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Terms and Conditions

When you participate in an event, a class, a workshop, or any other activity offered by us you agree to these terms and conditions.  This website is operated by Passion Collective LLC, a Minnesota Limited Liability Company (“we” or “us”).  We may change these terms and conditions, at any time, with or without notice, by posting the modified terms and conditions in the same place these terms are posted or by alerting you to the change via email.  Your membership or participation in an activity provided by us, after modification, is your consent to the modifications of these terms.

 

  1. Your Account. If you purchase a class or other products, you may need to create an account to manage your payments and the access to features of your purchase. By creating an account, you represent that all required information you provide is truthful and accurate and that you are of legal age to agree to these terms.  You are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or username of any other user; (b) allow someone else to use your account or username; or (c) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else. If you violate these terms, we reserve the right to issue you a warning, suspend or even terminate your account. You may not transfer your account to a third party.

 

  1. Refund. We do not provide refunds for any Passion Collective product or service. 

 

  1. Coaching Services.  As part of your purchase you may receive access to various coaches and their services.  A coaching relationship is a relationship whereby the Coach assists the individual in defining and meeting the individual's goals and potential within the areas the coaching relationship is meant to focus on.  If you receive any coaching services you hereby acknowledge and agree:

 

  1. that the Coach’s ability to provide recommendations and meaningful input depends on the facts and information provided by you, and therefore you will be honest and truthful in describing your’s goals and challenges;

  2. you are solely and exclusively responsible for the choices that you make with regard to the coaching relationship, including whether or not you accept or use the Coach's recommendations and input;

  3. you are solely and exclusively responsible for your own mental health, physical health, business decisions, and any actions or inaction you choose to take or not take;

  4. Neither we nor the Coach is not liable for any result or consequence which may come about due to your relationship with Coach or following Coach’s recommendations; and

  5. Coaching is not a therapeutic relationship or a medical one. Coach does not provide therapy or medical services and you are solely responsible for procuring these services at your own expense and discretion if needed.

  1. Personal and Confidential Information You Share.  As an event, class or workshop participant, you may become aware of information about or belonging to others and you agree that you will not use that information outside of the class or workshop without the consent of the other party.  As a participant you understand that we and the other participants may become aware of certain information about you.  If you disclose information to us or others you hereby give us and the other participants permission to use and disclose that information to others.  Private information should not be shared.

 

  1. Consent To Use of Your Image and Voice.  We may record our events, classes and workshops.  By participating you consent to our recording your image and voice.  In addition, you consent, without the payment of additional compensation to the distribution and reproduction of your image and voice, as part of our materials, and the promotion of our events, classes and workshops, including promotion on all social media platforms. If you do not wish to participate, you must email us at [email protected]to request to be removed. 

 

  1. Your Content.  We may allow you to add posts, articles, photos, videos, links, files, events, groups, and chat with other participants.  All material that you upload, publish or display to others is “Member Content.”  You may only provide Member Content that is yours, or that you have the right to share with others.  Unless you decide otherwise, any content you provide to us or other participants remains yours, or if applicable, your licensor’s.  You grant us a non-exclusive, worldwide, perpetual, royalty-free, fully paid up, transferable, sublicensable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use Member Content to provide services to you.  Upon termination of this Agreement we may remove your Member Content, but we are not obligated to do so.  

 

  1. Content Belonging to Others. You represent that your Member Content, and the license that you granted us above, does not infringe the intellectual property and personal rights of any third party.  If the rights you have granted us above, or your contribution of Member Content, violates the intellectual property rights of others, you agree to pay all royalties, fees, and any other monies owed to any person by reason of any of Your Content.

 

  1. Our Content and Materials. All right, title, and interest in our events, classes and workshops provided by us, including but not limited to our logos, processes, text, images, graphics, photographs, video and audio files, other files, and data is in and will remain is us or our licensors.  Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit our content and materials without our express written permission.  We grant you a limited, non-exclusive license to reproduce, publish and display and access our content and materials as part of your membership activities. To request additional permissions, you may contact us at [email protected]. You may not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright or trademark notices.  

 

  1. Links.  We may give you links to other sites.  We are not responsible for the content or privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the terms and conditions of the linked site.  

 

  1. NO WARRANTIES AND LIMITS TO LIABILITY.  TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.  WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED IN BUZZ SESSION, COACHING SESSION, CLASS OR WORKSHOP.  ALL CONTENT IS PROVIDED ON AN “AS IS" AND ON AN "AS AVAILABLE" BASIS.  WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORM ON WHICH THE CLASSES OR WORKSHOPS ARE HOSTED WILL BE UNINTERRUPTED OR ERROR FREE.  WITHOUT LIMITING THE FOREGOING, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IS LIMITED TO THE TOTAL MEMBERSHIP PAID BY YOU DURING THE PRECEDING TWELVE MONTHS.  

 

  1. Indemnification.  You agree to release, indemnify, and defend us from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the Mighty Networks platform; ii) your conduct or interactions with other participants; or iii) any claim that you have infringed the copyrights or trademarks of third parties.  We will promptly notify you of any such claim, using the information you provided us.  You will allow us to participate in the defense, at our discretion, and will not settle any such claim that requires us to pay damages or change our business practices, without our prior written consent.  We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter. 

 

  1. Disputes.  Any dispute arising under this Agreement shall be heard in the applicable state or federal court located in Minnesota.  All disputes shall be resolved under the laws of the State of Minnesota, without regard to its conflict of laws principles.

 

  1. Waiver.  No waiver of any terms will deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision