Be The Catalyst International LLC d/b/a NewDay Child Coaching

www.NewDayChildCoaching.com

Terms & Conditions

Effective date: June 25, 2024

 

The Site and its content are owned by Be The Catalyst International LLC d/b/a NewDay Child Coaching.

These Terms & Conditions explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.

By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that youhave read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at [email protected].

 

You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content.

 

 

  1.  Definitions:

 

“Company”, “We”, “I”, “Our”, or “Us” means Be The Catalyst International LLC d/b/a NewDay Child Coaching and our website, www.NewDayChildCoaching.com.

 

“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Rachel May, Be The Catalyst International LLC d/b/a NewDay Child Coaching, and/or www.NewDayChildCoaching.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by [Be The Catalyst International LLC d/b/a NewDay Child Coaching and/or on www.NewDayChildCoaching.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.

 

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, your age, your child(ren)’s name(s), age(s) of your child(ren).

 

“Site”, “Courses”, “Services”, “Program”, “Membership”, and/or “Products” means www.NewDayChildCoaching.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, handouts,social/community spaces and/or templates available on the Site.

 

“Site” means www.NewDayChildCoaching.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

 

“Participant(s)”, “You” or “Your” means the user, customer, or viewer of the Site.

 

  1. Consent:

By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy

 

By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and Privacy Policy.

 

  1. Site Rules:

By using the Site and/or making any Purchase, you hereby agree & consent not to:

  • Abuse or harass any person through or on the Site.
  • Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
  • Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
  • Post or transmit any “spam” or unwanted, unsolicited content.
  • Post copyrighted materials, photographs, or content which do not belong to you.
  • Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
  • Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
  • Share any confidential information in any manner other than in discussion with the Company or other Participants during the Program.

 

  1. DISCLAIMER:

By using the Site, you understand that we are a group consisting of a Licensed Physical Therapist, Licensed Occupational Therapist and a Licensed Speech Language Pathologist, however, we are not your therapists and we do not offer to create any formal therapist-client relationship with you in the Program. We are not nutritionists, mental health therapists, registered dietitians, doctors, or other licensed medical professionals, and therefore you need to discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician or your child(ren)’s pediatrician/care team before implementing changes or habits suggested by us. You understand your participation in this program will not treat or diagnose any disease, illness, or ailment and if you or your child(ren) should experience any such issues they should see their registered physician or other practitioner as determined by your own judgment. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in your, or your child(ren)’s life. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. You understand that the Coaches have not promised, shall not be obligated to and will not; act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Nor will Coaches provide Physical, Occupational, Speech or Feeding Therapies. You understand these coaches will not prescribe or assess micro-and macronutrient levels; provide health care, medical or nutrition therapy services; or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. You  understand if you, or your child(ren) should experience any such issues you should see your registered physician or other practitioner as determined by your own judgment.

 

If you or your child(ren) are under the care of a healthcare professional or currently use prescription medications, you should discuss any dietary changes or potential dietary supplements use with your, or your child(ren)’s doctor, and should not discontinue any prescription medications without first consulting your, or your child(ren)’s doctor. You understand that the information in this membership is NOT medical, therapeutic or nursing advice and is not meant to take the place of seeing licensed health professionals. Our Content is for informational and educational purposes only and is based on our personal experience.

 

The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of understanding and connection for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.

 

  1. NO THERAPIST-CLIENT RELATIONSHIP BETWEEN US

We do not offer to create any formal therapist-client/patient relationship with you in the Program. A formal therapist-client/patient relationship is only created once you have entered into a specific and separate written agreement. Be The Catalyst International LLC d/b/a NewDay Child Coaching does NOT offer to enter into these relationships, in the Program or anywhere else in this business. Therefore, you are not in therapist-client/patient relationship with any of the therapists (DPT, OTR, SLP) or Be The Catalyst International LLC d/b/a NewDay Child Coaching by purchasing the Program or joining the membership.

 

  1. CONSULT YOUR OWN PROVIDER

WE DO NOT GUARANTEE THAT THE PROGRAM COVERS ALL OF YOUR SPECIFIC NEEDS, CIRCUMSTANCES OR ISSUES. Always consult with a local licensed provider near you.

 

BY PURCHASING PRODUCTS OR MEMBERSHIP, you acknowledge you have the right and ability to speak, hire, consult and/or work with a licensed provider in your area of need, in your state prior to making the purchase.

 

  1.  NO CLAIMS MADE REGARDING RESULTS:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person’s circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another member of ours.

 

We don’t make any assurances as to any particular knowledge or experience outcome based on the use of or participation in the Program. We are not responsible for the success or failure of your relationships, experiences, knowledge, or any other result of any kind that you may have as a result of your participation in the Program.

 

  1. Program Structure

The program includes the following: Live sessions bi-monthly discussing a variety of topics; Recordings of Lives available to members; PRIVATE Social Sharing Space; Supportive Community

 

  1. Fees

Basic Membership: The Full Price of this Program is two-hundred sixty-five dollars ($265 USD). All fees in US Dollars. The LIVE Deep Dive Discussions Program will only offer two live content discussions monthly beginning July 1, 2024 and ending in December 2024. Private community support throughout 2024. Live program interactions expire on December 31, 2024.

 

  1. Methods of Payment

Client may pay in full through debit or credit card. Client grants Company the authority to charge the card(s) provided until payment is complete and every 30 days (or 182 days) thereafter until membership program ends.

 

  1. Confidentiality

The Company respects your privacy and insists that you respect the Company’s and the Program Participants. Thus, consider this a mutual non-disclosure agreement. Any confidential information shared by Program participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during group coaching meetings, from the social/community sharing space or otherwise. You agree not to use such confidential information in any manner other than in discussion with the Company or with other Participants during the Program. Both parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. In addition, you agree that if you violate or display any likelihood of violating this provision, the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

 

  1. Changes To These Terms & Conditions:

We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page and preserve all versions of these Terms & Conditions in our archives. We recommend that you periodically review these Terms & Conditions for possible changes.

 

  1. Links to Third-Party or External Websites:

The Site may contain or include website URL links to third-party or external websites so that you may directly access a site that contains relevant information. We are not liable for any of the information contained on or within the third-party or external websites or for the way they handle your personal information.

 

  1. Intellectual Property Ownership:

The Site and its Content are intellectual property solely owned by Be The Catalyst International LLC d/b/a NewDay Child Coaching. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws.

 

During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you may not distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You must take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download.

 

You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately. No refund will be issued. No future access will be permitted.

 

By using this Site, you agree (1) not to infringe on any copyright, trademark, trade secret, patent, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) You agree not to disclose such information to any other person or use it in any manner other than in discussion with the Company.

 

  1. Our Limited License to You:

If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”) with the limited right to use them for only the purpose for which they were purchased. As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.

 

You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

 

  1. Your License to Us:

By commenting on the Site or submitting documents to Be The Catalyst International LLC d/b/a NewDay Child Coaching via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

 

  1. Consent to Video and Promotional Photography

You hereby grant to the Company and its licensees, assignees, and other successors-in-interest, all rights of every kind and character whatsoever in perpetuity in and to your appearance (hereinafter referred to as the “Appearance”) in connection with promotional footage and photography for the Program.

You hereby authorize Company to photograph and record (on tape, film, or otherwise), the Appearance; to edit at its discretion and to include with the appearance of others in the Program; and to use the Appearance in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use your name and likeness in connection with the Program.

You hereby waive all rights, release, and discharge the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use of Client’s Appearance.

Company owns all rights and proceeds resulting from your Appearance. Company is not obligated to utilize the authorization granted by you hereunder.

 

  1. Social Media and Marketing Release

The purchaser agrees that the Company may lawfully use screenshots or re-shares of his/her/their posts, comments, or messages (Direct Messages “DMs” or otherwise) to promote the Program across social media, its website and to its email list. Wherever possible, only the Purchaser’s first name will be used (unless the comment/post was made publicly, in which case the entire comment/post may be used) without the Purchaser’s prior written consent.

 

  1. Sharing the Site & Its Content:

You must not share our Site and its Content for commercial purposes without our written permission. You may request this at [email protected]. You may share the site for personal purposes, so long as you link directly to the Site. You must give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. You may not imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Be The Catalyst International LLC d/b/a NewDay Child Coaching.

 

  1. Non-Disparagement

You shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its contractors, employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding you and your relationship with Company. Any comments of this kind will result in termination of your membership, without refund.

 

  1. No Warrantees, Guarantees, or Representations Are Being Made:

We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.

 

  1. Limitation of Liability:

 

We strive to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Be The Catalyst International LLC d/b/a NewDay Child Coaching does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up to date.

 

  1. Dispute Resolution:

If you have any dispute over Be The Catalyst International LLC d/b/a NewDay Child Coaching’s Courses, Services, and/or Products, please contact us directly first by emailing Rachel at [email protected]. The parties agree to strive to resolve any such dispute amicably and in good faith. The maximum amount of damages that you might be entitled to is a refund of any payment that you made to Be The Catalyst International LLC d/b/a NewDay Child Coaching for the applicable Product or Service.

 

  1. Equitable Relief:

If a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

 

  1. Consent to Governing Law:

These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Washington.

 

  1. Consent to Jurisdiction:

You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Washington State or a state court located within the State of Washington in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.

 

  1. Consent to Service:

You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Washington for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Washington.

 

  1.  Force Majeure

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, a pandemic, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

 

  1. Payment, Purchases and Payment Plan Terms

General Payment Terms

When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by credit or with debit card. By doing so, you give Be The Catalyst International LLC d/b/a NewDay Child Coaching permission to automatically charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant PayPal, Stripe, Kajabi and/or SamCart (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Be The Catalyst International LLC d/b/a NewDay Child Coaching is not responsible for the merchant’s independent policies or practices. You will receive an electronic receipt following your Purchase, which you should retain for your records. 

 

  1. Refunds and Chargebacks

 

a. NO REFUNDS No refunds will be issued under any circumstances due to the instant-downloadable nature of the program and video content inside.

 

If you select a payment plan, there are no refunds or cancellations of the payment plan offered. The payment plans are simply an opportunity to pay for the Program over time.

 

b. NO CHARGEBACKS:

 

The Purchaser will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so, and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

 

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances. If you have any questions or concerns, please email us at [email protected].

 

  1. Limitation of Liability:

Be The Catalyst International LLC d/b/a NewDay Child Coaching limits its liability to the amount you have paid to it for any claim for damage arising from your use (directly or indirectly) of the site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

 

  1. Defense & Indemnification

You shall, at all times, indemnify, defend, and hold harmless Be The Catalyst International LLC d/b/a NewDay Child Coaching, Rachel May, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, licensees, and successors from and against any and all liabilities and expense whatsoever—including without limitation, claims, judgements, awards, settlements, investigations, costs, attorneys fees, losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding brought by a third-party against  Be The Catalyst International LLC d/b/a NewDay Child Coaching and Rachel May arising out of your performance of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy.

 

  1. Termination of Your Use

At our sole discretion, upon reasonable notice, we may terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads and participation in the Program without refund or forgiveness of monthly payments if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, Disclaimer, or any other terms to which you have agreed to. You remain liable for outstanding amounts owed for the our Courses, Services, and Products provided to you prior to the date of termination. No refund shall be provided if your use is terminated pursuant to this provision.  

 

  1. Entire Agreement

These Terms & Conditions our Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to the Site, Courses, Services, Program and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.

 

This Agreement shall be binding upon and insure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.

 

  1. Severability

The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein.

 

  1. Your Privacy & Security on the Site:

Please read our Privacy Policy for how we handle your personal information. 

 

 

Contact Us

If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:

  • Website: NewDayChildCoaching.com
  • Email: Rachel at [email protected]
  • Business Address: 240 S Sunnyside Ave, #1510, Sequim, WA 98382

 

 

Updated on 25 June 2024