Terms and Conditions
Disclaimers and Release
Overview:
These terms and conditions, policies, disclaimers and release governs your use and/or purchase of all goods and/or services obtained from Locke In Your Success, LLC its employees, coaches, or affiliates. By proceeding with a purchase or use of any materials, you signify your agreement to be bound by these terms and conditions, policies, disclaimers, and release.
Billing:
By submitting your purchase, you authorize Locke In Your Success, LLC to charge your credit card, Paypal, or other financial account for the goods and/or services purchased under the terms outlined on our website or other promotion materials.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue the payment method, as it may be updated.
Services:
Coaching services vary depending on your needs and desired level of support. The costs vary with the amount of time you request. To be successful requires your commitment as the client to taking responsibility for the process and the outcomes that result from it. You'll need to be open and honest about your issues and needs, keep agreements, and stay committed to your goals. The coach's role is to use their expertise as a mentor, taskmaster, motivator, and sounding board; which will get you back on track, keep you focused, and hold you accountable for your progress.
Nature of Relationship:
The client understands that the coaching relationship is not psychotherapy, psychological counseling, or any type of therapy; nor is it a substitute for these services. In the event the client feels the need for professional counseling or therapy, it is the responsibility of the client to seek a licensed professional who can provide these services. If the coach believes that such services will be valuable to the client, the coach will recommend them.
Confidentiality:
Locke In Your Success, LLC protects the confidentiality of the communications with coaching clients. We will not voluntarily divulge that we are in a coaching relationship with you without your written permission, unless we are required to do so by a court order. There are some situations in which we are legally obligated to breach your confidentiality in order to protect others from harm, including; (1) if we have information that indicates that a child or elderly or disabled person is being abused; we must report that to the appropriate state agency and (2) if a client is an imminent risk to him/herself or makes threats of imminent violence against another person; we are required to take protective actions. These situations rarely occur in coaching practices, but if such a situation does occur; we will make every effort to discuss it with you before taking any action. As you are probably aware; it is impossible to protect the confidentiality of information, which is transmitted electronically. This is particularly true of E-mail and information stored on computers connected to the internet (unless you use encryption and other forms of security protection); and if you use a cordless or cell phone, someone with a scanner could hear you talk.
Feedback:
If, at any time, you feel that your needs are not being met or you are not getting what you want out of the coaching, please let us know, so we can discuss your needs and adjust your coaching program, as needed. We will continue to work on the goals that you define unless you want to stop, which we will do whenever you ask.
Mutual Nondisclosure:
The coach and client mutually recognize that they may discuss future plans, business affairs, customer lists, financial information, job information, goals, personal information, and other private information. The coach will not voluntarily communicate the client's information to a third party. In order to honor and protect the coach's intellectual property, the client likewise agrees not to disclose or communicate information about the coach's practice, materials, or methods to any third parties.
Session Time:
Coaching is scheduled at the mutual convenience of the coach and the client. The day and time for the next call will be scheduled at the close of each coaching session.
Call Procedure:
The client will call the coach, or into GoToMeeting, at the prearranged time and telephone number as scheduled, and pays the telephone charges for the call.
Cancellations:
Please remember, cancellations must be made 24 hours in advance. There will be no refund or credit for cancellations made less than 24 hours prior to a scheduled session. The coach will make reasonable efforts to reschedule sessions that are cancelled in a timely manner.
Payment Procedure:
Payment must be received in advance of each series of coaching calls. The first coaching session will begin after this agreement is signed and faxed/mailed or electronically sent to the coach, and the first payment is received by credit/debit card (Visa or MC) or check. Services must be paid in advance, or they cannot be provided. Services requested by the client, in addition to coaching calls, will be billed at a prorated hourly rate (agreed in advance) and will be paid within 30 days of service. Any changes to this procedure must be mutually agreed upon in writing.
Termination:
Either party may end the coaching relationship by providing the other party with a one week written notice, which may be transmitted by email or fax.
Dispute Resolution:
Any controversy or claim arising out of or relating to this agreement, or the breach of this agreement, shall be settled by arbitration, which will occur via telephone by an arbitrator that we mutually agree upon. The costs of the arbitration shall be shared equally between the parties.
Refunds:
No refunds will be given for used sessions.
Unused sessions will be refunded if requested within one year of payment. The direct processing fees, if any will be deducted from the refund. In the event sessions were purchased as a package or at a discount, used sessions will be charge at the per Laser Session rate of the individual coach and the balance will be refunded if requested within one year of payment.
Sessions purchased through other vendors will be subject to the terms and conditions of the vendor. We are unable to refund sessions purchased elsewhere.
SMB Video Program specific coaching:
These programs are joint ventures between SMB Training and Locke In Your Success, LLC. All coaching sessions related to this program are billed through SMB Training and the cost is determined by SMB. Payments for this program are handled through SMB Training and scheduling is done with Locke In Your Success, LLC. The terms of this agreement apply in addition to all terms you agreed to through SMB.
Services Provided:
Phone coaching sessions (typically one hour each for equities coaching), live one on one coaching, e–mail coaching, group training and 5 hour live seminars. Our coaching services can be geared toward any combination of life, success, business, equities strategies (see equities coaching disclaimer), sales, negotiation and/or persuasion depending on your needs.
Session Preparation:
In order to maximize your progress and get the most out of your coaching, it is very important that you are ready for your session. Please be prepared with an agenda of thoughts, questions, or ideas you’ve had during your weekly practice.
Intellectual Property:
Purchaser agrees to use the Locke In Your Success, LLC videos, coursework, teachings and other materials, goods and/or services, in accordance with all applicable laws, rules, and regulations, or other restrictions as described herein and in the materials themselves. All materials are copyrighted, as such you agree to use these materials solely for your own personal use and must keep any purchased materials confidential. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use the content and information contained on or obtained from or through Locke In Your Success, LLC.
Disclaimer of Liability:
Locke In Your Success, LLC ’s products and services are provided “as is” and with “all faults”. Locke In Your Success, LLC does not warrant (i) that the information will meet your requirements or that it is suitable for your needs, (ii) that the information provided will be error free or (iii) the accuracy of any information. You are solely responsible for all decisions you make in connection with your use of the information and for verifying the accuracy of such information. To the maximum extent allowed by law, Locke In Your Success, LLC expressly disclaims all warranties, including, without limitation, all implied warranties, terms or condition, of satisfactory quality, merchantability, fitness for a particular purpose, title and non infringement. Some states do not allow the exclusion of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In no event will Locke In Your Success, LLC or it affiliates or their licensor(s) be liable to you for any special, indirect, incidental or consequential damages or losses arising out of your use of the products or services. If the above should fail for any reason, Locke In Your Success, LLC ‘s maximum liability to you will be limited to the amount of fees that you paid for the applicable goods or services. Some states do not allow the exclusion of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Disclaimers:
Locke In Your Success, LLC is NOT a Broker Dealer, nor are any of it’s employees, coaches, or staff.
Locke In Your Success, LLC engages in trader education and training.
Locke In Your Success, LLC offers a number of products and services, both internet based and in person.
All materials, presentations, webinars, and coaching presented by Locke In Your Success, LLC are for educational purposes only. No information presented constitutes a recommendation by Locke In Your Success, LLC or its affiliates to buy, sell or hold any security, financial product, or instrument discussed therein or to engage in any specific investment strategy. This information neither is, nor should be construed, as an offer, or a solicitation of an offer, to buy or sell securities. You shall be fully responsible for any investment decision you make, and such decisions will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, and liquidity needs.
Options Risk Disclaimer
No relevant positions
Please note: Hypothetical computer simulated performance results are believed to be accurately presented. However, they are not guaranteed as to accuracy or completeness and are subject to change without any notice. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Since, also, the trades have not actually been executed; the results may have been under or over compensated for the impact, if any, of certain market factors such as liquidity, slippage and commissions. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any portfolio will, or is likely to achieve profits or losses similar to those shown. All investments and trades carry risks.
Equities coaching disclaimer:
Neither Locke In Your Success, LLC, nor it’s subsidiaries nor any of their respective officers, employees, representatives, agents, or independent contractors are, in such capacities, licensed financial advisors, registered investment advisors or registered broker dealers. Neither do they provide investment nor financial advice nor make investment recommendations, nor are they in the business of transacting trades. Nothing in this communication constitutes a solicitation, recommendation, promotion, endorsement or offer (buy or sell) by Locke In Your Success, LLC, or others described above, of any particular security, transaction or investment.
* The risk of loss in trading securities, options, futures, and forex can be substantial. Customers must consider all relevant risk factors, including their own personal financial situation, before trading. Options involve risk and are not suitable for all investors. See the Options Disclosure Document: Characteristics and Risks of Standardized Options. Trading foreign exchange on margin carries a high level of risk, as well as its own unique risk factors. Please read the following risk disclosure before considering the trading of this product: Forex Risk Disclosure. Futures and forex accounts are not protected by the Securities Investor Protection Corporation (SIPC). Direct links to the options and forex disclosures can be found by clicking the underlined links above.
Release:
You are fully responsible for any investment decisions you make. Such decisions should be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, and liquidity needs. By agreeing to these terms and conditions, the purchaser hereby acknowledges that it is not receiving any investment advice and hereby releases and discharges Locke In Your Success, LLC, its officers, employees, coaches, and affiliates from any and all claims, actions, suits or demands of any kind or nature whatsoever, in connection with the use these materials or arising from any information provided by Locke In Your Success, LLC. The purchaser submits to the jurisdiction of the state of New Hampshire and agrees that any action brought relating to any alleged claim for damages must be brought in the state of New Hampshire or such other jurisdiction as elected by Locke In Your Success, LLC.
I hereby employ Locke In Your Success, LLC as “Coach” for the purpose of support surrounding my self-awareness, and personal and professional goals and challenges. I understand that the coaches are not psychotherapist, psychiatrist, medical doctor, or clinician and that he/she cannot diagnose any disorders/illnesses, nor provide medical attention/advice. I waive and release Locke In Your Success, LLC from any claims that arise or result from these services. I have read this document carefully as well as the Characteristics and Risks of Standardized Options and Forex Risk Disclosure, as applicable., and I understand and agree to all that has been stated.
Agreed to by: