These Terms of Services (these "Terms") apply to our websites (our "Sites"), our newsletter, any accounts offered through our Sites, and any services purchased from us or otherwise made available by us from time to time (all of the foregoing being collectively referred to as the "Services"). In addition to these Terms, your access to and use of the Services are governed by The Founder Coach / Scale Yourself Privacy Policy, which can be found on our Sites (the "Privacy Policy"), and which is incorporated into these Terms by reference. Please read these Terms and the Privacy Policy carefully. These Terms govern your use of the Services and constitute a binding agreement between you and Amy Buechler of Amy N Buechler, LLC dba The Founder Coach and dba Scale Yourself ("The Founder Coach," "Scale Yourself," "we," "our" or "us"), and are deemed accepted by you and us. Your access to or use of the Services indicates your acceptance to these Terms. By using the Services, you hereby warrant and represent that (i) you have read, understand and agree to these Terms, and (ii) if you are acting on behalf of your employer or an entity, you have the authority to accept and agree to these Terms. PLEASE DO NOT ACCESS OR USE THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS. We reserve the right to revise these Terms at any time, at our sole discretion, by posting an updated version to the Sites – see the section below titled "Amendments" for more information.
All material and services available on the Sites, and all material and services provided by or through The Founder Coach, Scale Yourself, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, newsletters, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material to us or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All our trademarks and service marks, logos, slogans and taglines are the property of The Founder Coach and Scale Yourself. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any Materials, trademarks, service marks, logos, slogans or taglines displayed on our Sites without our express written permission. If we do consent to such usage, you must give us credit and provide an attribution link in connection with any such permitted usage. We reserve the right to revoke our consent to any such usage at any time and for any or no reason.
Subject to these Terms, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to use the Materials to the extent, and only to the extent, necessary to access and use the Services in accordance with these Terms. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent is expressly prohibited. We reserve all rights not expressly granted in these Terms.
If you are a copyright owner or a direct agent thereof and believe that any content included in the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent at the following address with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Address:
The Founder Coach / Scale Yourself
Copyright Agent
2261 Market St., #4137
San Francisco, CA 94114
USA
Email: hi@scaleyourself.com
You agree to all of the following:
Certain Services, such as saving your reading progress on our Sites, require you to create an account. If you create an account, you agree to: (i) provide accurate and complete information when creating and maintaining your account, (ii) maintain the confidentiality and security of your account credentials and promptly notify us of any unauthorized use of your account, and (iii) accept responsibility for all activities that occur under your account. You must be at least 18 years of age to create an account, consistent with the Rules above.
We may suspend or terminate your account, in whole or in part, at any time and in our sole discretion, including if we believe you have violated these Terms, engaged in fraudulent, abusive, or unlawful activity, or if we discontinue the Services or the account feature generally. We may also suspend or terminate an account after a prolonged period of inactivity. You may terminate your account at any time by contacting us at hi@scaleyourself.com.
Upon termination of your account for any reason, your right to access and use the Services will immediately cease. Any provision of these Terms that by its nature should survive termination — including, without limitation, provisions relating to ownership, warranty disclaimers, indemnification, and limitations of liability — will survive any termination of your account or of these Terms.
The Sites may contain links to other websites owned by third parties ("Third-Party Sites") or may utilize third-party services for certain things (such as payment processing, once integrated) ("Third-Party Services"). Please note that when you click on any of the links to Third-Party Sites, you are entering another website for which we have no responsibility or control. In addition, we are not responsible for any activity occurring within Third-Party Sites or for any Third-Party Services provided in connection with our Services. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third-Party Sites or our use of Third-Party Services in connection with our Services. You acknowledge that Third-Party Sites may be subject to the applicable third-party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on the Sites to any third party, third-party website or third-party product or service be construed as an approval or endorsement by us of that third party, third-party website or of any product or service provided by a third party.
Tickets for Events are non-cancellable and non-refundable, provided that The Founder Coach may issue a full or partial refund, in its sole discretion, for any event that is canceled by us. Events may be recorded, and by attending an Event, you are deemed to have consented to being recorded and to giving The Founder Coach and Scale Yourself the right to use such recording for any commercial or non-commercial purpose. This includes, without limitation, the right to use and grant others the right to use your image, likeness and voice as captured in such recordings in all forms and media, whether now known or hereinafter invented or discovered, in perpetuity and throughout the world, for any purposes whatsoever – all without any reservation of rights by you. The Founder Coach may choose to make such recordings available to you, provided that you may use such recordings solely for your own internal non-commercial use and may not share them with any third party.
If you sign up for an event hosted by us or otherwise offered or promoted via our Sites (an "Event"), you voluntarily choose to assume any risks associated with participating in such Event. When you participate in an Event, you waive any and all claims and causes of action for liability against the following parties: (i) us and our affiliates, (ii) any producers, presenters or other partners or vendors involved with the Event, and (iii) any insurers of the foregoing parties.
If you use our Services to be matched with a coach, or if you are a coach being matched with a founder, you acknowledge and agree that we are merely connecting founders and coaches and have no responsibility or liability for the actions of founders or coaches and do not guarantee that such pairing will meet all of your needs.
The Services, including any coaching provided directly by Amy Buechler and any coaching arranged through our founder-coach matching service, are coaching services and are not, and are not a substitute for, psychotherapy, counseling, or other mental health treatment. Although Amy Buechler is a Licensed Marriage & Family Therapist (#125743) in the State of California, she does not act in that licensed capacity when providing coaching through the Services, and no therapist-client relationship and no doctor-patient relationship is formed between you and Amy Buechler, or between you and any other coach, through your use of the Services. Coaches made available through our matching service are not vetted or represented by us to be licensed mental health professionals, and we make no representation as to their qualifications beyond what they provide to us directly.
If you are experiencing a mental health crisis, thoughts of harming yourself or others, or believe you may need clinical or emergency care, please contact a licensed mental health professional, call or text 988 (the Suicide & Crisis Lifeline in the United States), or call 911 or your local emergency number. Any crisis-related resources or guides made available on our Sites are provided for general informational purposes only and are not a substitute for professional evaluation or emergency services.
THE SITES, SERVICES AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE FOUNDER COACH, SCALE YOURSELF, AND THEIR LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE FOUNDER COACH, SCALE YOURSELF, NOR THEIR LICENSORS WARRANT THAT ACCESS TO THE SITES, THE MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES THE FOUNDER COACH, SCALE YOURSELF, OR THEIR LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENTNESS, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE MATERIALS OR THE SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND YOUR RELIANCE UPON THE SERVICES AND/OR THE MATERIALS IS AT YOUR SOLE RISK.
FURTHER, THE FOUNDER COACH, SCALE YOURSELF, AND THEIR LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES, THE MATERIALS OR THE SITES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITES, THE SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS OF ALL APPLICABLE JURISDICTIONS. NEITHER THE FOUNDER COACH OR SCALE YOURSELF NOR ANY THIRD-PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITES, THEIR SERVERS, THE MATERIALS OR THE SERVICES OR ANY E-MAIL SENT BY US OR ANY THIRD-PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT AMY BUECHLER IS A LICENSED MARRIAGE & FAMILY THERAPIST #125743 IN THE STATE OF CALIFORNIA, BUT YOU UNDERSTAND AND AGREE THAT FOR THE SAKE OF THE SERVICES BEING PROVIDED, SHE IS NOT WORKING IN HER PROFESSIONAL CAPACITY AS A LICENSED PSYCHOTHERAPIST AND IS THEREFORE NOT SUBJECT TO CALIFORNIA OR FEDERAL REGULATORY LAWS MANAGING THE PROFESSIONAL PRACTICE OF MENTAL HEALTH PROFESSIONALS. IT HAS NOT BEEN MADE EXPLICIT NOR HAS IT BEEN IMPLIED THAT YOU ARE A MENTAL HEALTH PATIENT UNDER THE PROFESSIONAL CARE OF AMY BUECHLER.
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SITES, THE SERVICES OR THE MATERIALS, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE FOUNDER COACH, SCALE YOURSELF, AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, IN CONNECTION WITH YOUR USE OF THE SERVICES, MATERIALS OR THE SITES WILL NOT EXCEED (I) IF YOU HAVE PAID FEES TO THE FOUNDER COACH OR SCALE YOURSELF FOR AN EVENT OR ANY OTHER SERVICE OR MATERIALS, THE AMOUNT OF SUCH FEES, OR (II) IF YOU HAVE NOT PAID ANY FEES TO THE FOUNDER COACH OR SCALE YOURSELF, $100.
CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, for all or some of our users, for any reason, at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Sites or by direct communication to you unless otherwise noted.
You agree to indemnify, hold harmless, and defend The Founder Coach, Scale Yourself, and their licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the Services, the Sites or the Materials. This includes, but is not limited to, any breach or violation of these Terms by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
We reserve the right, in our sole discretion, to modify or replace any part of these Terms at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the Sites that we have changed these Terms. We encourage you to visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Sites, including paid subscriptions. For the avoidance of doubt, such new features and/or services shall be considered “Services” and are subject to the terms and conditions of these Terms; if and when we introduce paid subscriptions, we will update these Terms to include applicable billing, renewal, and cancellation terms before that feature goes live.
The formation, interpretation and performance of these Terms and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of California without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in San Francisco County, CA, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions.
We may determine in our sole discretion whether or not you are in violation of these Terms. Offending users may be permanently restricted from using the Services. We have the right to investigate and prosecute violations of these Terms to the fullest extent of the law and may involve and cooperate with law enforcement authorities in doing so. You acknowledge that The Founder Coach and Scale Yourself have no obligation to monitor your access to or use of the Services, but have the right to do so for the purposes of operating the Services, ensuring your compliance with these Terms, or complying with applicable law or the order or requirement of a court, administrative agency or other governmental body.
You acknowledge that a violation or attempted violation of any of these Terms will cause such damage to The Founder Coach and Scale Yourself as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that The Founder Coach and Scale Yourself shall be entitled as a matter of right to seek an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by The Founder Coach or Scale Yourself in obtaining such an injunction, including, without limitation, attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of The Founder Coach, Scale Yourself, or the exploitation of the Materials or the Sites.
These Terms constitute the complete and exclusive agreement between the parties concerning its subject matter and supersede all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter hereof. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. These Terms do not confer any third-party beneficiary rights.