Day 6 Ranch, LLC
Terms | Agreements | Privacy
Effective date: April 21, 2023
Introduction
Please read these terms and conditions carefully before accessing or using any portion of Day 6 Ranch Online Learning or www.day6ranch.com.
By clicking “I agree” where provided, you are entering into binding legal contract with Day 6 Ranch, LLC that includes the terms and conditions and agreements contained herein ( the “Terms of Use”). If you are not prepared to enter into this Terms of Use or its various agreements with Day 6 Ranch, LLC, please do not access or use any portion of Day 6 Ranch Online Learning or www.day6ranch.com. If you have any questions or concerns about the terms and conditions please contact us at [email protected] to discuss before accessing or using any portion of Day 6 Ranch Online Learning or www.day6ranch.com.
We may change this Terms of Use from time to time by delivering notice at your most recent email address at least fourteen (14) days prior to the change(s) and posting the revised Terms of Use at www.day6ranch.com. If You are not prepared to agree to any such revised Terms of Use please contact us at [email protected] to arrange and discuss, and if necessary, prepare and execute your termination of agreement with us.
When used in this Terms of Use, the following terms have the meaning set below unless the context requires otherwise:
“Content” means the proprietary information, ideas, methods, instructions, techniques, practices and concepts included in the programs and other human and horse educational experiences made available through Day 6 Ranch Online Learning on their own and as expressed in the text, diagrams, photographs, videos, music, performances, software user interfaces and all other artistic, dramatic, audiovisual, musical works, performances, sound recordings and software, including any of the foregoing contributed by students and clients or service providers, available through Day 6 Ranch Online Learning and www.day6ranch.com.
“Contributions” means Content contributed by students and clients participating in Day 6 Ranch Online Learning and www.day6ranch.com.
1. Horse Activities are Inherently Dangerous
Day 6 Ranch Online Learning and www.day6ranch.com is dedicated to providing you with information and education about performance optimization for both humans and horses. However, horse activities are inherently dangerous and even the best information or practices do not guarantee the safety of horse, human, or property.
Nothing in Day 6 Ranch Online Learning and www.day6ranch.com or this Agreement is a guarantee of any results. IT IS A FUNDAMENTAL TERM OF THESE TERMS OF USE AND ALL CONTENT IS MADE AVAILABLE TO YOU ON THE CONDITION, THAT IN NO EVENT SHALL DAY 6 RANCH LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, OR STUDENTS, OR ANY OF THEIR RESPECTIVE SUCCESSORS OR ASSIGNEES HAVE ANY LIABILITY FOR ANY DAMAGES WHATSOEVER, OF ANY TYPE, ARISING FROM OR RELATED TO YOUR USE OR MISUSE OF THE CONTENT.
2. Types of Programs
A variety of online programs and educational materials will be made available through Day 6 Ranch Online Learning (collectively “Programs”). Other programs and materials may be added from time to time. Specifics of the currently available programs are listed at www.day6ranch.com.
a. Set Content Programs:
When made available, Day 6 Ranch Online Learning programs include set, pre-selected content which is directed at specific foundational or skill level topics. Access is granted for payment of a one-time fee. After you sign up for a Set Content Program you will have 2 days to decide to terminate the purchase for any reason, and to receive a refund of any monies paid for that program. Otherwise, there are no refunds for programs. If you desire to terminate your program at any time, you must deliver notice of your intention to terminate to [email protected]. Once you pay for these programs, you are licensed to access the content for as long as the content continues to be hosted at www.day6ranch.com, which shall not be less than one year from the date they first become available on www.day6ranch.com.
When you sign up for a Set Content Program, you will be asked to provide us with a current, valid, accepted method of payment. In order to maximize the security of that information, we have hired a third-party payment service to process payments and store this information. It will not be stored by Day 6 Ranch, LLC. When you provide us with the payment information, you are authorizing us to provide it to our third-party payment service and You are authorizing them to use it for payment each time the subscription renews. You also agree to update any payment method that expires or otherwise ceases to be valid.
b. Ongoing Subscriptions:
When made available, Day 6 Ranch Online Learning program will have the option for automatic renewal subscriptions. You can choose either monthly or annual subscriptions and will be licensed to access the Content for these Programs for the period for which you have paid subscription fees. After you sign up for a subscription, you will have 2 days (for monthly subscriptions) or 14 days (for annual subscriptions), to decide to terminate the subscription for any reason whatsoever, and to receive a refund of any monies paid for that subscription. Otherwise, there are no refunds for subscriptions. You can terminate your subscription at any time by delivering notice of your intention to terminate to [email protected]. Your subscription will terminate at the end of the latest subscription period for which you have paid.
When you sign up for a subscription-based Program, you will be asked to provide us with a current, valid, accepted method of payment. In order to maximize the security of that information, we have engaged a third-party payment service to process payments and store this information. This information will not be stored by Day 6 Ranch, LLC. When you provide us with the payment information, you are authorizing us to provide it to our third-party payment service and authorizing them to use it for payment each time the subscription renews. You also agree to update any payment method that expires or otherwise ceases to be valid. We will provide you with notice of the pending renewal of an annual (not monthly) subscription at least 30 days prior to the renewal date.
If you do not want to renew a subscription, please provide your notice of your decision not to renew to [email protected] prior to the renewal date in order to avoid being charges for the next subscription period.
c. Lifetime Access Subscription:
When made available, Day 6 Ranch Online Learning program will have the option for Lifetime Access. This will be completed by a one-time purchase that will license you to access the Content for these Programs until written notice of termination is sent to [email protected]. After you sign up for a Lifetime Access Program you will have fourteen (14) days to cancel the subscription for any reason whatsoever, and to receive a refund of any monies paid for that subscription. Otherwise, there are no refunds for subscriptions. You may terminate your subscription at any time by delivering notice of your intention to terminate to [email protected]. Your subscription will then terminate upon receiving your written notice.
When you sign up for a Lifetime Access Subscription, you will be asked to provide us with a current, valid, accepted method of payment. In order to maximize the security of that information, we have engaged a third-party payment service to process payments and store this information. This information will not be stored by Day 6 Ranch, LLC. When you provide us with the payment information, you are authorizing us to provide it to our third-party payment service and authorizing them to use it for payment each time the subscription renews. You also agree to update any payment method that expires or otherwise ceases to be valid.
If you want to terminate your Lifetime Access Subscription, you shall provide notice of your decision to terminate to [email protected].
d. Bonus For Day 6 Ranch Online Learning:
Day 6 Ranch Online Learning is a combination of pre-records and evolving content designed to provide students and clients an opportunity to participate in an interactive learning environment. Part of this experience includes a Facebook group. Upon purchasing or subscribing to any program, you will receive an invite to such group. As long as your membership and participation are in good standing, your membership of such Facebook group shall remain active.
3. Intellectual Property
a. Ownership of Day 6 Ranch Online Learning:
We have invested significant time and capital into the development of Day 6 Ranch Online Learning. Day 6 Ranch Online Learning and its content constitutes the valuable intellectual property of Day 6 Ranch, LLC, its service providers and in relation to Contributions, its students, and clients. Day 6 Ranch Online Learning and its content is protected by intellectual property laws, and we ask you to respect our intellectual property rights and those of our service providers, students, and clients. Nothing in this Terms of Use or in Day 6 Ranch Online Learning transfers any ownership right, title, or interest in or to Day 6 Ranch Online Learning, its content, or any associated intellectual property, in or to any portion thereof, to you or any participant.
b. License Grant:
Subject to the remaining terms and conditions of this Terms of Use, we grant you a personal, non-exclusive, non-transferable, non-sublicensable right to access and use Content for which you have paid the applicable fees, solely for the timeframe associated with those fees, and for any Content made available, at no charge, solely while it remains part of Day 6 Ranch Online Learning and www.day6ranch.com.
c. Exclusion from License:
You acknowledge and agree that you shall not reproduce or modify, in any manner whatsoever, any portion of Day 6 Ranch Online Learning or its content without our prior written authorization from Day 6 ranch, LLC. You further agree not to collect, download, scrape, reverse engineer, sell, lease, rent, distribute, Day 6 Ranch Online Learning, its content or any portion or derivative work thereof, or to share or distribute such intellectual property with or to any other person.
d. Contributions:
If you provide any contribution to Day 6 Ranch Online Learning, you hereby irrevocably authorize us to use, display, and reproduce that contribution, including your image, name, and the image and name of anyone else participating in the contribution in any manner whatsoever, as part of Day 6 Ranch Online Learning. You represent, warrant, and covenant that you have obtained all necessary permissions to grant us these rights, and the contributions do not violate the intellectual property or privacy rights of any third-party. Nothing herein requires Ray 6 Ranch to post or retain any particular contribution.
e. Infringement of Your Copyright:
If you believe that any content including contributions available through Day 6 Ranch Online Learning and www.day6ranch.com violates your or any other copyright, please deliver notice to us in accordance with relevant law to [email protected].
f. Privacy Rights:
If you believe any content violates your privacy rights, please deliver notice to us at [email protected]. Please see our privacy policy at www.day6ranch.com for additional information.
g. Links:
Day 6 Ranch Online Learning and www.day6ranch.com may contain links to website that we do not operate or control. We are not responsible for and have no control over the content of these websites or the treatment of your personal information in relation to any such websites. You should direct any concerns you have about such websites to their respective site administrators.
h. Injunctive Relief:
You agree that a material breach of this Terms of Use and the agreements herein may cause irreparable harm to Day 6 Ranch LLC, for which a remedy at law may be inadequate. Accordingly, in addition to any remedies as law, you agree that Day 6 Ranch LLC may seek injunctive relief without posting any security or bond, and you irrevocably waive any such requirement of bond.
4. Rules for participation
We are honored you have chosen Day 6 Ranch Online Learning and www.day6ranch.com to grow your potential. To achieve such goals, we ask that you abide by certain rules while participating in any Day 6 Ranch Online Learning Experience.
a. Safe and Kind Space:
We treat, and expect our students and clients to treat, everybody participating in Day 6 Ranch Online Learning, regardless of their level of experience and knowledge, with respect and kindness. We cannot establish an optimal learning environment if we permit negative, rude, or condescending comments, or bullying, shaming, belittling, hate speech, or vulgarities of any kind.
b. Privacy and Confidentiality:
“What happens at Day 6 Ranch Online Learning must stay at Day 6 Ranch Online Learning.” Our desire is that students and clients feel safe when asking questions, submitting videos, or trying new things. Our students’ and clients’ educational experiences at Day 6 Ranch Online Learning may NOT be reproduced and/or commented on elsewhere.
c. Focus:
Although there are many other equine education, human optimization programs, and unrelated topics, permitting such topics to be discussed or debated through Day 6 Ranch Online Learning would detract from the time and resource that you and other students and clients have to learn through Day 6 Ranch Online Learning, and is thus strictly prohibited.
d. No Solicitations:
If you believe Day 6 Ranch Online Learning, students, or clients provide you with a business opportunity, and take any steps to pursue such opportunity, you are outside the scope of Day 6 Ranch, LLC’s purpose, and these Terms of Use. Solicitations and unwanted contacts from third parties are strictly prohibited. No solicitations are allowed through Day 6 Ranch Online Learning or any other social media platform administrated by Day 6 Ranch, LLC.
e. Breaking the Rules:
If you, your submissions, or posts violate these Terms of Use, at our sole discretion, we may remove the posts, submissions, and in serious cases ban you from future participation in social media or terminate your license from a particular Program(s) and/or Membership. If you observe a post that you believe is in violation of these Terms of Use, please email us at [email protected].
5. General Terms
a. US Pricing:
All prices are in U.S. dollars, and payments in other currencies are subject to the current U.S. exchange rate for that currency.
b. Changes:
Day 6 Ranch, LLC may change prices and the available content or Programs in Day 6 Ranch Online Learning, at any time without notice or liability. Notwithstanding the foregoing, nothing requires Day 6 Ranch, LLC to continue to operate Day 6 Ranch Online Learning for any particular period of time. Provided that if Day 6 Ranch Online Learning and terminates this Program prior to the end of a subscription period, or prior to the end of the 1-year commitment for Set Content Programs, Day 6 Ranch, LLC shall refund you, on a pro-rated basis, the portion of the pre-paid fees corresponding to the remainder of these periods.
c. Accurate Information:
You agree you will provide us with accurate information in relation to your participation in Day 6 Ranch Online Learning and update information as required for it to continue to be accurate.
d. Password Confidentiality:
You agree to keep your access passwords to all portions of Day 6 Ranch Online Learning confidential and to not share any password that would enable an unauthorized person to access Day 6 Ranch Online Learning.
e. Contacts made through Day 6 Ranch Participation:
Any person’s participation in Day 6 Ranch Online Learning does not indicate that Day 6 Ranch, LLC supports, promotes, or has knowledge of that particular person or any products or services that person promotes or sells. Day 6 Ranch, LLC advises that you carefully assess these contacts for yourself before engaging directly with such person, business, or product.
f. Indemnity:
The results of using even the best information and practices with respect to horses and human optimization depend on the individual human and individual horse. Day 6 Ranch, LLC is not responsible for your decisions regarding use of any Content. You agree to indemnify Day 6 Ranch, LLC its directors, officers, employees, and their respective successors and assigns (the “Indemnified Parties), against any claim, third party claim, action, or proceeding brought against the Indemnified Parties and any costs, expenses, damages of liability, including reasonable attorney fees, that result from your use or misuse of any content or your breach of this Terms of Use and agreements herein. Day 6 Ranch, LLC may assume defense of any claim, action or proceeding brought against the Indemnified Parties that is subject to your indemnification; and you agree to provide reasonable cooperation in any such defense.
g. Third Party Services:
YOU ACKNOWLEDGE AND AGREE THAT WE USE THIRD-PARTY CLOUD SERVICES AND PAYMENT PROCESSORS, AND FURTHER ACKNOWLEDGE THAT DAY 6 RANCH, LLC HAS LIMITED ABILITY TO CONTROL THE PERFORMANCE OF THESE SERVICE PROVIDERS OR THE TERMS AND CONDITIONS ON WHICH THE SERVICES ARE PROVIDED.
IT IS A FUNDAMENTAL TERM OF THIS AGREEMENT, AND WE ARE ENTERING INTO THIS AGREEMENT WITH YOU ON THE CONDITION, THAT IN NO EVENT SHALL DAY 6 RANCH, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANY OF THEIR RESPECTIVE SUCCESSORS OR ASSIGNS HAVE ANY LIABILITY FOR ANY DAMAGES WHATSOEVER, OF ANY TYPE, ARISING FROM OR RELATED TO THE ACTS OR OMISSIONS OF ITS SERVICE PROVIDERS;
PROVIDED, HOWEVER, IF ANY ACT OR OMISSION OF THE SERVICE PROVIDER RESULTS IN MATERIAL HARM TO YOU, WE AGREE TO EXERCISE ANY RIGHTS AVAILABLE TO US UNDER OUR AGREEMENTS WITH THE SERVICE PROVIDERS TO REMEDY SUCH HARM FOR THE BENEFIT OF DAY 6 RANCH, LLC AND YOU.
h. Limitation of Liability:
IF A COURT OF COMPETENT JURISDICTION HOLDS THAT THE EXCLUSIONS OF ALL DAMAGES OF ANY TYPE WHATSOEVER IN RELATION TO YOUR USE OR MISUSE OF CONTENT, OR IN RELATION TO THIRD PARTY SERVICE PROVIDERS IS INAPPLICABLE OR UNENFORCEABLE, THEN IN NO EVENT SHALL THAT TOTAL AGGREGATE LIABILITY OF DAY 6 RANCH, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND STUDENTS ARISING IN ANY MANNER OR UNDER ANY CAUSE OF ACTION WHATSOEVER, INCLUDING NEGLIGENCE, EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO DAY 6 RANCH, LLC IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.
i. Notices:
We will deliver notices to you at the most recent email address you have provided to us. You may deliver notices to us at [email protected].
j. Governing Law:
This agreement shall be governed in accordance with the laws of the State of Texas.
k. Forum:
The state courts located in Wise County, Texas, shall have exclusive jurisdiction to hear any matters arising from any provision of these Terms of Use or agreements herein or any other agreement between you and Day 6 Ranch, LLC. Each party irrevocably waives any objections on the grounds of venue, forum non-conveniens, or any similar grounds, and irrevocably consents to the exclusive jurisdiction and venue of Wise County, Texas, State of Texas.
l. Miscellaneous:
You may not assign any agreements between you and Day 6 Ranch, LLC to any other person. The waiver of any right or obligation hereunder shall not constitute a waiver of any other instance. If any court finds any part of these Terms of Use to be invalid or unenforceable that part shall be severed from this Terms of Use and its invalidity or lack of enforceability shall not in any way affect the remaining provisions of these Terms of Use and agreements herein, which shall continue is full force and effect. The agreements contained herein become effective upon your acceptance. Upon any breach of these Terms of Use and agreements herein by you, Day 6 Ranch, LLC, in its sole discretion, may terminate one or more licenses granted hereunder, or terminate your right to access particular positions of Day 6 Ranch Online Learning. Day 6 Ranch, LLC shall provide notice to you of any such termination. If the breach is capable of being cured, we will provide notice to you that you may cure the breach prior to us terminating any agreement between us. The terms, conditions, agreements, and warranties contained in this Terms of Use survive termination or expiration of these Terms of Use and agreements herein.
DAY 6 RANCH COACHING AGREEMENT
By purchasing a Day 6 Ranch Self-Mastery Coaching program(s) you entered into an agreement between Day 6 Ranch, LLC (“Coach” or “Jason Swick”) whereby you will receive Coaching Services for you (“Client”) that focus on primarily topics, results, outcomes and goals.
Description of Coaching
Coaching is a partnership (defined as an alliance and NOT a legal business partnership) between the Coach and the Client in a thought provoking and creative process that inspires the Client to maximize personal and professional potential. Coaching is designed to facilitate the creation and development of personal, professional, or business goals and to develop and carry out strategies and plans for achieving those goals.
Coach-Client Relationship
A. Client is solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and Client’s coaching session(s) with the Coach. As such, the Client agrees that the Coach is not and will not be held liable or responsible for any action(s) or inaction(s), or any direct or indirect results of any services provided by the Coach. The Client understands coaching is not therapy and does not substitute the need for therapy, coaching does not prevent, cure, or treat any mental health disorder or medical issue. Further, coaching is not legal advice or constitute any protections afforded to privileged communication.
B. Client further acknowledges that they may terminate or discontinue the coaching relationship at any time. Termination shall be done in written form to [email protected] and any refund is subject to the coaching refund policy.
C. Client acknowledges that coaching is a comprehensive process that may involve different areas of Client’s life that includes, by way of example, and not limited to: work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these areas of their life, incorporate coaching principles, and implementing choices is exclusively the Client’s responsibility.
D. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders and defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical, or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
E. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the program.
Services
The parties agree to internet (video call) meetings as part of the offered coaching programs. The Coach will be available to the Client by e-mail and voicemail between scheduled meetings as defined by the Coach. Response to such Client communications is at the discretion of the Coach, workload at the time, and reasonableness given to time of day (i.e., 0900 -1700 Central Standard Time). Coach may also be available for additional time, per Client’s request on a prorated basis of $250 USD, plus applicable fees and taxes, per hour (for example, reviewing documents, reading or writing reports, engaging in other Client related service outside of Coaching sessions). There will be a 1 hour minimum for such additional time. After one hour, the billing will be charged in 30 minutes increments ($125 USD, plus applicable fees and taxes)
Schedule and Fees
The coaching agreement is valid upon purchase and expires at the completion of the last coaching session, given the purchased package. When a 3-month coaching package is purchased, the Client has 180 days to complete all 6 sessions before termination of the agreement based on expiration of time. When a 6-month coaching package is purchased, the Client has 360 days to complete all 12 sessions before termination of the agreement based on expiration of time.
When the Client chooses to pay in full for the 3-month program (6, 45-minute coaching sessions) the fee is $1,170 USD, plus applicable fees and taxes, and will be paid in paid in full prior to the start of any coaching services rendered.
When the Client chooses to pay monthly for the 3-month program the fee is $400 USD, plus applicable fees and taxes, and will be paid monthly (i.e., every 30 days for the 3-month duration of the program). Each installment shall be paid prior to any subsequent coaching services being rendered (i.e., one installment pays for two coaching sessions).
When the Client chooses to pay in full for the 6-month program (12, 45 -minute coaching sessions) the fee is $2,220 USD, plus applicable fees and taxes, and will be paid in full prior to the start of any coaching services rendered.
When the Client chooses to pay monthly for the 6-month program the fee is $380 USD, plus applicable fees and taxes, and will be paid monthly (i.e., every 30 days for the 6-month duration of the program). Each installment shall be paid prior to any subsequent coaching services rendered (i.e., one installment pays for two coaching sessions).
Clients shall book each session at least 24-hours in advance. Sessions scheduled within 24 hours of start date/time will be honored at the discretion of the Coach.
Cancellation Policy
Client agrees that it is the Client’s responsibility to notify the Coach 24-hours in advance of scheduled session(s) should a need arise to cancel a coaching session. If no notification is made by the Client regarding the cancelled session, the Coach reserves the right to charge the Client for a missed session. Coach will attempt in good faith to reschedule the missed session. Notification of cancellations shall be made in writing to [email protected].
Coaching Session Procedure
The time of the coaching sessions will be determined by Coach and Client at a mutually agreed date and time. The Coach will initiate the video call and the Client is responsible for joining the session at the agreed date and time. Should unforeseen circumstances force Coach or Client to be late to a scheduled session, the late party shall notify the other party via email and inform them of such delay. Client can send email notifications to [email protected]. If Client is more than 10 minutes late to a session without providing notification, the session will terminate and the Coach reserves the right to charge the Client for the session. Should unforeseen circumstance arise that prevent the Coach from attending and notifying the Client of the delay or attendance, the session will not be billed against the Client’s account.
Termination
Either the Client or Coach may terminate this agreement at any time with 1-week, advanced written notice to the Client’s email on file or to [email protected], as the case may be. If this agreement is terminated after the completion of the second coaching session video call, there will be no refund or proration of refund provided to the Client. Client shall be responsible for full payment of the Coaching program in which they are enrolled. Should Coach terminate the agreement, written notification will be provided via email to the Client. A refund of outstanding services is at the discretion of the Coach.
Refund Policy
There will be no refunds granted on coaching based on the fact that time and effort of the Coach is a commodity that cannot be recovered. Results of coaching are not guaranteed, and are based on the willingness and honesty of the Client in the coaching relationship. Results will vary based on the efforts, ability, and commitment of each individual Client.
If a Client is not completely satisfied and the Client is on a payment plan, the Client may request collection of future payments be stopped. Stopping payment is at the sole discretion of the Coach. Notification shall be made to [email protected].
A large amount of care, effort, and time is invested by the Coach to ensure that the Client is given the best chance at transformative success. Client’s care, effort, and investment of time is encouraged and dramatically increases the level of Client’s success.
Confidentiality
This coaching relationship, as well as information (documented and verbal) which the Client shares with the Coach as part of the coaching relationship, is bound by confidentiality. However, please be aware that Coach-Client relationship IS NOT considered a legally confidential relationship (like medical and legal professionals) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent, unless required by law. The Coach will not disclose the Client’s name as a reference without the Client’s written consent.
Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
Limited Liability
Except as expressly provided in this agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied, with respect to the coaching services negotiated, agreed, and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential, or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
Entire Agreement
This document reflects the entire agreement between the Coach and the Client and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations. The agreement may not be amended, altered, or supplemented except in writing signed by both the Coach and the Client.
Dispute Resolution
If a dispute arises out of this agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not resolved, and in the event legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
Severability
If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Waiver
The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of the Agreement.
Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of Texas, without giving effect to any conflicts of law.
Venue
The state courts of Wise County, Texas, shall have exclusive jurisdiction to hear any matters arising from litigation regarding this agreement. Each party irrevocably waives any objections on the grounds of venue, forum non-conveniens, or any similar grounds of irrevocable consents and agrees to the exclusive jurisdiction and venue in Wise County, Texas.
Binding Effect
Client is responsible to educate themselves on the matters of this agreement prior to the purchase or contracting of any coaching services. This agreement shall be binding upon the parties hereto and their respective successors and permissible assigns at the point which the Client has paid for coaching services.
PRIVACY POLICY
How “Personal Information” is defined in our Privacy Policy.
“Personal Information” includes any information that could reasonably be used to identify, locate, or contact an individual and which is being submitted to and/or collected through the website maintained by Day 6 Ranch, LLC in an accessible form.
What Personal Information do we collect?
We only collect the personal information that is provided to us by clients and customers through our website www.day6ranch.com. The personal information collected through the Day 6 Ranch, LLC website may include, but is not limited to, name, username, email address, password(s), payment information, and Contributions (defined two paragraphs below).
Providing personal information is not required to visit www.day6ranch.com. However, certain features of our website require personal information. If you choose to create an account or opt into a form within our platform or website, certain benefits may not be able to you if you withhold certain information. The following circumstances will require you to provide us with certain personal information:
- When you register for a program, course, or educational opportunity;
- When you provide us with text, video, questions, and other content while participating in Day 6 Ranch Online Learning (“Contributions”);
- When you contact us in relation to Day 6 Ranch Online Learning;
- In connection with other activities, services, features, or resources we make available through Day 6 Ranch Online Learning and www.day6ranch.com from time to time; and
- When you place an order, subscribe to our newsletter, respond to a survey, or fill out a form.
If you opt to create an online account through www.day6ranch.com, you may have the option of making Contributions from time to time to Day 6 Ranch Online Learning. When uploading such Contributions, you understand and explicitly represent that you are solely responsible for ensuring that the content complies with all applicable laws. You further acknowledge that to the extent you upload any personal information obtained from, or containing images of, a third-party (e.g., video), copyrighted materials, trademarked items, or any other materials not owned by you (“Protected Materials”), you have obtained all necessary consents from those individuals or intellectual property owners for such use as part of Day 6 Ranch Online Learning. You also agree to indemnify, defend, and hold Day 6 Ranch, LLC harmless from all claims, suits, legal proceedings, litigation, attorney’s fees, and all other civil damages resulting from your uploading of such Protected Materials.
Consent
Day 6 Ranch, LLC, through Day 6 Ranch Online Learning and www.day6ranch.com, collects personal information for the purpose outlined below and you nearby provide your consent for such purposes. Where we intend to use personal information that has been collected for a purpose not previously identified, we will seek your consent prior to use or disclosure, unless otherwise required by law.
If you wish to withdraw or revoke your consent for the collection, use, or disclosure of your personal information at any time, please contact us at [email protected]. You acknowledge and agree that any withdrawal of consent by you is not and cannot be enforced for uses or disclosures prior to the date of your withdrawal or revocation.
Purposes for Use and Collection of Information
Day 6 Ranch LLC, through Day 6 Ranch Online Learning and www.day6ranch.com, collects and may use personal information that is reasonably necessary to fulfill the following purposes:
- Account and Profile Information: We may collect your profile information such as your name, e-mail address, username, password, and payment information when you create an account with us, make an online purchase, or when you edit your account information. In order to maximize the security of your personal information we have contracted industry renowned service providers to create and manage www.day6ranch.com, to store programs, and encrypted passwords, and to process payments.
- Contributions: To respond to, and otherwise use, contributions that you make to Day 6 Ranch Online Learning, such as videos you contribute as a client or customer of Day 6 Ranch Online Learning.
- Communications: To answer your question or comments, to contact and provide you with notices regarding your account, to provide you with our most recent information, for newsletters regarding education opportunities and actives, and updates to Day 6 Ranch LLC and Day 6 Ranch Online Learning; and
- Compliance with Applicable Laws: To ensure compliance with applicable state and Federal law and regulations, to comply with a subpoena or court order, to comply with the rules of a court regarding the production of records, or any other purpose required or permitted by law.
Transfer of Personal Information to Service Providers
Day 6 Ranch, LLC will retain information you provide to register for programs. To ensure that we reasonably protect the safety of your information, all other information will be stored with our service providers and who assure us they will protect your personal information and will do so in accordance with their privacy policies when acting as service providers. Currently we are using Kajabi (https://kajabi.com/policies/privacy), Stripe (https://stripe.com/privacy), PayPal (https://www.paypal.com/myaccount/privacy/privacyhub). Certain programs hosted on other media platforms such as Facebook (https://www.facebook.com/privacy/policy/), Instagram (See Facebook Privacy Link) and YouTube (https://www.Youtube.com/static?template=terms) will be stored on the media platforms and respective servers in accordance with their privacy policies. When we access or transfer personal information to our service providers, we do so in compliance with applicable laws. Some service providers’ servers maybe located outside of the United States, which may not have the same or substantially similar privacy policies as those in the United States. Accordingly, your personal information may not receive the same protections under the laws of such foreign jurisdictions, that it would in the United States. You acknowledge, understand, and accept such potential risks by your use of Day 6 Ranch Online Learning or www.day6ranch.com.
Notwithstanding the trusted service providers listed in the above paragraphs, Day 6 Ranch, LLC does not sell, trade, or otherwise transfer your personal information to outside third parties.
Disclosure and Retention of Personal Information
Day 6 Ranch, LLC retains and instructs its service providers to retain personal information it collects only as long as it is necessary to completely fulfill the purpose for which it was collected and to comply with applicable laws. Accordingly, once you provide us with your name and email address, we will maintain your personal information until you send written notice to [email protected] that you no longer wish to receive these communications.
Safeguarding Personal Information
Day 6 Ranch, LLC is committed to ensuring the security and protection of our clients’ and customers’ personal information. Day 6 Ranch, LLC contracts with leading service providers to ensure that reasonable physical, organizational, and technological security measures are in place for the security and protection of our clients’ and customers’ personal information and to protect such personal information from accidental loss and from unauthorized access, collection, use, alteration, or disclosure.
Neither we nor our service providers can represent that unauthorized third parties will not circumvent the measures in place to safeguard your personal information. Accordingly, you acknowledge, understand, and accept such potential of risk by our use of Day 6 Ranch Online Learning and www.day6ranch.com. EXCEPT AS EXPRESSLY SET FORTH HEREIN, DAY 6 RANCH, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTECTION OF PERSONAL INFORMATION, OR ANY OTHER.
What are Cookies?
A cookie is a file text registered in a space dedicated by the hard disk on your computer, tablet, or smartphone (“terminal”) when you consult an online service through your internet browser. A cookie allows its issuer to identify the terminal in which it is registered during the cookie’s term of validity or recording. Our service providers, including Kajabi, use cookies. For more information on the type of cookies and what they are used for on Kajabi, please refer to (https://kajabi.com/policies/cookie-notice). Information on the cookies used by Facebook, Instagram, YouTube, Stripe, and PayPal can be accessed by their privacy policy URLS set out above.
Third Party Links
Occasionally, at our discretion, we may include or offer third party products or services through Day 6 Ranch Online Learning or www.day6ranch.com. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of the linked sites. It is your responsibility to educate yourself on the privacy policies of linked sites. Accordingly, we seek to protect the integrity of our site and welcome any feedback about these sites. Please email feedback to [email protected].
California Online Privacy Protection Act Compliance
We value your privacy and have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. Accordingly, we will not distribute your personal information to outside parties, other than the above-described service providers, without your consent.
As part of the California Online Privacy Protection Act, all user of Day 6 Ranch Online Learning and www.day6ranch.com may make changes to their information at any time by logging into their account or submitting written requests to [email protected].
Children’s Online Privacy Protection Act Compliance
In order to meet the requirements of the Children’s Online Privacy Protection Act (COPPA), we do not collect any information from anyone known to be under 13 years of age. Our website, products and content are all directed at people who are at least 13 years old or older.
Contacting Us
If you have questions about this Privacy Policy, the practices of Day 6 Ranch Online Learning, your interactions with www.day6ranch.com, or wish to request access to, deletion, or correction of your personal information, please send an email to [email protected].
Changes to this Privacy Policy
Day 6 Ranch, LLC reserves the right to modify and amend this Privacy Policy, without prior notice, to reflect technology advancements, legal and regulatory changes, and diligent business practices. All updates to our Privacy Policy will be posted on www.day6ranch.com. By continuing to use any portions of Day 6 Ranch Online Learning after we have posted changes to the Privacy Policy, you consent to our use of your information subject to the modified Privacy Policy. As such, you should review our Privacy Policy from time-to-time.
