Terms of Service

Last Updated: 2024-12-01

Welcome to Coachers.org (“Coachers,” the “Site,” or the “Services”). These Terms of Service (“Terms”) form a legally binding agreement between you (“User,” “you,” or “your”) and XAscend LLC (“Company,” “we,” “us,” or “our”). By accessing or using Coachers, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to all terms, please do not use or access the Site.

1. Who We Are

Legal Entity: XAscend LLC
Business Address: 30 N Gould St Ste R, Sheridan, WY 82801
Contact Email: support@coachers.org

Coachers is an online education platform providing pre-recorded materials, live group sessions, and 1-on-1 learning opportunities, including content designed for children (ages 3–9). However, all minors must have a parent or guardian oversee their use of our Services.

2. Eligibility

Minimum Age
You must be at least 18 years of age to create an account or purchase a subscription, unless you have verifiable parental consent if under 13 (see Children’s Use).
Authority
By using our Services, you represent and warrant that you have the full legal capacity and authority to enter into these Terms.

3. Account Registration

Accuracy of Information
When creating an account, you must provide accurate and complete information. You are responsible for updating this information if it changes.
Account Security
You are responsible for maintaining the confidentiality of your login credentials. We are not liable for any unauthorized access to or use of your account if you fail to safeguard this information.
Multiple Accounts
You may not create multiple accounts to abuse our system, circumvent restrictions, or for any fraudulent purpose.

4. Our Services

Nature of Services
Coachers offers educational content, coaching sessions, and related resources. We do not guarantee any specific outcome or result from these Services. The content provided is for informational and educational purposes only and does not constitute professional advice (medical, legal, financial, psychological, or otherwise).
Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.
No Guarantee of Availability
We endeavor to keep the Site available 24/7 but cannot guarantee uninterrupted access. We are not liable for any downtime or technical issues that prevent access.

5. Payments & Subscriptions

Fees & Billing
If you purchase a paid plan or subscription, you agree to pay all applicable fees as they become due. We use third-party payment processors (e.g., Stripe, PayPal) and do not store complete payment details on our servers.
Refunds
Any refund policy will be stated at the time of purchase or clearly posted on our Site. If no refund policy is stated, then fees are non-refundable to the fullest extent permitted by law.
Late Payments
If your payment method is declined, we may suspend or terminate your access to paid content until fees are paid in full.

6. User Conduct

Prohibited Activities

You agree not to:
Use the Site for any illegal or unauthorized purpose.
Engage in harassment, threats, hate speech, or any harmful conduct.
Post, upload, or transmit any content that is false, misleading, defamatory, obscene, or infringes on a third party’s rights.
Introduce malware, viruses, or other harmful code into the Site.

User Content

If you post or upload any content (e.g., comments, images, videos), you represent and warrant that you own or have the necessary rights to share that content.
You grant XAscend LLC a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, adapt, and display your content for the purpose of operating and improving the Site.

7. Intellectual Property

Ownership
All content, features, and functionality on Coachers (including text, graphics, software, trademarks, and logos) are owned by or licensed to XAscend LLC and are protected by intellectual property laws.
Limited License
We grant you a limited, revocable, non-exclusive license to access and use our Services for personal, non-commercial purposes. You may not modify, resell, redistribute, or create derivative works of our content without our express written permission.

8. Children’s Use

Under 13
We do not knowingly allow children under 13 to create an account or purchase a subscription unless a parent or guardian provides verifiable parental consent.
Parental Responsibility
Parents or guardians who grant their children access to our platform are fully responsible for their child’s activity and compliance with these Terms. By providing payment details and registering a child user, you confirm that you are the child’s parent or guardian and consent to the collection and use of the child’s personal information as outlined in our Privacy Policy.
Notifications
If you believe we have inadvertently collected personal information from a child without parental consent, please contact support@coachers.org so we can delete the information.

9. Disclaimer of Warranties

As Is & As Available
Our Services are provided “as is” and “as available” without warranty of any kind, whether express or implied.
No Guarantees
We do not guarantee that using our Site will result in any particular outcome or benefit. We are not liable for any reliance you place on information obtained through the Site.
Third-Party Services
We may provide links or references to third-party websites or services. We do not endorse or assume responsibility for these third parties, and any use of third-party sites is at your own risk.

10. Limitation of Liability

Indirect Damages
To the fullest extent permitted by law, XAscend LLC and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to these Terms or your use of the Site.
Aggregate Liability
In no event will our total liability for any claim related to the Site exceed the amount of fees you paid to us in the past six (6) months, or one hundred U.S. dollars (USD $100), whichever is greater.
Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless XAscend LLC, its affiliates, directors, officers, employees, contractors, and agents from any claims, damages, losses, liabilities, or expenses (including attorneys’ fees) arising out of or related to:

Your breach of these Terms.
Your misuse of the Site.
Your violation of any third-party rights, including intellectual property rights.

12. Termination

Termination by You
You may stop using the Site at any time. If you wish to delete your account, please contact us at support@coachers.org.
Termination by Us
We reserve the right to suspend or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms.
Effect of Termination
Upon termination, all rights granted to you in these Terms will cease immediately. Any provisions that by their nature should survive termination (e.g., indemnifications, limitations of liability) will remain in effect.

13. Governing Law & Dispute Resolution

Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, U.S.A., without regard to conflict of laws principles.
Venue
Any dispute arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in [County/City], Wyoming. You consent to the personal jurisdiction of such courts.
Waiver of Class Actions
You agree that any dispute resolution will be conducted on an individual basis and not as a class, consolidated, or representative action.

14. Changes to These Terms

We may update these Terms from time to time at our sole discretion. If we make material changes, we will:

Update the “Last Updated” date at the top of this page; and/or
Provide additional notice (e.g., a prominent notice on the Site or an email notification).
Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.

15. Miscellaneous

Entire Agreement
These Terms, along with any additional policies referenced herein (including our Privacy Policy and Cookie Policy), constitute the entire agreement between you and XAscend LLC regarding your use of the Site.
Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.
No Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Assignment
You may not assign or transfer these Terms without our prior written consent. We may freely assign these Terms as part of a merger, acquisition, or sale of assets.