Terms
STUCK ON START COACHING TERMS
Created February 28, 2018; Effective March 1, 2018:
Introduction
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Stuck On Start Coaching provides entrepreneurs and small business owners with customized offerings that increase both their personal and professional growth.
By creating an account or otherwise using the Services (as defined below) in any manner, you are entering into a legally binding agreement with Stuck On Start Coaching, LLC., a Massachusetts corporation headquartered in Boston, MA. (“SOSC”), as set forth in these Terms of Use (“Terms”). These Terms also include our Privacy Policy, which is incorporated by reference. These Terms apply to all users of the Website (as defined below) and Services including, without limitation, users who are looking for or purchasing career resources, posting Content (as defined below) or otherwise. If you are using Stuck On Start Coaching on behalf of a company or other legal entity, then “you” also means such company or legal entity and you further represent and warrant that you are authorized to accept these Terms on such entity's behalf even if we have a separate agreement with such entity. Please do not access or use the Website or Services if you are unwilling or unable to be bound by these Terms.
If you are below the age of consent under applicable law in the country or state in which you are using the Services, then your parent or legal guardian must read and accept these Terms in your name and on your behalf. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. The Services are not targeted to or meant for anyone who has not reached 13 years of age and we will not knowingly collect information from anyone under the age of 13. If the applicable law in the country or state in which you are using the Services requires that you must be older than 13 to receive certain Services, then the minimum age for creating an account with us or otherwise using the Services is the legally defined one for such country or state.
Throughout this document, the words “Stuck On Start", “SOSC”, “Minding The Gap™”, “us,” “we,” or, “our,” refer to Stuck On Start Coaching, LLC., our website, located at www.stuck onstartcoaching.com (the “Website”) and/or our Services made available on the Website. The words “you,” “your,” or “user,” refer to you, as a user of the Website or any of the Services made available by us.
Services
The “Service” or “Services” collectively include the Website, all webpages and subdomains therein, any successor and affiliated websites, emails sent by Stuck On Start Coaching, accounts, Minding The Gap™ Services (Minding The Gap™ Monthly Mentoring, Minding The Gap™ Virtual Learning, and Minding The Gap™ Business Coaching), Minding The Gap™ Online Subscription Content, any other services offered on the Website, and any other services that state they are governed by these Terms. “Content” means any and all text, articles, images, videos, graphics, software, music, audio, information, or other materials appearing on the Website, including, without limitation, information about employers, career resources, advice, and questions, answers, or other content located on the SOSC website, whether created or posted by you, SOSC, or any third party.
Modifications
We may update or modify these Terms from time to time. We will give you notice of the changes by posting an updated version of these Terms online, updating the “Created” date above, or by emailing you at an email address you have provided. Changes to these Terms will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. Your continued use of the Services will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Services.
We may modify, add to, suspend, or discontinue the Services or certain features of the Services, or remove any Content at any time for any reason, without prior notice to you. Unless expressly stated otherwise, any new feature that augments, enhances, or otherwise modifies the Services shall be subject to these Terms.
Accounts
You must create an account (an “SOSC Account”) and provide certain information to access or use some of the Services offered by Stuck On Start Coaching (saving favorites, subscribing to Minding The Gap™ Monthly Mentoring, or purchasing and/or booking Minding The Gap™ Virtual Learning, and Minding The Gap™ Business Coaching). If you choose not to create a Stuck on Start account, you may access certain features as a visitor and are still subject to these Terms.
Your SOSC account is for your personal, non-commercial use only and you must provide complete and accurate information when creating a SOSC Account. You are responsible for maintaining the confidentiality and security of your account information including any usernames or passwords and are solely responsible for the activity that occurs on your SOSC Account. You may not create an account for someone else or allow someone else to use your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security related to your SOSC Account. If we have canceled your account or you have been removed or otherwise blocked from the Website due to a violation of our Code of Conduct or for any other reason, you may not continue to use the Services.
You may cancel your SOSC Account at any time by sending an email to customer care. Please note that if your SOSC Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted through your use of the Services.
Paid Services
Our Services include a variety of products and features that are free to use, as well as certain products and services that require payment (“Paid Services”). If you purchase any of our Paid Services (Minding The Gap™ Monthly Mentoring, Minding The Gap™ Virtual Learning, and Minding The Gap™ Business Coaching), you agree to pay us any applicable fees and taxes. You also agree to any additional terms that we may notify you apply to the applicable Paid Service. You hereby authorize the collection of such amounts either directly by SOSC or indirectly, via a third party payment processor. Failure to pay these fees will result in the termination of the applicable Paid Service. If you are directed to a third party payment processor, you may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices.
Please note that SOSC will not be liable for any bank fees, foreign exchange fees or differences in prices based on location. SOSC or its third party payment processor may store and continue billing your payment method (e.g., credit card), to charge you for other Paid Services you may buy.
Content Licenses
Your Content. We do not acquire ownership of the Content you post to the Website, but by posting any Content to the Website, you agree to grant us a universal, perpetual, sub-licensable, commercial, royalty-free, and irrevocable license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display, and distribute such Content, in all media and distribution methods now known or hereafter devised, and you represent to us that you have the right to grant such a license. You agree that this license includes the right for other users of the Services to modify your Content, and for SOSC to make your Content available to others for the publication, distribution, syndication, or broadcast on other media and services. Such additional uses by SOSC or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit, or otherwise make available through the Services. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we are free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
We reserve the right, but do not have any obligation to, remove or block any Content in our sole discretion, at any time, without notice to you and for any reason (including, without limitation, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all.
SOSC Content. The Website and Services also contain Content posted by SOSC and our licensors (“SOSC Content”). We and our licensors retain all right, title and interest in and to such SOSC Content, including all associated intellectual property rights, including, without limitation, copyrights, trademarks, trade names, trade dress, logos, patents, know-how, trade secrets, instructions, and all other proprietary information. Subject to your compliance with these Terms, SOSC grants you a revocable, limited, non-exclusive, non-transferable license, to access and view any SOSC Content solely for your personal and non-commercial purposes. You agree not to sublicense, copy, distribute, display, disseminate, reproduce, or otherwise exploit any SOSC Content or Services without our prior written permission, regardless of whether it is created or owned by SOSC, or licensed to SOSC by a third party, such as an employer or another user.
Trademarks. The trademarks, logos, trade names, and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the Website are Trademarks of SOSC and its third party partners. Nothing contained on the Website shall be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of SOSC or such third party. You also agree not to use our trade dress, or copy the look and feel of the Website or its design, without our prior written consent.
Disclosure of Content. We reserve the right to access, read, preserve, and disclose any Content or information in accordance with our Privacy Policy.
Minding The Gap™ Business Coaching
Minding The Gap™ Business Coaching is a Paid Service that can connect you with qualified career coaches (“Coach” or “Coaches”) who genuinely want to see you succeed in your career. You may purchase a variety of different Services offered by Coaches (collectively “Minding The Gap™ Business Coaching Services”), including, among others, resume review, career Q&A, and job search strategy, all of which are described on the Minding The Gap™ Business Coaching page of our Website.
Minding The Gap™ Business Coaches are independent career consultants who offer to perform consulting services for users of our Minding The Gap™ Business Coaching. They are not employees or agents of SOSC. The Coaches, and not SOSC, are solely responsible for honoring any Coach Connect Services purchased by you. However, if a Coach becomes unavailable to provide a purchased Coach Connect Service, you may be entitled to a refund. If you miss an appointment or fail to give at least 24 hours-notice of cancellation, the fees you paid for the Coach Connect Service will be forfeited. Please click here to see frequently asked questions about the Coach Connect Services including more information about our refund and cancellation policies. Please contact us at adm[email protected] to discuss a refund or cancellation.
Payments made in respect of Minding The Gap™ Business Coaching via the Website are transferred to the applicable Coach’s payment account promptly following completion of the relevant Minding The Gap™ Business Coaching Service, less any associated service fees charged by SOSC and any processing fees (e.g., credit card fees), if applicable.
For so long as SOSC offers Minding The Gap™ Business Coaching, you hereby agree not to hire or otherwise engage any Coach to whom you are introduced via the Website other than directly through the Website. To the extent you breach the foregoing restriction, you and the applicable Minding The Gap™ Business Coach shall be jointly and severally liable for any losses incurred by us as well as liquidated damages in the amount of $5,000 per breach, and SOSC will have no obligations or liability whatsoever in respect of any such engagements.
Links to Third-Party Sites
The Website may direct you via hyperlinks or otherwise to third-party websites that are not maintained by SOSC. We are not responsible for your use of such third-party websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any such link does not imply any association between us and their operators. Your use of any third-party websites is governed by the terms of such third-party websites and not by these Terms.
Code of Conduct
SOSC allows you to use the Services and post Content for a variety of purposes. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Services, you may not and you agree that you will not:
Violate any local, state, provincial, national, or other law or regulation, or any order of a court.
Run any bots, spiders, scrapers, web crawlers, indexing agents or other software to aggregate or browse our Content, including, without limitation, company or user accounts or profiles, or otherwise interfere with or circumvent the integrity of the Website or Services.
Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the Website or Services or transmit any other computer programming routines that may damage, interfere with, or surreptitiously intercept any data, or personal information.
Use the Services to transmit, distribute, post, or submit any confidential information concerning any other person or entity, including, without limitation, photographs of others without their permission, personal contact information or credit card, debit card, or bank account numbers.
Stalk or harass, interfere with, or disrupt the access of any user of the Services, or collect or store any personally identifiable information about any other user without explicit consent from the user.
Defame, defraud, mislead, or impersonate any person or entity, or otherwise misrepresent yourself or your affiliation with any person or entity.
Post false information, including, without limitation, in respect of a job, company, or your own credentials as a job applicant.
Infringe, violate, or otherwise interfere with any copyright, trademark, or other intellectual property rights of another party.
Act in any manner which, in our sole discretion, is objectionable, interferes with the proper working of the Services, or which may affect our reputation in any way.
Disclaimers
The disclaimers in this section apply to the maximum extent allowable under applicable law.
You are solely responsible for your use of the Services and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any other user or anyMinding The Gap™ Business Coach. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules, and regulations applicable to you. We make no representations concerning any Content contained in or accessed through the Services.
The Services are provided “as is,” and without warranty of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, or non-infringement, all of which are expressly disclaimed. SOSC does not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) the Services will function without errors; (iii) any defects or errors will be corrected; (iv) any Content or software available at or through the Services is free of viruses or other harmful components; or (v) the results of using or relying on any Content or Services or advice contained therein will meet your requirements or produce desired results. Your use of the Services or reliance on any Content is solely at your own risk.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall SOSC be liable to you or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special, or punitive damages, or any loss of data, opportunities, or reputation arising from your use of the website, content, or services, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, unless otherwise required by applicable law, you agree that in no event shall the aggregate liability of sosc, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the services exceed the amount paid by you, if any, for accessing the services during the twelve (12) months immediately preceding the date of the claim or one thousand dollars, whichever is greater.
DMCA Notices
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Website, please mail or email us a message that contains:
Your name and contact information, including your address, telephone number, and an email address; The name of the party whose copyright has been infringed, if different from your name; The name and description of the work that is being infringed; The location on the Website of the infringing copy;
A statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner (or by a third party who is legally entitled to authorize its use on behalf of the copyright owner) and is not otherwise permitted by law; and
A statement that you swear, under penalty of perjury, that the information contained in the notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Stuck On Start Coaching, LLC.
Attn: Legal
75 Arlington Street, Suite 500
Boston, Massachusetts, 02116
Email: [email protected]
If sending the notification by email, an electronic signature will be acceptable.
Although no similar provisions exist under United States law for trademark infringement, we recommend that you submit similar information to us about any alleged trademark infringement so that we can take appropriate action.
Indemnification
You agree to indemnify, defend and hold harmless SOSC, its affiliates and each of their respective principals, shareholders, agents, officers, directors, consultants, and employees from or against third-party claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses arising from or relating to any third-party claim, suit, action or proceeding arising out of or related to your use or purchase of the Services, your violation of the rights of any third party or person, or your breach of these Terms or any representation or warranty contained herein. SOSC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SOSC, and you agree to cooperate with SOSC’s defense of these claims. SOSC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Dispute Resolution
You agree that the laws of the State of New York, USA, excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms and/or the Services.
Please read the following paragraph carefully because it requires you to arbitrate disputes with SOSC and limits the manner in which you can seek relief from SOSC.
You and SOSC agree to arbitrate any dispute arising from these Terms or your purchase or use of the Services, except that you and SOSC are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and SOSC agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to SOSC shall be sent to:
Stuck On Start Coaching, LLC.
Attn: Legal
75 Arlington Street, Suite 500
Boston, Massachusetts, 02116
Email: [email protected]
You and SOSC further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Boston Massachusetts; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the state or federal courts in Suffolk County, Massachusetts have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Whether the dispute is heard in arbitration or in court, you and SOSC will not commence against the other a class action, class arbitration, or other representative action or proceeding.
Miscellaneous
These Terms, together with the Privacy Policy, and any other legal notices published on the Website, shall constitute the entire agreement between you and SOSC concerning your use of the Services and any Content. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SOSC at any time without restriction. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, SOSC shall have the sole right to elect which provision remains in force. No waiver of any one provision set forth in these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and SOSC’s failure to assert or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
Any inquiries about your rights under these Terms, or any other matters regarding your privacy, can be directed by email to [email protected].