party services, the security of their service, or their collection or use of any of your information. 

Disclaimer of Warranties

You understand and agree that your use of the Websites and/or the Services is at your sole risk. The Websites and the Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law).  

To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from Program of dealing or usage of trade. 

The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Websites and/or the Services. 

You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Apps, the Websites and/or the Services is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material. 

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the Company expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law. 

We make no warranty whatsoever with respect to the services, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, Course of dealing, Course of performance, usage of trade or otherwise.

Limitation of Liability To the fullest extent permitted by applicable law, in no event shall the Coaching Genie parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or use of the sites or content (including, but not limited to, user content, third party content and links to third party sites), or the order, receipt or use of any product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any Coaching Genie party, or from events beyond the Coaching Genie parties’ reasonable control, such as site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Coaching Genie parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable). 

Indemnification To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Coaching Genie, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Coaching Genie Parties”), from and against all actual or alleged Coaching Genie Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to 

a) Any use or misuse of the Sites, Content or Services by you or any third party you authorize to access or use such Sites, Content or Services,  

b) Any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms,  

c) Any Feedback you provide,  

d) Your violation of these terms, and your violation of the rights of another.  

You agree to promptly notify Coaching Genie of any third party Claims, cooperate with the Coaching Genie Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance).  

You further agree that the Coaching Genie Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Coaching Genie.

Entire Agreement

These Terms of Use incorporate by reference any notices contained on the Sites, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of the Sites, Services, and Content.  

Severability

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.  

No Waiver

No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy. 

Arbitration

You and Coaching Genie agree to arbitrate Disputes through binding arbitration. You and Coaching Genie agree to waive your and Coaching Genie’s respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Services (including, without limitation, Third Party Purchases), resolved in a court, and to waive your and Coaching Genie’s respective rights to a jury trial.  

No Class Actions

You and Coaching Genie agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.  

Governing Law and Venue – Pennsylvania

Any Dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the State of Pennsylvania and the United States, respectively, sitting in the State of Pennsylvania.  

How to Contact Us

Coaching Genie

Milana.com, LLC

2536 Eastern Blvd, Box 108

York, Pennsylvania 17402  

Email: [email protected]