Terms of Service & Conditions of Use

These Terms of Service and Conditions of Use (“Agreement,” “Terms,” “Terms and Conditions”) constitute a legally binding agreement between you (“User,” “Client,” “You,” “Your”) and Stoked Coaching, including its owners, officers, directors, employees, contractors, affiliates, agents, successors, and assigns (“Company,” “We,” “Us,” “Our”).

By accessing, browsing, using, purchasing from, or otherwise interacting with this website, platform, services, programs, content, or materials (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by this Agreement.

1. Scope of Services

The Company provides personal development, mindset coaching, educational programming, digital content, consulting, mentoring, and related services.

Services may include, without limitation:

• Individual coaching
• Group coaching
• Online courses
• Digital downloads
• Membership programs
• Workshops
• Seminars
• Written and audiovisual materials

All Services are provided solely for informational, educational, and self-development purposes.

The Company does not provide medical, psychological, psychiatric, therapeutic, legal, tax, accounting, or financial advisory services.

2. No Professional-Client Relationship

Use of the Services does not create any:

• Doctor-patient relationship
• Therapist-client relationship
• Attorney-client relationship
• Fiduciary relationship
• Partnership
• Joint venture
• Agency relationship

You acknowledge that coaching is not regulated as a healthcare or mental health profession in many jurisdictions and is not intended to diagnose, treat, cure, or prevent any disease or disorder.

3. Assumption of Risk

You expressly acknowledge and agree that:

Participation in coaching and personal development activities involves inherent risks, including emotional discomfort, psychological stress, changes in personal relationships, lifestyle adjustments, and financial decisions.

You voluntarily assume all risks, whether known or unknown, arising from your participation. The Company shall not be liable for any adverse consequences resulting from your decisions or actions.

4. Eligibility and Capacity

By using the Services, you represent and warrant that:

• You are at least thirteen (13) years of age;
• If you are between 13 and 17 years of age, you have the consent of a parent or legal guardian;
• You possess the legal capacity to enter into contracts (or have parental consent);
• You are not prohibited from using the Services under applicable law.

If acting on behalf of an entity, you warrant that you have authority to bind such entity.

5. User Obligations and Representations

You agree to:

• Provide accurate and complete information;
• Maintain confidentiality of login credentials;
• Use the Services lawfully;
• Refrain from harmful or disruptive conduct.

You represent that all information you provide is truthful and current.

6. Fees, Payments, and Billing Authorization

All fees are disclosed prior to purchase.

By submitting payment information, you:

• Authorize recurring or one-time charges;
• Represent that you have legal authority to use the payment method;
• Agree to pay all applicable taxes.

The Company may use third-party payment processors and disclaims liability for their actions.

7. Refunds, Cancellations, and Chargebacks

Unless expressly stated otherwise in writing: all purchases are final and non-refundable.

You agree not to initiate chargebacks without first contacting the Company. Unauthorized chargebacks constitute a material breach of this Agreement.

8. Intellectual Property Rights

All content, trademarks, service marks, trade names, logos, designs, audiovisual works, software, and materials are protected by intellectual property laws.

Ownership remains exclusively with the Company.

You are granted a limited, non-exclusive, revocable, non-transferable license for personal use only. Unauthorized use constitutes infringement.

9. Confidentiality and Data Security

The Company shall use commercially reasonable efforts to protect user data.

However, no electronic transmission is completely secure. You acknowledge and accept the inherent risks of digital communication.

10. Privacy Policy Incorporation

This Agreement incorporates by reference the Company’s Privacy Policy. By using the Services, you consent to data processing practices described therein.

11. Prohibited Conduct

You shall not:

• Engage in harassment or hate speech
• Upload malicious code
• Reverse engineer systems
• Scrape data
• Circumvent security
• Impersonate others
• Violate laws

Violation may result in immediate termination.

12. Suspension and Termination

The Company reserves the right, in its sole discretion, to suspend or terminate access without notice for any reason. Termination does not waive accrued payment obligations.

13. Disclaimer of Guarantees and Results

The Company makes no representations regarding:

• Income
• Personal outcomes
• Emotional improvement
• Business success
• Relationship outcomes

Results vary by individual. Past performance does not guarantee future results.

14. Disclaimer of Warranties

Services are provided “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS.”

To the maximum extent permitted by law, the Company disclaims all warranties, express or implied, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement

15. Limitation of Liability

To the fullest extent permitted by law:

The Company shall not be liable for indirect, incidental, consequential, punitive, exemplary, or special damages. Total liability shall not exceed the fees paid within the previous twelve (12) months.

16. Indemnification

You agree to indemnify, defend, and hold harmless the Company from all claims, damages, liabilities, costs, and expenses arising from:

• Your use of Services
• Breach of this Agreement
• Violation of law
• Third-party claims

17. Force Majeure

The Company shall not be liable for failure to perform due to causes beyond reasonable control, including acts of God, pandemics, government actions, or technical failures.

18. Arbitration and Waiver of Class Actions

All disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association. You waive the right to jury trial and class actions.

19. Governing Law and Venue

This Agreement shall be governed by the laws of Utah, without regard to conflict-of-law rules. Venue shall lie exclusively in Utah County, Utah.

20. Severability

If any provision is held invalid, remaining provisions remain enforceable.

21. Waiver

Failure to enforce any provision does not constitute waiver.

22. Assignment

You may not assign this Agreement without consent. The Company may assign freely.

23. Entire Agreement

This Agreement constitutes the entire agreement and supersedes prior agreements.

24. Modification

The Company reserves the right to modify these Terms at any time. Continued use constitutes acceptance.

25. Survival

Provisions regarding liability, indemnification, intellectual property, and dispute resolution shall survive termination.

26. Notices

Notices may be delivered electronically via email or website posting.

27. Health and Mental Health Disclaimer

The Services are not a substitute for licensed medical, psychological, or psychiatric care.

If you are experiencing severe mental distress, suicidal thoughts, crisis conditions, or psychiatric symptoms, you agree to seek immediate assistance from a licensed professional or emergency services.

The Company reserves the right to terminate Services if, in its sole discretion, coaching is no longer appropriate.

28. Financial and Investment Disclaimer

The Company may discuss financial mindset, money psychology, goal setting, and general financial principles.

The Company does not provide investment advice, securities recommendations, tax advice, or individualized financial planning.

Any financial decisions you make are solely your responsibility. You acknowledge that investing involves risk, including loss of principal.

29. Technology and Third-Party Platforms

The Services may integrate with third-party platforms including, but not limited to: payment processors, Google, LinkedIn, email marketing systems, analytics providers, and hosting services.

The Company is not responsible for outages, security breaches, data loss, or policy changes of third-party platforms. Use of third-party services is subject to their own terms and privacy policies.

30. User-Generated Content

If users submit content (including testimonials, comments, assessment responses, forum posts, uploads, or messages), you grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content for business purposes, unless otherwise agreed in writing.

You represent that you own or have rights to any content you submit.

31. Beta Features and Experimental Tools

The Company may release experimental features, assessments, dashboards, or beta tools. Such features are provided “as is” and may be modified or discontinued at any time.

The Company makes no guarantee regarding accuracy, reliability, or continued availability of beta features.

32. Electronic Communications Consent

By using the Services, you consent to receive communications electronically, including notices, agreements, invoices, and updates. Electronic communications satisfy any legal requirement that communications be in writing.

33. Testimonials and Marketing Consent

If you provide a testimonial, review, or success story, you grant permission for the Company to use it in marketing materials unless you explicitly revoke consent in writing. No compensation is required unless separately agreed.

34. Data Retention and Deletion

The Company reserves the right to retain user data for legitimate business purposes, compliance, or dispute resolution. Users may request deletion of personal data in accordance with the Privacy Policy.

35. Export Compliance

You represent that you are not located in a country subject to U.S. embargo or sanctions and are not on any government restricted party list.