Conscious Relating LLC: Our videos and coaching services are provided through Conscious Relating LLC, a Vermont Limited Liability Company, managed by Caroline O’Connor. Coaching is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education and recreation. Deciding how to handle these issues and how to incorporate coaching principles into those areas is exclusively your choice. No results are guaranteed, and any actions you take and any resulting consequences are solely your responsibility. 

Conscious Relating LLC, a Vermont Limited Liability Company (“Caroline O’Connor Coaching”, “us” or “we”) owns and operates this website and any other web services or products offered by Caroline O’Connor Coaching now or in the future, including, but not limited to, its related social media platforms.  By accessing, using, downloading, viewing this website, or any of its services, products, classes resources, podcasts, Content (defined below), and/or purchase of our Conscious Relating LLC consultations or programs (collectively, the “Site”), you hereby consent and agree to these terms and conditions (“Terms of Use”). The Terms of Use and Privacy Policy (collectively, the “Terms”) govern your use of the Site, and other free materials and resources provided by the Site, and any other services or Products (defined below) we make available on this Site (collectively, the “Services”). These Terms constitute a legally binding agreement made by and between Conscious Relating LLC and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).

BY ACCESSING OR USING ANY PART OF THE SITE, PRODUCTS, OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. 

HEALTHCARE ACKNOWLEDGEMENT & DISCLAIMER  

Conscious Relating LLC is not a medical practice, and our principal Caroline O’Connor is not a doctor.

No aspect of Conscious Relating LLC’s courses or programs associated with Caroline O’Connor’s Coaching’s Products or Services are meant to be a substitute for professional advice from your professional care provider. Conscious Relating LLC makes no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or instruction provided through the Services. You are encouraged to consult with your healthcare provider or other professional care provider with any questions or concerns you may have regarding any health condition or any other condition that you may have before taking any action or engaging in any activity or program, including Conscious Relating LLC’s Services.

You acknowledge and agree that when taking any action or participating in any activity, routine or program that may be described in the Services that there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.

Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for physical or mental health treatment. There are no treatment or medical-based elements to the Program, and is not meant for those who are in need of (or think they may be in need of) medical services. Coach is not attempting nor suggesting Client enroll in the Program in place of a personalized consultation with a medical professional in your geographical area. It is understood and agreed to by The Client and The Coach that if either of us recognizes that you, The Client, have a problem that would benefit from psychotherapy, I, The Coach, may refer or direct you to appropriate resources in addition to or in lieu of Coaching.

Coach encourages Client to consult a physician if he/she suspects he/she may benefit from such services. Coach will assume that all individuals choosing to purchase Program will have previously obtained clearance and permission from their applicable personal medical physician or other providers and has concluded that the coaching Program offered is right for them. Nothing contained within Program is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.

In addition to being a Coach, Caroline O’Connor is also a licensed clinical mental health counselor in the State of Vermont with training and experience in diagnosing and treating emotional and psychological problems. Although there are some similarities between Coaching and psychotherapy, Caroline O’Connor will not conduct psychotherapy during this program. Coaching and psychotherapy are different modalities and it is important that you as The Client understand the differences between them. Although both Coaching and psychotherapy utilize knowledge of human behavior, motivation, behavioral change, and interactive counseling techniques, there are major differences in the goals, focus, assessment of medical necessity, and level of professional responsibility. The purpose of coaching is to provide healthy individuals with guidance, accountability, education and support. 

You should never disregard medical or other professional advice or delay seeking it. Conscious Relating LLC’s Services should not be used in lieu of professional advice given by qualified medical professionals such as your doctor or other professional care provider. It is important that the Services are used only in conjunction with qualified medical guidance and guidance provided by other applicable professional care providers.

You hereby release Conscious Relating LLC and waive any and all claims against Caroline O’Connor Coaching for any damages you may incur arising out of or related to your use of Caroline O’Connor Coaching/ Consulting Services, Site, or Products. You further agree to indemnify and hold harmless Conscious Relating LLC from any damages, liabilities, losses, or other claims incurred by Conscious Relating LLC and arising out of or related to your use of Conscious Relating LLC’s consulting Services, Site, or Products.

TERMS OF SALE FOR SERVICES

The following terms apply to your purchase of Services and Products offered on the Site.

 Services, Programs and Events. Through the Site, certain programs, e-courses, and consulting services may be offered for purchase, all of which are referred to as Services. The fees for such Services are as listed on the Site. All fees are due at the time of booking the Services unless otherwise indicated on the Site, and Conscious Relating LLC will have no obligation to provide Services until such fees are paid. All Services and Products are subject to these Terms of Use. 

Personal Use Only. Services are for your personal use only. You agree to not sell or resell any Services you purchase.

Services Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.

Purchasing Products and Services. The display of Services on the Site invites you to make an offer to purchase the Services. Your order is an offer to buy the Services, which we accept only by providing the Services or confirming your request for Services. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction for any reason.

Orders. We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Service is unavailable or if the date of Services need to be rescheduled. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar Products or Services to fulfill your order.

PAYMENT

Client authorizes Company (and any payment processor) to charge credit card for all purchases you make, with the forms of payment stated on the site. Client agrees to render payment and understands that full payment amount is owed, and can be paid in full at once, or may be financed over time if Coach has offered a payment plan. If Client cancels this agreement early, Client understands and agrees they may not terminate this payment plan early, even if they elect to end their participation in the Program early. If Client fails to make all payments timely, Coach reserves the right to terminate Client’s participation in the Program early, without refund of funds already paid. There are no refunds, returns or charge backs allowed once the program has commenced. Please ask any and all questions you may have about the Program or its contents before starting.

Rescheduling. Should you need to reschedule a one-on-one Services session, you may do so by providing 48-hour notice in advance of your session by emailing Conscious Relating LLC at support@consciousrelating.love. Sessions not cancelled 48 hours in advance will be charged full price. Group Services sessions are not subject to rescheduling, and no refunds are granted if you are unavailable to attend.

Returns. We do not allow returns or substitutions of Services. All sales are final.

NO GUARANTEE

Coach/ Company does not warrant or guarantee any specific level of performance or relationship results. Examples of results obtained for other clients by Coach may be used as a marketing tool and shown to Client for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results. While many of Coach’s past and current clients have experienced wonderful benefits, and Coach and her team will act in their full capacity to ensure all clients are successful and fulfilled in the Program, Coach cannot guarantee specific results. It is up to the Client to implement the work and achieve their desired outcome, and Client will hold Coach and Program harmless if they do not experience desired results.

HANDLING OF DISPUTES

Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.) If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Burlington, Vermont within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgment of law or decree. 

PAYMENT CANCELLATION DISPUTE

Client agrees not to cancel or dispute any credit card payments charged by Coach in connection with this Agreement, as long as the payment charged by Coach coincides with what has been agreed upon herein. Should Client elect to cancel any credit card payments, or any payments of any method used by Client, Company reserves the right to: 

1. Immediately cancel this Agreement; 

2. Seek reimbursement from Client for any monies owed to Company in connection with the cancellation or disputed charges; 

3. Request that Client pay the full balance of money owed, “accelerating” the payment plan.

4.  If Client does not pay for such hourly work upon Company's demand and within 10 days, Company reserves the right to initiate an action in court for breach of contract, regardless of the previous outcome of any payment cancellation dispute.

5. If Company is successful in any credit card cancellation dispute, Company reserves the right to pursue Client for the costs Company has incurred in disputing or defending such payment cancellation, including but not limited to the lost business profits in the form of time Company and its representatives spent handling such dispute, at Company's hourly rate of $200 per hour, in addition to any litigation fees, including attorney fees, incurred by Company.

OWNERSHIP OF MATERIALS

Company shall retain the creative rights to all original materials, data, and similar items produced by Company hereunder in connection with Services under this agreement. All services and software used by Company shall at all times be the sole property of Company, and under no circumstances shall Client have any interest in or rights to the title to such materials or software. Client acknowledges that Company may use and modify existing materials for Client's benefit, and that Client holds no rights to such materials - Client may be granted the right to use such materials for his/her business only, and may only make personal use of such materials. Personal Use Only. Services are for your personal use only. You agree not sell or resell any Services you purchase.

PROPRIETARY INFORMATION, INTELLECTUAL PROPERTY AND USE OF MATERIALS

Except as provided elsewhere in this Agreement, all information disclosed by one Party to the other Party, shall be deemed to be confidential and proprietary ("Proprietary Information"). Such Proprietary Information includes, but not limited to, information regarding marketing, sales programs, sales volume, sales conversion rates, sales methods and processes, sales proposals, products, services, vendors, customer lists, training manuals, sales scripts, telemarketing scripts, names of investors, and customer information, operating procedures, pricing policies, strategic plans, intellectual property, information about a Party's employees, and other confidential or Proprietary Information belonging to/ related to a Party's affairs. The receiving Party acknowledges and agrees that in any proceeding to enforce this Agreement it will be presumed that the Proprietary Information constitutes protectable trade secrets, and that the receiving Party will bear the burden of proving that any portion of the Proprietary Information was publicly or rightfully known and disclosed by the receiving Party. The Parties, their employees, subsidiaries, affiliates, agents, and assigns agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confidence and with not less than the same degree of care that they provide for their own confidential and proprietary information. The Parties warrant and represent that the degree of care contemplated herein is adequate and the Parties will take any and all steps reasonably necessary to preserve such Proprietary Information. Nothing in this Agreement shall prohibit or limit the receiving Party's use of information that can be demonstrated as: (a) previously known to the receiving Party; (b) independently developed by the receiving Party; (c) acquired from a third party not under similar non-disclosure obligations to the disclosing Party; or (d) acquired through the public domain through no breach by the receiving Party of this Agreement.

GOVERNING LAW; VENUE; INTERPRETATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Vermont applied to contracts that are executed and performed entirely in Vermont. The exclusive venue for any court proceeding based on or arising out of this Agreement shall be Burlington, Vermont.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled to by law.

STIPULATED (LIQUIDATED) DAMAGES

Parties hereto acknowledge and agree that the amounts payable under Sections 3-10 constitute stipulated (liquidated) damages and not penalties. The parties further acknowledge that: (i) the actual amount of loss or damages likely to be incurred by Company is difficult to precisely estimate; (ii) the amounts specified in such subsections bear a reasonable proportion and are not plainly or grossly disproportionate to the probable loss likely to be incurred by Company in connection with any failure by Client to perform his or her obligations under this Agreement; (iii) one of the reasons for the Parties reaching an agreement as to such amounts was the uncertainty and cost of litigation regarding the question of actual damages; and (iv) the Parties hold themselves out to be sophisticated business parties and expressly affirm herein that they had the opportunity to be represented by, or consult with, sophisticated and able legal and financial counsel in negotiating this Agreement in good faith. The parties further agree that failure to consult with counsel prior to entering this Agreement is not a defense to enforcement of this entire Agreement and all clauses contained herein.

MUTUAL NON-DISPARAGEMENT

Both Parties agree that in business, sometimes things don't work out or the relationship is no longer healthy, agreeable or sustainable. If the relationship should stop or part ways for any reason, both Parties respect each other's online reputation, public reputation and will remain respectful of each other as to not disparage each other personally, professionally, verbally, written or other regarding products, services or coaching programs and will not speak to Company's Clients in the Program negatively.

ENTIRE AGREEMENT

This Agreement is the final, complete, and exclusive Agreement of the Parties. No modification of or amendments to this Agreement shall be effective unless expressed, in writing, and signed by the Parties.

SEVERABILITY

If any provision of this Agreement shall be held to be illegal, invalid, or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement. Thus, the remaining provisions of this Agreement shall remain in full force and effect.

CONFIDENTIALITY: 

As a licensed clinical mental health counselor, it is my duty to protect the confidentiality of the communications with my clients, including my coaching clients. Any support staff who may provide administrative support are trained in HIPAA requirements for confidentiality. I, The Coach, will only release information about our work to others with your written permission or if I am required to do so by a court order. There are some situations in which I am legally obligated by Federal and State laws to breach your confidentiality in order to protect others from harm, including the following: (1) If I have information that indicates that a child, elderly or disabled person is being abused, I must report that to the appropriate state agency; and; (2) If a client is an imminent risk to him/herself or makes threats of imminent violence against another person, I am required to take protective actions. These situations rarely occur in coaching practices, but if such a situation does occur, I will make every effort to discuss it with you before taking any action.

Your identity as a coaching client, and all your communications with Coach, will be treated by Coach as confidential, unless you give Coach express permission to disclose specific information. During group coaching sessions, including teleconference groups, the Client agrees to maintain confidentiality of other group members at all times. As Coach cannot control the actions of other participants, Coach cannot guarantee that information shared in any Group Coaching Session will be treated as confidential by all participants in attendance, though all participants will be asked in advance to agree to and honor confidentiality completely. It is understandable that progress is often enhanced when clients discuss their coaching relationship with trusted colleagues and friends. Client can have these discussions with trusted colleagues and friends, but Client agrees not to share any information that would allow others in the group to be identified. Accordingly, Client hereby agrees to release and hold Coach harmless from any claims, losses, injuries, damages, and expenses of any kind that may result from the disclosure of information shared by Client during any Coaching Session by any participant of the Group Coaching Program. Additionally, in the event that there is evidence that Client is a potential danger to himself/herself or another, or in the event that Client discloses illegal activity, Coach is ethically bound to report same to the appropriate authority. In such case, Coach will discuss same with Client prior to taking such action.

Client also acknowledges that, in connection with this Agreement, Client may be furnished with, or given access to, certain confidential and/or proprietary information, and that such information shall not be disclosed to any third party, and shall not be used for purposes other than those contemplated by this Agreement. 

Confidential Information may include, but is not limited to, the following: a) any materials regardless of form furnished by either Party or any participant of the Group Coaching Program to any other Party for use; b) all communications and information shared between Client, Coach or any participant of the Group Coaching Program while this Agreement is in effect; c) any information furnished by any party or any participant of the Group Coaching Program, stamped “confidential,” “proprietary,” or with a similar legend, or any information that any party or any participant of the Group Coaching Program makes similar reasonable efforts to maintain secret; d) any business or marketing plans, strategies, customer lists, operating procedures, formulas, know-how, processes, programs, software, inventories, discoveries, improvements, sales projections, strategies, pricing information; and other confidential trade secrets, data and knowledge of either party or any participant of the Group Coaching Program; e) any non-public inventions and technical information, the rights to which have not been assigned to the party receiving the information; and other proprietary information owned by either party or any participant of the Group Coaching Program, (collectively “Confidential Information”), which are valuable, special and unique assets of that party. 

Neither Client nor Coach will disclose or use, either during or after the term of this Agreement, in any manner, directly or indirectly, any such Confidential Information of the other party, for their own benefit. Neither party will use, share, divulge, disclose or communicate in any manner whatsoever any Confidential Information to any third party without the prior written consent of the other party, except to the extent required by law or permitted under this Agreement. Both parties will protect all Confidential Information of the other party and all other participants of the Group Coaching Program and will treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement.

 Notwithstanding anything in this Agreement to the contrary, Client acknowledges that it is impossible to protect the confidentiality of information transmitted electronically via e-mail, mobile phones or similar telecommunication and computer equipment, as well as any information stored on computers connected to the Internet. Therefore, Client waives any action, legal or otherwise, against Coach and holds Coach harmless for any interception of Client information resulting from the use of the above-mentioned equipment.

If either party to this Agreement discloses or threatens to disclose the other party’s Confidential Information in violation of this Agreement, the party whose information is at issue will suffer irreparable damage and shall be entitled to an award by any court of competent jurisdiction of a temporary restraining order and/or preliminary injunction to restrain the other party from such unauthorized use or disclosure, in whole or in part, of such Confidential Information, without the need to post a bond, and/or from providing services to any party to whom such information has been disclosed or may be disclosed. 

The infringing party further agrees to reimburse the party whose information has been disclosed for any loss or expense incurred as a result of the infringement, including but not limited to court costs and reasonable attorney fees incurred by the Disclosing Party in enforcing the provisions of this Agreement, in addition to any other damages which may be proven. The parties shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.

HEADINGS

The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement.

Your signature below, as The Client, acknowledges that you have read the information contained in The Agreement and Informed Consent; and indicates your assent to the terms of The Agreement; and signifies your assurance that you will abide by its terms during our professional Coaching relationship. The parties to The Agreement will hold duplicate originals of this document which have been signed and dated by both parties.

 INDEMNIFICATION

Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.

Notice to Users Outside the United States of America. The Site is controlled and offered by Conscious Relating LLC from the United States of America. Conscious Relating LLC makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.