Terms of Use and Privacy Policy

TheWillToChange.Com User Terms and Conditions

And Privacy Policy

The terms and conditions below explain the use and protection of the information that you provide in connection with your use and view of TheWillToChange.com (hereafter “The Will to Change,” “us,” “we,” or “our”), which is owned by The Will to Change, Inc. Such information shall include, but not be limited to, Internet protocol addresses, the domain you use to access The Will to Change website (“Website”), the version and type of browser or operating system you use, the web page that you came from or visit next, your email address, user name, geographic location, average time spent on the Website, any text contained in emails and/or information entered during your online browsing or purchases, credit card numbers, phone numbers and/or addresses (“User Information”).

By clicking the “I accept” icon related to this policy, you expressly and voluntarily agree to the following terms and conditions:

1. Collection of User Information. You expressly consent to our collection, transfer, storage, use and disclosure of your User Information, inside and outside of our servers, for purposes of client coaching, coaching studies, subscribing to our online newsletter, and collecting, charting and tracking User Information to generate reports related to Website content. We reserve the right to use your User Information for purposes of gathering information and performing statistical analyses of Website user preferences and characteristics.

2. Use of User Information. You agree that we may use your User Information in connection with client coaching and coaching studies, to prepare a newsletter subscription for you, and to create studies, charts, analyses and reports based on the information that you enter onto the Website. You further authorize and give us permission to post or track any emails that you send or messages that you post if in the sole discretion of The Will to Change we deem it valuable for educating others regarding coaching, and/or it is necessary to respond to your email(s).

3. Disclosure of User Information. You agree that The Will to Change may disclose your User Information to enforce our policies, protect anyone’s rights, property or safety, and respond to legal requests and/or subpoenas.

4. Safeguards and Security. The Will to Change shall store all User Information and protect such information by security safeguards appropriate to the sensitivity of such information. Despite these protections, you hereby acknowledge the risk and possibility that unauthorized third parties could illegally “hack” into, abuse and/or misuse your User Information. Accordingly, you release The Will to Change and any of its related entities, employees, officers, directors, agents, members, partners, successors, and licensees from any and all liability associated with third parties illegally accessing or misappropriating your User Information. We ask that you help protect your User Information by never giving out your personal information unless you deem it necessary or you voluntarily wish to do so, by logging off of your computer, and/or closing your Internet browser when you finish visiting the Website or other web pages.

5. Privacy Safeguards and Security. We shall not share with or disclose to any third parties personal or private information that you enter onto the Website (including, but not limited to, names, addresses, credit card numbers, telephone numbers, etc.) for any purpose, including the purchase of any featured products or materials. Despite these measures, you hereby acknowledge the risk and possibility that unauthorized parties could illegally “hack” into, abuse and/or misuse your User Information. In recognition of these risks and possibilities, you hereby release The Will to Change, The Will to Change, Inc., and any of their related entities, employees, officers, directors, agents, members, partners, successors, shareholders and licensees from any and all liability associated with unauthorized access or misappropriation of your User Information. We ask that you help protect your User Information by never disclosing it unless you voluntarily deem it necessary. In a further effort to protect your User Information, The Will to Change asks that you log off of your computer and close your Internet browser when you finish visiting this Website and other web pages.

6. Links to Other Sites and Advertisements. The Website may contain links to other web pages and services. While The Will to Change tries to link only to other web pages and services that share our high standards and respect for privacy, you hereby agree that we are not responsible for the content of or the privacy practices employed by other companies or websites.

7. Intellectual Property. You hereby acknowledge and agree that the Website, all images and content featured thereon, and any software used in connection with the Website (collectively “Intellectual Property”) contain proprietary and confidential information that is protected by intellectual property and other laws. Except as expressly authorized by The Will to Change, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Intellectual Property, in whole or in part. The Will to Change grants you a personal, non-transferable and non-exclusive right and license to use the Intellectual Property on a single computer; provided that you or third-parties do not copy, modify, create a derivative work from, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Intellectual Property. You agree not to access the Intellectual Property by any means other than provided through The Will to Change. The name The Will to Change and domain www.thewilltochange.com are the exclusive intellectual property of The Will to Change, Inc. You agree to not reproduce or use such property without our express authorization.

8. Disclaimer of Warranties. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WILL TO CHANGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE WILL TO CHANGE MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WEBSITE OR ITS OPERATIONS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Notwithstanding anything to the contrary, The Will to Change shall replace any products or materials that you purchase from the Website that are damaged upon your receipt of them, provided that they are returned with a receipt of purchase and without removing or breaking any packaging or protective seals. All purchases are final, and shall not be refunded unless The Will to Change chooses to do so at its sole discretion.

9. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WILL TO CHANGE, THE WILL TO CHANGE, INC., AND THEIR APPLICABLE ENTITIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MEMBERS, SHAREHOLDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE WILL TO CHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.

10. Minors. You hereby agree that you have reached the age of majority in the state in which you live. If you have not reached this age, you hereby represent and warrant that you have the permission or authority of your parent or guardian to register your User Information with The Will to Change.

11. Indemnity. You hereby agree to indemnify and hold The Will to Change, The Will to Change, Inc., and their related entities, employees, officers, directors, agents, members, partners, shareholders and affiliates harmless from any and all claims and demands (including reasonable attorneys’ fees and court costs) made by any third party due to or arising from any questions, comments, letters, messages or requests that you submit, post, transmit or otherwise make available through the Website, breach of any representations and warranties, use of the Website, violation of the terms of this policy, and/or your violation of any rights of another.

12. Updates. The Will to Change reserves the right to update these terms and conditions at its sole discretion without notice to you. If you do not agree to the terms and conditions above, you should not enter your User Information on the Website and/or “opt-out” of any registration or purchase opportunities related to The Will to Change and/or its applicable Intellectual Property, Website content and/or merchandise.

13. Choice of Law and Forum. You agree that the laws of the State of New Jersey shall govern the terms and conditions hereof. You further agree that all differences or disputes related to these terms and conditions shall first be submitted to mediation. In the event litigation is necessary thereafter, the applicable state and federal courts of the State of New Jersey shall have full and exclusive jurisdiction over all disputes. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this policy shall be filed within one (1) year after such claim or cause of action arose or be forever barred.