Terms & Conditions for Virtual Coaching
These Terms & Conditions of Purchase (“Terms”) set forth the basis upon which Pragmatic Institute, LLC (“Pragmatic”) will provide virtual coaching services (“Coaching”) to customer (“Customer”), collectively, the “Parties.”
- AVAILABILITY. Sessions will be scheduled at mutually-agreed upon times using the implementation expert’s scheduling application. Customer will receive a website link to schedule a session after purchase.
- GOVERNING LAW & VENUE:The laws of the State of Arizona shall govern these Terms. Venue will be in the Maricopa County Superior Court of the State of Arizona.
- NO WARRANTY. Except as expressly represented otherwise, and to the extent not prohibited by law, all Coaching (including, but not limited to, any documentation, publications, software programs or code, and other information provided by or on behalf of Pragmatic or its suppliers to Customer) is furnished on an "AS-IS" basis, without warranty of any kind, whether express, implied, statutory or otherwise especially as to quality, reliability, timeliness, usefulness, sufficiency and accuracy. ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED BY PRAGMATIC AND ITS SUPPLIERS. NO ORAL OR WRITTEN INFORMATION PROVIDED BY PRAGMATIC SHALL CREATE A WARRANTY UNLESS EXPRESSLY INCORPORATED INTO THESE TERMS.
- LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, PRAGMATIC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS) ARISING FROM THESE TERMS EVEN IF PRAGMATIC HAS KNOWLEDGE OF THE LIKELIHOOD OF SUCH DAMAGES. IN THE EVENT THAT PRAGMATIC FAILS TO PROVIDE COACHING IN ACCORDANCE WITH THESE TERMS, PRAGMATIC'S ENTIRE LIABILITY SHALL BE LIMITED TO SUMS PAID TO PRAGMATIC BY CUSTOMER FOR COACHING. SUCH REFUND SHALL CONSTITUTE PRAGMATIC'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR BREACH. IN NO EVENT SHALL THE AGGREGATE LIABILITY FOR DAMAGES OF PRAGMATIC, ITS EMPLOYEES OR AGENTS, ARISING FROM THESE TERMS, WHETHER BY CONTRACT OR TORT, EXCEED THE AMOUNTS CUSTOMER ACTUALLY PAID PRAGMATIC. TO THE EXTENT NOT PROHIBITED BY LAW, THE LIMITATIONS IN THIS SECTION SHALL APPLY TO PERSONAL INJURY AND DEATH.
- TAXES.Taxes shall be the sole responsibility of Customer. Payments from Customer to Pragmatic shall be made exclusive of any and all income tax, value-added tax, stamp tax, tariff, excise duties or other similar taxes. Customer agrees to pay, without notice or demand from Pragmatic, all sales, use, value-added, stamp tax or other similar taxes which may be assessed against Pragmatic by the applicable Customer taxing authority on any aspect of the Coaching. Customer agrees to indemnify Pragmatic, its officers, directors, employees, or agents (“Pragmatic Indemnified Parties”) against any and all tax liability incurred by Pragmatic as a result of Customer’s failure to submit all applicable state, federal, local and foreign taxes.
- OFAC COMPLIANCE. Customer represents and warrants that Customer (nor anyone Customer purchases on behalf of), is not on the OFAC list of Specially Designated Nationals and Blocked Persons or the U.S. Department of State’s Debarred List.
- OTHER. Pragmatic does not guarantee results of any kind. Customer understands and acknowledges that the use of Coaching is at Customer’s own discretion and risk. Pragmatic, its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with Customer’s use of Coaching.
- CONFIDENTIALITY: In connection with virtual coaching the Customer may disclose certain information that is of a sensitive or proprietary nature (“Confidential Information”).Pragmatic agrees to hold Customer’s Confidential Information in confidence and take reasonable precautions to prevent its disclosure (including without limitation all precautions it uses for its own confidential information of like kind), (ii) not disclose Confidential Information or part thereof to third parties, (iii) copy, recreate, reverse engineer (if applicable) or modify any Confidential Information in whole or in part unless expressly agreed to in writing by Customer, or (iv) use Confidential Information other than for the purpose for which it was disclosed.
TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.