Terms and Conditions
1. Definitions and legal references
This Website / Platform (or this Application)
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Owner (or We)
Revenue Consultants Group, LLC – The natural person(s) or legal entity that provides this Website and/or the Service to the Vendors and Users. Hereafter referred to as “Owner”.
Any person, persons and/or company who operates a store on this platform. Vendors may include, but are not limited to coaches, consultants, mentors, trainers, educators, etc. Hereafter referred to as “Vendor”.
The service provided by this Website as described in these Terms and on this website.
Provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice.
User (or You)
The natural person or legal entity that uses this Website as an end client or customer. All Users are required to have an account. This is for purchase tracking and product access accountability. A User can setup an account at time of checkout. In some instances, a Vendor may also be a User to another Vendor’s content. Hereafter referred to as “User”.
Coachwares.com Marketplace from this point forward may be referred to as “the platform”, “platform” or the “marketplace” and Courses.Coachwares.com shall be referred to as “the course platform”.
This document is an agreement between You and Revenue Consultants Group, LLC the Owner, and operator of Coachwares.com.
You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have agreed to be bound and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”) and any additional terms that apply.
These Terms govern
the conditions of allowing the use of this website, and any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in appropriate sections of this document.
The Vendor and User must read this document carefully and agree to all the terms as defined to utilize this platform.
If you do not agree to all these Terms of Service and any additional terms that apply to you, do not use this platform and its associated websites.
This Website is provided by:
Revenue Consultants Group, LLC
2487 S Gilbert Rd, Suite 106-221
Gilbert, Arizona, 85295 USA
Owner contact email: firstname.lastname@example.org
Platform support ticket (email): email@example.com
2. Summary of what the User should know
Please note that some provisions in these Terms may only be applicable to certain categories of Users. Certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each applicable section. In the absence of any such mention, sections apply to all Users.
Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document.
By using this Website, All Vendors and Users confirm to meet the following requirements:
- There are no restrictions for Users in terms of being Business/Commercial Users or Consumers.
- Users are not listed on any U.S. Government list of prohibited or restricted parties.
- Users are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country.
- Users are of the minimum age, based on the laws of the User’s country, by which the User can legally enter in to and be bound to the terms of a contract.
3.1. Content on this website
3.1.1. Website design and operation.
The Owner reserves and holds all intellectual property rights for any such website design, layout, and operation. No Vendor or User may attempt to hack, reverse engineer, decode, investigate, etc. how the website operates or functions. All rights are reserved to the Owner.
Any Vendor who attempts to and/or violates these requirements will result in immediate termination, deletion and lifetime suspension of the Vendor’s account from the platform.
Users will have their access to any purchased products and/or services revoked immediately & indefinitely. No refunds will be provided for any purchased items in a user’s account.
The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it is not always possible to achieve such a result. In such cases, the User is requested to report complaints using the contact details specified in this document.
3.1.2. Rights regarding content on this website - all rights reserved
All content within a Vendor’s store is the responsibility of that store. The Vendor must provide to the Owner during the product or service approval process that the content offered is either:
- Created by the Vendor and the Vendor is the original copyright / intellectual property owner of the content
- OR – Created by a third-party and the Vendor has written permission by the copyright / intellectual property owner to offer the said products and/or services. The Owner (website) may require verification from the original copyright Owner prior to allowing the product to be sold on the website.
- There are NO-EXCEPTIONS. NO OTHER CONTENT WILL BE PERMITTED due to Copyright laws.
- NO-EXCEPTIONS. NO OTHER CONTENT WILL BE PERMITTED due to Copyright laws.
Users and Vendors may therefore not use any such content, in any way that is not necessary or implicit in the proper use of the Website/Service.
But without limitation, Users and Vendors may not broadcast, copy, save, download, print, share (beyond the limits set forth below), transform, modify, translate, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use, unless explicitly granted from the vendor, for commercial or resale use and provided that the copyright attributions and all the other attributions requested by the Owner and the Vendors are correctly implemented.
There may be special occasions in which a copyright owning Vendor may authorize another Vendor to use their content for commercial uses, however this requires a written contract. The contract MUST be submitted to the Owner for approval. Failure to supply this written contract to the Owner shall result in the product or service being removed from the website. Please refer to section 3.1.7 for details on product and/or service removal.
A vendor’s content offering is not limited to this platform. The Owner retains no exclusive rights to the offering or offerings of the Vendor’s content to only on the Coachwares Marketplace platform.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
3.1.3. Acceptable products and/or services that can be sold on the platform
Any product and/or service that is related to the Personal Development Industry (i.e., coaching, mentoring, training, etc.) Coachwares.com reserves the right to change or alter this list of items that are either permitted and /or not permitted on the marketplace at any time without prior notice.
List includes, but not limited to:
- Consultations (Memberships & Hourly)
- Masterminds (Memberships & Hourly)
- Digital Courses (Online Membership Portal & Digital Downloads)
- eBooks & Physical Books
- Training Seminars
- Audio & Video Training (Digital Download & Physical Products)
- Teaching Aides (memory reminders, trinkets, gifts, etc.)
- Software & SAAS (Software As A Service)
- Vitamins & Supplements. (Products must be from a commercial producer & Require Approval from Admin Team)
- Product not Shown? Contact Support, at the email below, for Review & Approval
3.1.4. Unacceptable products and/or services that cannot be sold on the platform
List includes, but not limited to:
- Relating to marijuana, including CBD, narcotics, drugs and/or other illegal substances
- Anything that requires a Professional/Government License and/or special tax collection to be sold
- No pornographic materials of any sort
- Firearms, explosives, political materials, experimental products, or substances, etc.
It is the responsibility of the Vendor to contact coachwares.com to verify the products/services they want to offer are allowed. If there is a chance that the product/service may be classified as an unacceptable item described above, please request a product or service review.
All products and services are reviewed and approved prior to being available in a Vendor store. While in the approval process the products and services are not visible in the store.
Send an email to Vendor@coachwares.com with a description of the item you want to offer and a member of the Coachwares.com staff will review your item and give you a decision. All decisions are final.
3.1.5. Vendor store setup
All Vendor stores are required to complete the basic setup process and offer at least one product or service prior to becoming visible on the website.
Effective immediately, any existing or new store that has not completed the basic setup process and/or does not have at least one “purchasable” product or service, hereafter referred to as an “Item”, listed in the store for purchase, will be not visible on the website. An appointment as a product / service is acceptable.
The store Owner will have full access to their store to complete the setup process. The setup process is a two-step process, requiring approval at each step completion.
Step one – store basic setup, including adding branding images, a profile picture of the store Owner, completing the about us information and any additional policies (optional). This platform uses Stripe.com to both capture the user’s credit card and pay the vendor. PayPal is not an option currently for Vendor payouts.
The Vendor must setup the Stripe Payout connection to their bank account. This is done in the store management portal on Coachwares.com under the “Settings → Payments” menus. The Owner will not be responsible for delayed or lost funds because of the Vendor not properly configuring their account. The Owner can send a small test of funds to the Vendor’s account to ensure proper configuration. Please submit a help ticket at https://support.coachwares.com if the Vendor requires additional support.
Step two – is the creation of a minimum of one product or service “item” in the store. Pricing is the sole responsibility of the Vendor. All products are reviewed by a platform team member to ensure all the necessary information about the product or service is provided and the product or service meets the criteria for the platform.
Image Criteria: all images used in the description of the product or service on the platform must be a high quality “photo” image representing the item being offered. All images will be reviewed for copyright infringement meaning that the image must come from an approved for “Use in Business” image provider (i.e. Pixabay.com, Storyblocks.com, Freepik.com, Adobe Images, Shutterstock, etc.) OR the image must have been created for or by the Vendor directly. Copying images from any website is prohibited. Image Specifics are:
- Image must have a colored background other than white or any lightly colored “whitish” background – the edges of the picture must be clearly visible on a white background.
- Size: 800×800 pixels and a density of 72-80 dpi (dots per inch)
- Products or services that are submitted for review that do not have the appropriate image will not be approved.
- Not permitted: any image that is clipart, cartoon images, line drawings, icons, animated gifs, etc.
To complete these two setups, the Owner has provided training videos and a support ticket system. Training videos can be accessed via a link at https://support.coachwares.com. Once a Vendor is logged in to the support portal, look for the link to the training videos.
Upon completion of these steps your store will become visible to the visiting public. To maximize the store’s potential, Vendors should promote their store and their products independently of what the Owner does generally for the website. The Owner assumes no responsibility to drive specific traffic to your individual store, that is the responsibility of the Vendor.
3.1.6. User Reviews
The website supports User reviews for any item offered in the store and the store itself. The only requirement is that the reviews can be left by Users who have purchased an item from the store.
The marketplace requires all users to have an account to purchase anything; there is not a “Guest” checkout option. On the checkout page, a customer can either login to an existing account or create a new account.
To leave a review, a User must login to their account to be able to access their “purchased” products to leave a review for a particular product or service.
The Owner recommends that Vendors encourage Users to leave reviews. All reviews are required to be approved by the Vendor, prior to becoming visible.
No abusive or vulgar language will be permitted. Only administrators can modify or delete customer reviews.
Vendors are responsible for approving reviews on their store. If they choose to not “approve” a negative customer review, that is their choice, and the Owners will not override a Vendor’s choice. The Owners do recommend that all reviews (both positive & negative) be approved as the ramifications of only approving positive reviews may be more negative than the negative reviews themselves.
3.1.7. Removal products and/or services and termination of Vendor’s Store
Removal of an item or items (product or service) is at the discretion of coachwares.com and its Owner. All decisions are final. Vendor will be contacted by a coachwares.com team member via email requesting that the item or items be removed by the Vendor from their store. The Vendor will have 24 hours from initial contact to remove the item or items.
Failure to remove the item or items within the 24-hour period, will result in an administrative team member removing the item from the Vendor’s store directly. An email will be sent to the Vendor from the Coachwares.com administrative team notifying the Vendor that the item or items requested to be removed were removed by the admin staff.
If a Vendor continues to offer items that are on the unacceptable list or puts any removed item or items back on their store, the Vendor will be notified by letter that their store will be terminated effective, immediately. Coachwares.com reserves the right to terminate a Vendor’s store for any reason, at any time and all decisions are final. Should a termination happen, the following will occur:
- The store will be closed but not deleted until all the pending transactions have cleared.
- All money in the Vendor’s withdraw account will be sent to the bank account connected to the Stripe.com Payout System
- No refunds will be made for any remaining membership funds.
- Monthly memberships will be cancelled and not re-billed.
- Lifetime membership monies will be forfeited.
Failure to follow the requirements as defined in this policy will result in the loss of the privilege to operate a store on the Coachwares.com platform. Coachwares.com and Revenue Consultants Group, LLC. are not liable or responsible for any loss in revenue or any costs associated with inventory purchased to sell in the Vendor’s store. All decisions by the Owners are final.
When a vendor chooses to leave the Coachwares Marketplace platform voluntary, they must cancel their monthly re-occurring membership. The membership will expire at the end of the month in which it was cancelled. Once the membership has expired, the following will occur:
- The Coachwares admin team will delete all of the vendor’s materials, i.e., pictures, teaching content, videos, audios, courses, etc. from the platform within 24 hours of a standard business workday.
- The vendor will cease to have access to any customer records, sales data, etc. stored within their account on the marketplace.
- All funds in the Vendor’s payment account will be paid once the refund period for the last item sold has closed. This is typically 3 days from the sale date for the refund period, refer to Section 7 for details, but this may vary if the Vendor has specified a different period.
- It is the Vendor’s responsibility to notify all their clients that all their purchased content will no longer be available on the Coachwares Platform.
- Coachwares will not provide any content that was created, built, duplicated, etc. for use on either the Coachwares.com Marketplace or Courses.Coachwares.com course hosting platforms to the vendor as it may contain proprietary data that is specific to the operation of the Coachwares Marketplace. Therefore, all the content in a Vendor store is simply deleted. The content on the platform may contain IP from both the Vendor and Coachwares and may be impossible to separate.
3.1.8. Customer Data
All right, title, and interest in Customer Data will remain the property of the platform. Vendor has no intellectual property rights or other claim to Customer Data that is hosted, stored, or transferred to and from the Products or Services on the platform provided by Owner, or to Customer’s Confidential Information. Vendor will cooperate with Owner to protect Customer’s intellectual property rights and Customer Data. Customer data cannot be sold, offered, traded, or provided to any outside party by the Vendor.
Data Collection and Use with CRM Integration. Vendors that choose to integrate the Zoho One CRM platform offered by Coachwares Partner, Ifultech, Inc. will be able to retain any sales or customer data that applies to their business within their CRM during the time that their membership on Coachwares is active. If the vendor chooses the leave the platform, they may continue to access and use the customer data within their CRM. Regardless of the vendor activity status (active or terminated) regarding the platform; the vendor is ultimately responsible for all applicable laws governing the use and storage of customer data within their own CRM.
Coachwares Marketplace and it partners are not responsible and must be held harmless for any use of the customer data by the vendor. It is the vendor responsibility to disclose to their clients the vendor’s data usage and protection protocols independent of any notifications done by the Coachwares platform and its partners.
Vendor acknowledges that it may have access to certain information in the Customer’s Data record for the purposes of communication and support of purchased Products and Services set forth in this Agreement. If any data is made available or accessible to Vendor, its employees, agents, or contractors, pertaining to Customer’s business or personal life, Vendor will not store, copy, analyze, monitor, or otherwise use that data except for the purposes set forth in this Agreement for the benefit of the Customer.
Vendor will comply fully with all applicable laws, regulations, and government orders relating to personally identifiable information (“PII”) and data privacy with respect to any such data that Vendor receives or has access to under this Agreement or in connection with the performance of any services for Customer.
Vendor will otherwise protect PII and will not use, disclose, or transfer across borders such PII except as necessary to perform under this Agreement or as authorized by the data subject or in accordance with applicable law. To the extent that Vendor receives PII related to the performance of this Agreement, Vendor will protect the privacy and legal rights of Owner’s personnel, clients, customers, and contractors.
All memberships for the Coachwares Marketplace shall be a monthly re-occurring type paid via a credit card. The vendor can choose which membership best fits their needs and requirements. A vendor may upgrade or downgrade at any time, but the actual changes to the membership will not occur until the beginning of the following month. In the event a vendor downgrades a membership, there may be some features no longer available to the vendor.
It is the vendor’s responsibility to verify and understand what changes will occur prior to changing the membership level. There is a 2-day grace period for credit cards that decline, for membership renewal, prior to the vendor’s store being disabled and non-viewable on the platform. A Vendor store will be disabled & non viewable for non-payment for up to 30 days. Note the vendor’s store and content will be deleted upon:
- The vendor membership is cancelled
- Or no payment has been received via a credit card within the 30 days that the store has been disabled.
- The Owner will assume the store has been abandoned and all content will be deleted.
- Any monies in the Vendor’s sale collection account on the platform will be forfeited.
For current vendors that purchased a lifetime membership, those memberships may be upgraded to any of the monthly re-occurring memberships to keep the existing store active. Any vendor that has a lifetime membership but does not have an active store (a store that is visible on the platform with sellable items) will be considered abandoned effective the 15th day of March 2022 and will be deleted. No refunds will be provided. All active store vendors will be added to a list and will be contacted by a Coachwares Marketplace team member to inquire if they want to upgrade or cancel their membership to the platform. Coachwares management reserves the right to cancel a vendor’s membership and terminate operation of their store, at any time. The vendor will be notified by the email address on file. Upon termination, all access to their products and services will be immediately suspended and all content will be deleted from the servers within 1-2 business days from the email being sent.
Membership upgrades to a monthly membership must be completed and active by the 15th Day of March 2022 to keep store and all products and services hosted on Coachwares.com and Courses.Coachwares.com. Vendors with out a monthly membership will have the store closed and all content deleted from the servers / websites listed above effective 16th Day of March 2022.
Note: Coachwares is shifting to a monthly re-occurring membership model and away from a back-end weighted commission model, thereby the Vendor keeps a higher percentage of the sale. Additionally as to comply with the USA Supreme Court ruling in 2018 (Wayfair Case), all internet-based marketplaces are required by law to capture and report sales taxes to the appropriate state tax agency (USA sales). To capture & process a client’s credit card and the appropriate sales tax amount, the platform charges a 6% fee to cover these costs. This fee is not the actual sales tax amount. Rather the sales tax amount is calculated by our sales tax service provider based on the client’s physical billing address. The sales tax amount is added to the checkout amount and is sent directly to our sales tax service provider to be submitted to the appropriate government agency.
3.1.10. Advertising Responsibilities
It is the responsibility of the Vendor to promote and drive clients to their store on the platform. This is up to the Vendor on how they do this – whether it is through paid ads, social media posting, podcasting, networking, affiliate sales, etc.
Coachwares.com Marketplace is actively marketing the platform to the world and driving traffic to the website but will not specifically advertise for a Vendor unless the Vendor is involved with the Coachwares Store Marketing Program. This is a paid program the platform offers the Vendors.
Additionally, Vendors may run paid advertisements in the paid advertising sections on the Coachwares Website. If a Vendor is interested in this type of advertising, please contact https://support.coachwares.com to request a meeting with a team member.
3.2. Access to provided content
Content that Users provide to this Website is made available according to the criteria specified in this section.
Publicly available content
Content provided for public availability shall be automatically made public on this Website or, at the sole discretion of the Owner, at a later stage.
Any personal identifier, data, or any other information that Users upload in connection with such content (such as a User-ID, avatar, or nickname etc.) shall also appear in connection with the published content.
Private content provided by Users shall remain private and will not be sold or shared with any third parties or accessed by the Owner without the User’s explicit consent.
Content for specific audiences
Content meant to be made available to specific audiences will only be shared with such third parties as determined by Users.
Any personal identifier, data, or any other information that Users upload with such content (such as a User-ID, avatar, or nickname etc.) shall also appear in connection with the published content.
Users may check on this Website to find details of who can access the content they provide.
3.3. Access to external resources
Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.
How to file a takedown notice (called a "DMCA notice")
If a copyright infringement has been detected, coachwares.com admin team asks that an email be sent to firstname.lastname@example.org with a link to the Vendor’s copyright material prior to starting the following formal process. Our team will review the data and determine what are the next steps. The admin team will be in email contact will all parties during the resolution process. It may be necessary to file the formal paperwork, but that is the decision only made by the Coachwares.com administrative team.
If copyright holders or their agents believe that any content on this Website infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material.
- Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail.
- A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright Owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the Owner of an exclusive right that is allegedly infringed.
Failure to comply with all the requirements outlined above may result in invalidity of the DMCA notice. Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.
3.4. Acceptable use
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations, or third-party rights.
4. Common provisions
4.1. No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
4.2. Service interruption
To ensure the best possible service level, Coachwares.com and its Owner reserves the right to interrupt the service for maintenance, system updates or any other changes, informing the Vendors and Users appropriately.
Within the limits of law, the Coachwares.com may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data, owed money, or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g., labor actions, infrastructural breakdowns, or blackouts etc.)
4.3. Service reselling
Users and/or Vendors may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling or affiliate program.
4.5. Return / Refund policy
The general refund policy can be found in Section 7 of this Agreement. Some Vendors may choose to have their own Return / Refund Policy which may either add to the general policy listed below or completely replace it with their own specifications. Please refer to a Vendor’s store specific policy regarding this policy before purchasing from the Vendor.
Vendors are not subject to any refunds / returns. The Vendor membership for the platform is a monthly re-occurring payment. Vendors can cancel anytime and upon cancelation their store will remain open until the end of the current membership month.
4.6. Vendor Payment
The Platform utilizes Stripe.com to “pay” all Vendors that sell on the platform. A Vendor must setup the payment portal using Stripe.com payments during the initial store setup as described in Section 3.1.5. Currently, PayPal is not available.
The Vendor is responsible for any fees that may be levied by their financial institution or Stripe.com for the processing of the Vendor payments utilizing the Stripe.com payment portal. All vendors must request a “withdraw” from within the payment menu on their store management portal in order to get paid. There are no automated payments at this time. All withdraw payments are required to be a minimum of $25 USD and the payment from the Vendor’s customer must be fully cleared and deposited into the Owner’s bank account. The Owner will confirm funds availability and make payments available as soon as possible.
Please note, large monetary transactions may take up to 7 business days to clear Stripe.com’s processing. RCG has no control over this aspect and will not authorize a withdraw until a customer’s payment has fully cleared. A withdraw request may be requested for any client purchase for which the return / refund window has closed, refer to Section 7 for more details.
All payments are held for the refund / return period to simplify the process. However, per the refund policy specified in Section 7 once the User accesses the purchased content a refund / return is no-longer permitted.
4.7. Intellectual property rights
Any intellectual property “IP” rights, such as copyrights, content, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner, the Owner’s Vendors, and Store Vendors.
Any trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website and or the Service are the exclusive property of the Owner, its Vendors and/or Contractors, and Store Vendors.
Any copyrights, content, trademarks, service marks, wordmarks, illustrations, images, and/or logos appearing on this platform are used with the express permission from the owner. If any of the previously items is seen on the platform and should not be, please contact the platform administrator via email, email@example.com and they will review the item in question and remove it as required.
The said intellectual property rights are protected by applicable laws or international treaties related to intellectual property.
4.8. Changes to these terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes by sending out an email with a link to the revised document.
The Vendor’s and/or User’s continued use of the Website and/or the Service will signify the Vendor and/or User’s acceptance of the revised Terms.
Failure to accept the revised Terms may entitle either party to terminate the Agreement.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force. The date will be listed at the end of this document.
4.9. Assignment of contract
The Owner reserves the right to transfer, assign, dispose, or subcontract any or all rights under these Terms. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity, or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
4.12. Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
4.13 Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.
Each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.
Consumers based in England may bring legal proceedings in connection with these Terms in the English courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.
5. Warranties; Limitation of Liability
Each party represents and warrants to the other that (a) it has the full power to enter into this agreement and to perform its obligations hereunder, (b) this policy constitutes a legal, valid, and binding obligation of such party, enforceable against such party in accordance with its terms, and (c) this policy does not contravene, violate, or conflict with any other policy of such party.
Except as specifically provided in the policy, neither party makes, and each party expressly disclaims, any representations or warranties in connection with this policy, whether express, implied, statutory or otherwise, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, title, any warranties arising out of a course of performance, dealing or trade usage, and their equivalents under the laws of any jurisdiction.
5.3. Limitation of liability
Except for the parties’ obligations pursuant to paragraph “No Agency”, neither party shall be liable to the other party for any special, consequential, punitive, incidental, or indirect damages, or any damages for lost data, business interruption, lost profits, lost revenue or lost business, arising out of or in connection with this policy, however caused and based on any theory of liability, arising out of this policy, whether or not such party has been advised of the possibility of such damage, and notwithstanding any failure of essential purpose of any limited remedy. In no event will the aggregate liability of any party under this policy exceed $250 US dollars.
5.4. No agency
Beyond what is stated in this policy, no party will make any claims, representations, or warranties on behalf of the other parties or bind the other parties, and neither party is authorized to do so by this policy. The relationship between the parties will be that of independent contractors and end Users.
5.5. No disparagement
During the term of this policy, each party shall not make any public statements disparaging the other party’s Marks, Products, or Services.
5.6. Duty of loyalty
Executive acknowledges and agrees that Executive owes a fiduciary duty of loyalty to always act in the best interests of company. In keeping with such duty, Executive shall make full disclosure to company of all business opportunities pertaining to company’s business and shall not appropriate for Executive’s own benefit business opportunities concerning company’s business.
Indemnification - Except as expressly set forth in this Section 5, neither party shall have any obligations to indemnify the other party.
5.7. By vendor
Vendor agrees to indemnify and hold harmless RCG, LLC and Coachwares.com from and against any and all claims, damages, liabilities, losses, judgments, costs, and attorneys’ fees arising directly out of, or relating to: (a) Vendors gross negligence or willful misconduct in engaging in the use of the website hereof, and (b) any statements made by Vendor during the term of this policy disparaging the Marks, products or services of Vendor whether or not such statements are true, provided that occasional inadvertent breaches of this clause (b) by Vendor shall not be deemed a material breach of this policy. Notwithstanding the foregoing, RCG, LLC and Coachwares.com shall have the right, in its absolute discretion and at its sole cost, to employ attorneys of its own choice and to institute or defend any claim for which RCG, LLC and Coachwares.com has a right to be indemnified.
5.8. By RCG, llc.
RCG, LLC agrees to indemnify and hold harmless Vendor and User from and against any and all claims, damages, liabilities, losses, judgments, costs, and attorneys’ fees arising directly out of, or relating to: (a) RCG, LLC’s and Coachwares.com’s gross negligence or willful misconduct in engaging in the development and operation of the website hereof, and (b) any statements made by RCG, LLC and Coachwares.com during the term of this policy disparaging the Marks, products or services of Vendor and/ or User, whether or not such statements are true, provided that occasional inadvertent breaches of this clause (b) by RCG, LLC shall not be deemed a material breach of this policy. Notwithstanding the foregoing, Vendor and/or User shall have the right, in its absolute discretion and at its sole cost, to employ attorneys of its own choice and to institute or defend any claim for which Vendor and/or User has a right to be indemnified.
5.9. By user
User agrees to indemnify and hold harmless Vendor and/or RCG, LLC/ Coachwares.com from and against any and all claims, damages, liabilities, losses, judgments, costs, and attorneys’ fees arising directly out of, or relating to: (a) User’s gross negligence or willful misconduct in engaging in the use of the website hereof, and (b) any statements made by Vendor and/or RCG, LLC/ Coachwares.com during the term of this policy disparaging the Marks, products or services of Vendor and/or RCG, LLC/ Coachwares.com, whether or not such statements are true, provided that occasional inadvertent breaches of this clause (b) by Vendor and/or RCG, LLC/ Coachwares.com shall not be deemed a material breach of this policy. Notwithstanding the foregoing, Vendor and/or RCG, LLC/ Coachwares.com shall have the right, in its absolute discretion and at its sole cost, to employ attorneys of its own choice and to institute or defend any claim for which Vendor and/or RCG, LLC/ Coachwares.com has a right to be indemnified.
5.10. Governing law; venue
This policy is to be construed in accordance with and governed by the internal laws of the State of Arizona, USA without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Arizona to the rights and duties of the parties. Each party hereby irrevocably consents to the jurisdiction and venue of the state and federal courts located in Phoenix, Arizona in connection with any claim, action, suit, or proceeding relating to this policy and agrees that all suits or proceedings relating to this policy shall be brought only in such courts, provided that either party may seek injunctive, equitable or similar relief from any court of competent jurisdiction.
6. Surviving Provisions
This Agreement shall continue in effect until it is terminated by either this Website or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:
- the User’s grant of licenses under these Terms shall survive indefinitely
- the User’s indemnification obligations shall survive for a period of five years from the date of termination
- the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.
7. Returns and Refunds Policy
Thanks for purchasing offered products (or subscribing to offered services) at https://coachwares.com operated by Revenue Consultants Group, LLC.
Any refunds must be coordinated with the Vendor store directly. The general platform refund / return period is 3 days from date of purchase. However, Vendors may choose to disregard the general platform policy and define their own refund / return policy. Please review the Vendor policies prior to purchasing a product. The Owner does not authorize or issue any refunds, only the Vendor can authorize a refund.
There are no refunds provided to Vendors on the platform with regards to paid memberships or any platform offered services.
The general rule is once the digital product or service is accessed or activated and content is viewed by the User; a refund is no longer available. Physical products may have different requirements. Please inquire with your Vendor regarding their return/refund policy prior to purchasing an item.
To be eligible for a refund:
- User must not have accessed and/or activated any digital item and/or viewed any digital content.
- Physical product must be returned in its original condition & packaging.
- The item must be unused and undamaged in any way. The Vendor of the item is the sole determiner of whether the item has been used. The Vendor is the only party that can authorize and approve a refund.
- The Owner will only process a refund if directed to do so by the item Vendor. The Owner will not challenge a Vendor’s refund decision.
- The User’s account must show the purchase the product and/or service for the requested return or refund.
Please note that the products on sale are eligible for refund, but only for the sale amount paid. Conditions defined in the previous paragraph “In order to be eligible for a refund:…” must be met, no exceptions.
Customer is responsible for all postage to return physical items to the Vendor. All returns must be coordinated with the Vendor directly.
Refunds will not be processed for physical products until the Vendor notifies the platform administration that the product has been received, deemed that the product meets the Vendor’s requirements for returns and the refund can be processed.
This process may take upwards of 4 weeks; depending on the type of item (physical or digital), bank processing times, Vendor response to the Platform, etc. Lost or undeliverable returns (physical items) are not the responsibility of the Platform or the Vendor.
If you have a question about a refund, please feel free to contact us at firstname.lastname@example.org.
The money will be refunded to the original payment method the User used during the purchase. Note that it may take up to 14 business days for a refund to show up on your account or credit card statement after the refund has been processed & approved on the platform.
If you have any additional questions, feel free to contact us using the contact information below.
Revenue Consultants Group, LLC
2487 S Gilbert Rd, Suite 106-221
Gilbert, Arizona, 85295
Last Updated: February 25, 2022
Terms Effective Date: March 1, 2022