Privacy and Data Systematic Community Terms of Service 1:1 Coaching Terms of Service

                  

Terms of Service for Systematic Mind Community

By checking the box next to this Terms of Service and clicking the “Purchase” button, you, the purchaser of a subscription to the Membership Site entitled Systematic Mind (hereinafter “Client”), affirm that you are at least eighteen years old and legally competent to enter to this agreement, and acknowledge the terms as outlined herein and agree to willingly purchase entry into Systematic Mind Community (hereinafter “Systematic Community” and “Program”), to be provided with services rendered by Systematic Mind, DBA of KH Coaches, LLC (hereinafter “Systematic Mind”). By doing so, you agree that you are voluntarily entering into a legally binding Agreement, including the automatic renewal terms, with Systematic Mind, inclusive of the following mutually agreed-upon terms of Service.

For good and valuable consideration of a monthly fee of forty-nine U.S. dollars ($49) or an annual fee of four hundred and ninety-seven dollars ($497), Client agrees to purchase a recurring subscription to Systematic Community. Any applicable promotional terms will be specified on the checkout page during promotional periods. If the Client receives a membership as a gift, they acknowledge that this Agreement remains a bargained-for exchange and understand they are legally bound to this Agreement. In return, Systematic Mind agrees to deliver the services described in the Membership and Site Outline details below hereto:

1. MEMBERSHIP REGISTRATION AND SITE OUTLINE:

a. Client agrees and understands that they are purchasing a subscription to Systematic Community, which offers educational resources, group mentoring calls, and a community of like-minded women. Systematic Mind is not an accredited academic institution and does not offer formal certifications or degrees. Our programs are designed for personal and professional development only. While the details below are subject to change, at the time of purchase, the Systematic Community includes access to the following:

i. The Systematic Community membership, including all content and resources that have been created for the membership.

ii. Group Mentoring Sessions, alternating between lasting approximately thirty minutes to one hour.

iii. Access to an exclusive online community solely for Systematic Community members.

iv. Additional resources, guides, and services as created by Systematic Mind.

b. Systematic Mind reserves the right to make changes to events, information, and speakers without prior notice. While Systematic Mind strives to provide accurate information, its accuracy cannot be guaranteed at all times.

c. Client acknowledges that they have conducted any additional research necessary to understand what is provided in Systematic Community, as well as what is not included. Client agrees to be bound by the Terms of Service outlined herein, as well as the general policies and procedures found in this Agreement and on the Systematic Mind website.

d. Systematic Community is not a substitute for personalized business, career, medical, or legal advice. It is not designed to treat any mental, emotional, or other medical conditions. If the Client believes they may need personalized attention, whether for their business, health, or otherwise, they should seek additional assistance outside of Systematic Community and Systematic Mind resources.

e. By registering for the Systematic Community, Client agrees to provide accurate and complete information. Client is responsible for maintaining the confidentiality of their account and password and for all activities that occur under their account. 

2. CONFIDENTIALITY

a. Client understands that by purchasing a subscription to Systematic Community, they will gain access to various trade secrets and proprietary intellectual property of Systematic Mind, including but not limited to materials such as verbal, written, and video advice, mindset guidance, and other information made available through their participation in Systematic Community. Client acknowledges and agrees that this information is confidential and is not to be shared with individuals who have not purchased a membership to Systematic Community. Client agrees not to share, copy, distribute, or use any documents or other proprietary information obtained through Systematic Community for their own business or personal use without the express written permission of Systematic Mind. Any unauthorized use or distribution of this content is a violation of these Terms of Service.

b. If the Client breaches this confidentiality provision and discloses confidential or proprietary information belonging to Systematic Mind or other participants in Systematic Community, the Client understands that Systematic Mind may take additional actions up to and including legal action.

3. PROMOTIONS AND BONUSES:

a. Systematic Mind may offer promotions, bonuses, or other special offers from time to time in connection with the Systematic Community membership. These offers may promote various aspects of the membership or provide additional incentives for new or existing members to upgrade to an annual membership or take other actions as determined by Systematic Mind. Any promotion that includes new or additional products or services may come with specific terms of service that must be agreed upon before becoming eligible for the promotion. Should the Client join Systematic Community through any such promotion, bonus, or offer, such Client agrees to these Terms of Service and any additional terms of service related to the promotion or bonus.

b. Systematic Mind reserves the right to change the pricing of the Systematic Community for future launches, as well as to modify the deliverables. The price for current members may also increase in the future at the sole discretion of Systematic Mind.

4. PAYMENT AND PAYMENT PLANS

a. Client acknowledges and understands that the subscription fee for Systematic Community is payable either monthly at forty-nine U.S. dollars ($49) or annually at four hundred and ninety-seven U.S. dollars ($497). These fees are charged automatically in accordance with the Auto-Renewal Terms outlined in section 5 below. Client agrees to pay the full amount due each month or year, electronically via Systematic Mind's website or through a designated third-party payment processor of Systematic Mind’s choosing. If Client subscribes during a promotional period that includes a trial period or discounted rate, they understand that after this period ends, the regular monthly or annual fee, whichever Client selects, will apply.

b. If the Client fails to make timely payments, or if payments cannot be processed, the Client's access to Systematic Community may be restricted if payment is not made within one (1) day of the due date. Should payment not be paid on the due date, Systematic Mind will continue to attempt to process the payment via membership software. If the payment is successful, the Client will regain full access to the membership site. If payment remains unsuccessful, the Client's access will remain restricted, and an outstanding balance will accrue. The Client must bring their account current to restore access. If payment issues persist for sixty (60) days, the Client's membership will be revoked and canceled permanently. To rejoin, the Client must pay the current subscription rate, which Systematic Mind reserves the right to adjust for future launches.

c. Systematic Mind reserves the right to cancel the Client's access should they fail to make additional payments in line with the Auto-Renewal Terms outlined in section 5 below. In such cases, the Client is not entitled to a refund for any payments already made to Systematic Mind for access to the membership.

d. GIFTED MEMBERSHPS: From time to time, Systematic Mind may offer current clients the opportunity to gift an annual membership. By gifting a membership, the Client understands that the recipient of the gifted membership will also be bound by these Terms of Service, including those related to payment and refunds and terms of service outlined in this section.

i. All gifted memberships are final sale and non-refundable once purchased.

ii. Only annual memberships can be gifted; monthly memberships are not eligible for gifting.

iii. The gifted membership must be activated within six (6) months from the date of purchase, or it will expire without a refund.

iv. The Client will not be automatically billed or charged for the gifted membership after the initial purchase, automatic charges only pertain to their own membership.

e. RECIPIENTS OF GIFTED MEMBERSHIPS: If you receive a gifted membership to Systematic Community, you understand and agree to these Terms of Service in their entirety, and specifically the foregoing:

i. Client will have six (6) months from the date of receipt to activate and begin using your membership, or it will be deactivated and rendered unusable.

ii. Client will receive email notification of the gifted membership and must create an account to activate their Systematic Community Membership, which includes providing Systematic Mind with a credit card for future automatic billing.

iii. After the term of the gifted membership expires, Client’s card will be charged the current annual membership rate. If Client wish to cancel or change their membership to a monthly plan, they may do so by contacting Systematic Mind at [email protected] and follow the cancellation instructions in section 5c below.

iv. By creating an account and using the Systematic Community membership, you confirm that you have read and agree to these Terms of Service in full. Continued use of Systematic Community signifies ongoing agreement to these Terms of Service in their most updated form.

5. AUTO-RENEWAL AGREEMENT

a. Client understands and agrees that continued access to Systematic Community requires recurring monthly or annual payments, which will be charged on the same day of the month or year on which the Client originally subscribed. For example, if the Client joins Systematic Community on the 5th of the month with a monthly membership, the Client will be charged on the 5th of every subsequent month.

b. If the Client opts for a monthly subscription: by purchasing access to Systematic Community and agreeing to these Terms of Service, the Client acknowledges that they will be automatically charged each month using the same payment method used for the initial transaction for the following month of membership to Systemiatic Community. This automatic charge will continue each month unless the Client cancels their membership. If the Client opts for an annual subscription: by purchasing access to Systematic Community and agreeing to these Terms of Service, Client acknowledges that they will be automatically charged each year, for the following year of membership, using the same payment method used for the initial transaction. This automatic charge will continue each year unless the Client cancels their membership.

c. CANCELLATION POLICY: If the Client wishes to cancel their membership, they must do so more than 24 hours before the next scheduled charge. Any cancellation requests made less than 24 hours before the automatic renewal, or subsequent to the charge, will take effect the following month or year.

i. HOW TO CANCEL: To cancel a membership, the Client must send an email to [email protected] with the subject line "MEMBERSHIP CANCELLATION," including the Client's name, email address, and a confirmation of the request to terminate the membership. Client will receive a notification upon Systematic Mind's receipt of the email, and the membership will be canceled before the next billing period, provided the request is made more than 24 hours in advance. Membership can alternatively be canceled through Client’s membership portal, but is not guaranteed. To cancel membership through the portal, Client must select their image or initial icon, select settings, select billing, select cancel. Instructions for Client ‌portal cancellations are subject to change depending on the provider’s platform.

ii. As stated above, if the Client cancels their membership less than 24 hours before the automatic renewal is scheduled, the Client acknowledges and agrees they will be charged for the next month (or year, if billed annually), and the cancellation will take effect after this period. In such cases, the Client will retain access to Systematic Community for the duration of the paid period, with the membership terminating at the end. 

d. If the Client purchased access to Systematic Mind during a period that included a trial period, the Client understands they will be automatically charged the full monthly amount at the end of the trial period. No additional notice will be given regarding the end of the trial period. By checking the box on the purchase page confirming agreement to these Terms, the Client provides unequivocal, clear and affirmative consent to the automatic renewal terms, the cancellation policy, and acknowledges understanding of the cancellation process before the card is charged for the subsequent month.

e. BILLING ADDRESS: Client agrees to keep their billing address updated within their Membership account, understanding that Systematic Mind will use this address to determine the Client's state of residence and applicable laws that may apply to the Client based on their state of residence. Failure to keep the address updated may impact Systematic Mind's ability to provide accurate billing updates and notices. Client understands and, to the fullest extent permitted by law, acknowledges that it is their responsibility to notify Systematic Mind of any changes to their billing address and confirms that the billing address, and state of residency, listed in the Membership account is the most current and accurate. If the Client's physical residency differs from the billing address, Client agrees to notify Systematic Mind to ensure the most current address is on file.

6. REFUND POLICY

Systematic Mind firmly believes in the efficacy of its product, Systematic Community, and the results it can deliver when the Client is committed to the process. However, Systematic Mind offers a 90-Day Money-Back Guarantee (the "Guarantee") for first-time purchasers of Systematic Community.

To request a refund under the Guarantee, the Client must contact Systematic Mind at [email protected]  before 11:59 pm PST on the ninetieth (90th) day after the purchase of the Systematic Community membership. After this ninty (90) day period, all sales are final, and no refunds will be issued for any reason.

  Client can expect reimbursement within thirty (30) days after the cancellation of the Program, processed in the same manner as the original payment. If the request is made after ninty (90) days, no refund will be issued and the Client understands they remain financially responsible for the full payment of the program. As long as the Client has received the appropriate Program curriculum for their purchase (whether annual or monthly), no further recourse for refunds is available. Client understands they will forfeit all access to the Program and its benefits if a refund is issued.

7. TECHNOLOGY

a. Systematic Mind is not responsible for any specific technology or equipment required by the Client to access, adequately view, and utilize the Systematic Community. Client's inability to access the Systematic Community due to technology issues on their end does not qualify Client for a refund, nor does it relieve Client of the responsibility to make monthly or annual payments unless the Client's membership is properly canceled in accordance with the cancellation policy outlined in section 5c above.

b. Systematic Mind discourages the sharing of membership accounts and encourages each individual to purchase their own subscription to the Systematic Community. However, if partners choose to share an account, only one individual will be granted access to the exclusive online community, and all related emails will be sent to a single email address associated with the account.

8. VOLUNTARY PARTICIPATION

a. Client understands and agrees that their enrollment in the Systematic Community is entirely voluntary and that they are solely responsible for any outcomes or results. While Systematic Mind believes in the effectiveness of the services provided through the Systematic Community, Client acknowledges and agrees that Systematic Mind is not responsible or liable should Client sustain any injuries, harm, or negative consequences. Client accepts full responsibility for their health and well-being, including their participation in the Systematic Community and any results that may occur.

b. Client also understands that they will have the opportunity to provide Systematic Mind with additional personal information, which will be viewable to all members of the Systematic Community. This information may include, but is not limited to, location, industry, and other personal details. Providing information is entirely voluntary and optional, and Client will not gain or lose any benefits from the Systematic Community based on their decision to provide or withhold this information. Client understands that this information will be accessible only to other members within the Systematic Community and that, by choosing to share this information, they are doing so voluntarily. Systematic Mind is not responsible for any negative consequences resulting from the dissemination of this information.

9. COMMUNICATIONS FORUM AND PARTICIPATION

a. Participation in community forums must comply with the guidelines outlined in this paragraph. A "forum" refers to any message board, chat room, user review forum, or other interactive service on the Sites, including both public and private areas. Client must register according to instructions on the Sites to participate in any forum. Client may not post or send any material that is abusive, vulgar, threatening, harassing, defamatory, obscene, invasive of privacy, or in violation of any law or intellectual property rights. Commercial use, solicitation of funds, advertising, and transmission of harmful software are prohibited. Systematic Mind is not responsible for user-posted material but retains the right to modify or remove content at its sole discretion. By posting on the Sites, Client grants Systematic Mind and its affiliates a worldwide, perpetual, nonexclusive right to use the posted content in any medium. Client warrants ownership or control of the rights to the content and that its public posting will not infringe on third-party rights. No compensation will be provided for posted materials.

b. If at any time Client is found to be disruptive, making disparaging or defamatory comments about Systematic Community, Systematic Mind, or any team members, or otherwise negatively impacting the community for others and hindering or distracting other Clients from their own success, Systematic Mind reserves the right to remove Client from the community without a refund. Client understands and acknowledges this risk if they elect to act inappropriately and agrees that this is a suitable remedy for such behavior.

c. Systematic Mind reserves the right, at its discretion, to suspend or terminate the registration of any forum user or general user who violates these terms of service, any forum member guidelines, or engages in any behavior deemed inappropriate by Systematic Mind.

d. By providing your mobile number, Client agrees to receive SMS messages from Systematic Mind. These messages may include order confirmations, ongoing training, updates, promotions, videos, audios, or other communications related to Systematic Mind programs and events. Client can opt out of receiving future text messages at any time by replying with the word "STOP." Systematic Mind will not sell or rent Client's phone number and will only communicate regarding relevant topics, programs, or events.

e. Client agrees to the Privacy and Data Policy for Systematic Mind outlined above. 

10. TESTIMONIALS

a. Systematic Mind may request Client to provide a testimonial for publication on the Systematic Mind website or various sales materials for Systematic Community or other programs. Client is not obligated to provide a testimonial and understands that their choice to do so is entirely voluntary. There will be no adverse consequences or changes in the relationship between Systematic Mind and Client if a testimonial is not provided.

b. If Client agrees to provide a testimonial, Client understands that the testimonial, along with a photo, may be published on the Systematic Mind website or other materials. Client will be required to sign an additional Release, confirming Systematic Mind's right to use the testimonial. No payment or additional services will be provided in return for the testimonial, and Client grants Systematic Mind an unlimited, irrevocable license to use, publish, distribute, or repurpose the testimonial.

c. Client grants Systematic Mind an unlimited, irrevocable license to repost, share, publish, and otherwise use any text, name, and/or likeness voluntarily posted by Client on social media or sent via email, including but not limited to the Systematic Mind Community Facebook group, Systematic Mind Facebook Page, Systematic Mind Community Forum, Instagram comments, Instagram DMs, and Twitter comments. Client understands and agrees that any such comments or messages may be captured and reposted by Systematic Mind for marketing and publicity purposes.

d. If Client applies for a Member Interview or Showcase via Google, Asana or Typeform, Client acknowledges that there is no guarantee of winning a session with any Systematic Mind representative. Client freely grants Systematic Mind permission to use any content contained in the application as a testimonial for Systematic Community without any additional compensation.

11. AUTHORIZATION + RELEASE

By participating in the Systematic Community, you acknowledge that your involvement may be recorded in various forms, such as audio, video, or images. You grant Systematic Mind and its representatives the right to use these recordings worldwide and indefinitely for promotional purposes, without any further compensation to you. This includes the right to modify the recordings as deemed necessary.

You confirm that any statements or endorsements you make are truthful and represent your genuine opinions and experiences. You waive any rights to review or approve the recordings and release Systematic Mind from any liability arising from their use.

You affirm that you are at least eighteen years old and legally competent to enter into this agreement. This release applies to you, your heirs, and assigns.

By agreeing to these terms, you acknowledge that your participation is voluntary and that you are solely responsible for your actions.

12. DISCLAIMER / NO GUARANTEES

a. While many of Systematic Mind's past and current clients have experienced significant benefits from the content provided in the Systematic Community, Systematic Mind cannot guarantee specific results from any of the content and makes no representations or guarantees regarding individual outcomes. Client agrees to hold Systematic Mind harmless if they do not achieve the desired results.

b. Client understands that all services provided by Systematic Community and Systematic Mind in connection with the purchase are offered on an "as is" basis, meaning they come without any guarantees, representations, or warranties, including but not limited to warranties of quality, non-infringement, fitness for a particular purpose, merchantability, or expectation of performance. Client chooses to purchase access to Systematic Community and work with Systematic Mind voluntarily and does not hold Systematic Mind responsible should they become dissatisfied with any portion of Systematic Community.

c. Client agrees that they do not have a cause of action, legal remedy, or entitlement to a refund if they do not achieve their desired results after completing the Systematic Community, as long as Systematic Mind delivers the program as described in the the Membership Registration and Site Outline, section 1, above.

d. Client also agrees to hold Systematic Mind harmless should any physical, emotional, or financial injury occur as a direct or indirect result of participating in the Systematic Community. The content provided by Systematic Mind on its website and within Systematic Community is based on methods that have worked for Systematic Mind and other clients, and may or may not be applicable to the Client's personal or professional life. Client understands that Systematic Mind cannot guarantee results and has no expectation of a specific outcome for which Systematic Mind can be held responsible.

e. Earnings Disclaimer: Systematic Mind does not make any guarantees or assurances regarding a particular financial outcome based on the use of Systematic Community. Systematic Mind is not responsible for Client's earnings or any changes in finances based on information within the Systematic Community. Any information or testimonials regarding past or current clients' participation, or their financial outcomes, are individual and results may vary.

f. Not Medical or Professional Advice: The goal of the Systematic Community is to provide Client with monthly education and assistance. The content within the Systematic Community is not to be considered personalized business, career, medical, legal, or financial advice, and is not intended to provide or substitute for mental health treatment. Systematic Mind encourages Client to consult the relevant professionals if they believe they may benefit from such services. It is assumed that all individuals choosing to purchase access to the Systematic Community have conducted any necessary additional research and concluded that the program is right for them.

13. INTELLECTUAL PROPERTY

a. Client agrees and understands that Systematic Mind has created numerous original, creative works in connection with Systematic Community, and that Systematic Mind maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in Systematic Community, whether created prior to or during the Client's engagement. This includes, but is not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, workbooks, website copy, and sales page content. 

b. Client may be granted a limited right to use selected materials in their own lives, but understands that the original proprietary rights remain with Systematic Mind. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Systematic Mind to Client, nor grant any license to use the information beyond what is expressly provided throughout the course of Systematic Community.

c. Client agrees and understands that they are prohibited from copying, reposting, altering, publishing, selling, assisting others in selling, manipulating, distributing, or in any way exploiting any content or intellectual property provided by Systematic Mind or obtained through their engagement with Systematic Mind, without Systematic Mind's express written consent. Users of our Sites and affiliated Sites understand that the tools, processes, strategies, materials, and information presented are copyrighted and proprietary, and agree not to record, duplicate, distribute, teach, or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Systematic Mind’s proprietary concepts, materials, and intellectual property by you or your representatives is strictly prohibited. Should such behavior be discovered or suspected, Systematic Mind reserves the right to immediately terminate Client's participation in Systematic Community without refund, revoke access to any Systematic Community materials the Client may have purchased, and pursue legal action and full damages to the fullest extent of the law to protect these rights.

d. Licensee Rights: Systematic Mind's Limited License to Client: Client understands that by purchasing access to Systematic Community, they are granted a limited, revocable, non-transferable license to view and use the content and information provided as instructed or allowed by Systematic Mind. As a "Licensee," the Client agrees that they will not:

i. Copy, edit, distribute, duplicate, or steal any information or content obtained through Systematic Community without written permission from Systematic Mind;

ii. Post, distribute, copy, or otherwise use any portion of Systematic Community content or information obtained via other members in the group without written permission from Systematic Mind, understanding that such use may constitute infringement and give rise to a cause of action against Client;

iii. Claim any content created by Systematic Mind as their own, meaning Client cannot claim any content created by Systematic Mind was their work, and use it in their business or professional lives as their own;

iv. Share purchased materials, information, or content with others who have not purchased access to Systematic Community.

v. Client acknowledges and understands that any actions including, but not limited to, those outlined above will likely constitute infringement and/or theft of Systematic Mind's work, and a violation of this Agreement and United States Federal laws.

14. SYSTEMATIC COMMUNITY "BENEFITS" SECTION AND GUEST EXPERT MATERIAL

a. Within the Systematic Community, Clients have access to a "Benefits" or “Library” page that includes offerings, deals, and coupon codes for some of Systematic Mind's recommended brands. Client understands that Systematic Mind is not responsible or liable for any products or services Client chooses to utilize from the "Benefits" or “Library” section of Systematic Community, and such decisions are wholly voluntary and outside the scope of the Systematic Community. The Benefits and Library sections are simply a list of products and services that Systematic Mind recommends and/or uses, which may or may not be useful to members of the Systematic Community.

b. If Systematic Mind has any material relationship with any products, services, or companies (including but not limited to affiliate relationships that allow Systematic Mind to collect a commission for any products or services purchased through these links), such material relationships will be disclosed on or near the link to each company, identifying it as an "affiliate" link. Those marked with "affiliate link" notations mean Systematic Mind is an affiliate of the respective company and will receive financial compensation should Client choose to purchase the products or services offered.

c. The Program will include various modules, trainings, bonuses, and other educational content provided by guest experts, including industry leaders, professionals, and other contributors. All information, resources, training, education, and opinions offered by guest experts are solely their own, based on their education and experience, and do not necessarily reflect the views of Systematic Mind. Client agrees to indemnify and hold Systematic Mind harmless from any and all claims related to material or information provided by guest experts. Any issues Client may have with a guest expert must be addressed directly with the guest expert.

15. INDEMNIFICATION

Client agrees to defend, fully indemnify, and hold Systematic Mind and any affiliates, agents, team members, or other parties associated with Systematic Mind harmless from any causes of action, damages, losses, costs, and expenses incurred as a result of Client's use of the Systematic Community, as well as any third-party claims of any kind (including attorney's fees) arising from their actions as a direct or indirect result of their participation in the Systematic Community. Should Systematic Mind be required to defend itself in any action directly or indirectly involving Client, or in an action where Client's participation or assistance would benefit Systematic Mind's defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Systematic Mind, free of charge.

16. DISPUTE RESOLUTION

a. Should a dispute arise between Systematic Mind and Client, the parties agree to attempt to resolve it through good-faith negotiations and discussions. Client agrees that failure to achieve specific results is not a basis for a dispute and does not hold Systematic Mind responsible for any specific outcomes, nor for the results achieved by other clients.

b. If the dispute cannot be resolved informally, Client and Systematic Mind agree that all disputes will be submitted for arbitration by the American Arbitration Association, to be conducted in Phoenix, Arizona, within a reasonable timeframe. Both parties agree to participate in the arbitration process in good faith and in a manner designed to effectively and efficiently resolve the dispute, including the exchange of any necessary materials, documents, or information. The decision made by the arbitrator will be final and binding on both parties, and cannot be appealed or otherwise set aside. It will be enforceable in any court of proper jurisdiction as a judgment of law or decree.

17. APPLICABLE LAW

This Agreement shall be governed by and interpreted under the laws of the state of Arizona, irrespective of conflict of law principles or Client's location. The Client understands and agrees that the laws of Arizona will apply to this Agreement.

18. AMENDMENTS

This Agreement may be amended or modified from time to time as the Systematic Community membership is updated, laws or regulations change, or as deemed necessary by Systematic Mind. Client understands and agrees to abide by the most recent version of these Terms of Service and will review them periodically as needed. Should Systematic Mind make any significant changes to these Terms of Service, Client will be notified and given the opportunity to cancel their membership if they do not agree to the updated terms. Continued membership in the Systematic Community will constitute Client's acceptance of the updated terms.

              

Terms of Service for Systematic Mind 1:1 Coaching

By checking the box next to this Terms of Service and clicking the “Purchase” button, you, the purchaser of a 1:1 Coaching 12-Week Package with Systematic Mind (hereinafter “Client”), affirm that you are at least eighteen years old and legally competent to enter into this agreement. You acknowledge the terms as outlined herein and agree to willingly purchase entry into the 1:1 Coaching Program (hereinafter “Program”) provided by Systematic Mind, DBA of KH Coaches, LLC (hereinafter “Systematic Mind”). By doing so, you agree that you are voluntarily entering into a legally binding Agreement with Systematic Mind, inclusive of the following mutually agreed-upon terms of service.


For good and valuable consideration of three thousand U.S. dollars ($5,000), Client agrees to purchase the 1:1 Coaching 12-Week Package. This program includes a complimentary one-year subscription to Systematic Community. By enrolling in the coaching program, Client also agrees to abide by the Systematic Community Terms of Service. In return, Systematic Mind agrees to deliver the services described in the Membership Registration and Site Outline below hereto: 

1. MEMBERSHIP REGISTRATION AND SITE OUTLINE:

a. Client agrees and understands that they are purchasing the 1:1 Coaching 12-Week Package. Systematic Mind is not an accredited academic institution and does not offer formal certifications or degrees. Our programs are designed for personal and professional development only. While the details below are subject to change, at the time of purchase, the Program includes access to the following:

  • 12 week 1:1 coaching sessions.
  • Annual membership to the Systematic Community includes a complimentary first year, provided through a promotional coupon as outlined in the Systematic Community Terms and Conditions. Members must sign up using the coupon, which grants access for one year at no cost. After the first year, membership continues at the standard rate unless canceled.
  • Access to additional pre-coaching materials, including videos, workbooks and guides and post session notes.
  • Additional resources, guides, and workbooks developed for the Program.

b. Clients enrolling in the Program understand that it includes personalized coaching sessions, spanning 12 weeks, with a dedicated focus on systems, processes, self-care, and mindset development.

c. Client acknowledges that they have conducted any additional research necessary to understand what is provided in the Program, as well as what is not included. Client agrees to be bound by the terms of service outlined herein, as well as the general policies and procedures found in this Agreement and on the Systematic Mind website.

d. Systematic Community and the Program are not substitutes for personalized business, career, medical, or legal advice. They are not designed to treat any mental, emotional, or other medical conditions. If the Client believes they may need personalized attention, whether for their business, health, or otherwise, they should seek additional assistance outside of the Program, Systematic Community, and Systematic Mind resources.

e. By registering for the Program, Client agrees to provide accurate and complete information. Client is responsible for maintaining the confidentiality of their account and password and for all activities that occur under their account.

2. COACH-CLIENT RELATIONSHIP

a. Coach commits to maintaining the highest standards of ethics and integrity. Coach provides general health recommendations that do not override the advice of healthcare professionals.

b. Client is solely responsible for their physical, mental, and emotional well-being, decisions, actions, and results arising from the coaching relationship and interactions with the Coach. Client agrees that the Coach is not liable for any actions or inactions, or any direct or indirect results of services provided. Coaching is not a substitute for medical treatment or therapy and does not prevent, cure, or treat any mental disorder or medical condition.

c. Client acknowledges that coaching is a comprehensive process that may involve different areas of life, including work, finances, health, relationships, education, and recreation. Client agrees that deciding how to handle these issues and implementing coaching principles is exclusively their responsibility.

d. Client acknowledges that coaching does not involve the diagnosis or treatment of medical or mental disorders as defined by the American Psychiatric Association. Coaching is not a substitute for healthcare, counseling, psychotherapy, psychoanalysis, mental healthcare, substance use disorder treatment, or other professional advice. It is Client’s responsibility to seek independent professional guidance as needed. If Client is under the care of a healthcare or mental health professional, it is recommended that they inform their provider about the coaching relationship before beginning the program.

e. Client understands that to enhance the coaching relationship, they agree to communicate honestly, be open to feedback and assistance, and create the time and energy to participate fully in the program.

3. CONFIDENTIATLIY AGREEMENT

a. Client understands that by enrolling in the Program, they will gain access to various trade secrets and proprietary intellectual property of Systematic Mind, including but not limited to materials such as verbal, written, and video advice, mindset guidance, and other information made available through their participation. This information is confidential and is not to be shared with individuals who have not purchased a membership to Systematic Community or the Program. Client agrees not to share, copy, distribute, or use any documents or other proprietary information obtained through the Program for their own business or personal use without the express written permission of Systematic Mind. Any unauthorized use or distribution of this content is a violation of these Terms of Service.

b. Systematic Mind will provide Client with access to confidential information as reasonably necessary to comply with the terms of this Agreement. Confidential information includes, but is not limited to, information relating to Systematic Mind's business activities, which is not generally known and is useful in the conduct of Systematic Mind’s business, or which confers a competitive advantage over those who do not possess the information. Confidential information also includes information received by Systematic Mind from others that Systematic Mind has an obligation to treat as confidential, as well as information received by Client from other clients of Systematic Mind. All information which becomes known to Client during the term of the services rendered under this Agreement, which Client reasonably believes is confidential or which Systematic Mind takes measures to protect, shall be regarded as confidential information.

c. If the Client breaches this confidentiality provision and discloses confidential or proprietary information belonging to Systematic Mind or other participants in the Program, the Client understands that Systematic Mind may take additional actions up to and including legal action. This Agreement shall be governed by and construed in accordance with the laws of the state of Arizona.

4. PAYMENT AND PAYMENT PLANS

a. Client acknowledges and understands that the fee for the Program is a one-time payment of three thousand U.S. dollars ($3,000). This fee is payable in full prior to the commencement of the Program. Payment must be made electronically via Systematic Mind's website or through a designated third-party payment processor of Systematic Mind’s choosing.

b.Client acknowledges and understands that they are eligible to register separately for an annual membership to the Systematic Community, with a complimentary first year available through a promotional coupon. The client must sign up independently using this coupon to receive the first year at no cost. By enrolling, the client agrees to all Systematic Community Terms and Conditions, including payment terms related to promotional memberships. The client is responsible for reviewing the Systematic Community Terms and Conditions to cancel or modify their membership as needed.

c. If Client fails to make timely payment or if the payment cannot be processed, Client will not be granted access to the Program. Systematic Mind will make reasonable attempts to process the payment, but if the payment remains unsuccessful, Client will not be able to participate in the Program. If payment issues persist, the Client will need to resolve the payment issue to gain access.

d. Due to the nature of the Program, no refunds, cancellations, or chargebacks are permitted after the initial payment has been made. Clients are responsible for the full payment as agreed. However, if the Coach and Client mutually agree that they are not a good fit after the initial strategy session, which must be scheduled and completed within ten (10) days of purchase, the Client may cancel their membership at that point (hereinafter “Fit Guarentee”). If the Client does not complete their strategy session within the ten (10) day window, they will be ineligible for a potential refund. This mutual decision must be communicated clearly and agreed upon by both parties to be effective. Canceling the Program will also revoke the complimentary one-year membership to the Systematic Community. Clients may re-register for the membership at the standard rate if they choose to do so after their complimentary membership has been canceled.

e. Client agrees to keep their billing address updated within their Membership account. Client understands and, to the fullest extent permitted by law, acknowledges that it is their responsibility to notify Systematic Mind of any changes to their billing address and confirms that the billing address, and state of residency, listed in the Program and membership account is the most current and accurate. If the Client's physical residency differs from the billing address, Client agrees to notify Systematic Mind to ensure the most current address is on file.

f. GIFTED PROGRAMS: From time to time, Systematic Mind may offer current clients the opportunity to gift the Program. By gifting the Progam, the Client understands that the recipient of the gifted membership will also be bound by these Terms of Service, including those related to payment and refunds, and the terms of service outlined in this section.
 

i. All gifted memberships are final sale and non-refundable once purchased.

ii. The gifted membership must be activated within six (6) months from the date of purchase, or it will expire without a refund.

iii. Client agrees fully to the Systematic Community Terms of Service, including payment terms and conditions regarding gifted and promotional memberships.

g. RECIPIENTS OF GIFTED MEMBERSHIPS: If Client receives a gifted membership to the Program, they understand and agree to these Terms of Service in their entirety, and specifically the following:

i. Client will have six (6) months from the date of receipt to activate and begin using the Program, or it will be deactivated and rendered unusable.

ii. Client will receive email notification of the gifted Program and must create an account to activate their Program, which includes providing Systematic Mind with a credit card for future automatic billing.

iii. Client agrees fully to the Systematic Community Terms of Service, including payment terms and conditions regarding gifted and promotional memberships. After the one year promotional membership to Systematic Community, Client’s card will be charged the current annual membership rate.

5. TERMINATION OF COACHING PROGRAM

a. If at any time the Client is found to be disruptive, making disparaging or defamatory comments about the Program, Systematic Mind, or any team members, or otherwise negatively impacting the Program for others and hindering or distracting other Clients from their own success, Systematic Mind reserves the right to remove the Client from the Program without a refund. The Client understands and acknowledges this risk if they elect to act inappropriately and agrees that this is a suitable remedy for such behavior.

6. SCHEDULING AND PROCEDURE

Coaching sessions will be scheduled based on mutual agreement between the Coach and the Client. Clients can schedule their sessions through their membership portal. Strategy sessions must be scheduled and completed within 10 days of purchase to qualify for the Fit Guarentee as outlined in section 4d above. Sessions should ideally be scheduled on a weekly basis. However, under special circumstances, Systematic Mind will work with the Client to adjust the session cadence by mutual agreement. Clients agrees not to skip or push a session beyond a two-week period from the last session date; sessions skipped or pushed beyond this period may be forfeited. Skipped or rescheduled sessions must be communicated to Systematic Mind via text or email to the contact information provided to you through your portal, or through membership portal communication methods. Clients agree to communicate honestly and participate fully in the program.

7. RECORD RETENTION

a. Upon purchasing the Program, all modules and related materials will be accessible to Client for 12 weeks from the date of purchase.

b. Client will have continued access to the Program for one (1) years from the original purchase date. When nearing the one-year mark, Systematic Mind will notify the Client via the email used to purchase the Program, providing an opportunity to download all applicable Program materials before access ends. Systematic Mind is not responsible for any loss of materials or access if the Client fails to download them in time.

8.  TESTIMONIALS

a. Systematic Mind may request Client to provide a testimonial for publication on the Systematic Mind website or various sales materials for the Program or other offerings. Client is not obligated to provide a testimonial and understands that the choice to do so is entirely voluntary. There will be no adverse consequences or changes in the relationship between Systematic Mind and Client if a testimonial is not provided.

b. If Client agrees to provide a testimonial, Client understands that the testimonial, along with a photo, may be published on the Systematic Mind website or other materials. Client will be required to sign an additional Release, confirming Systematic Mind's right to use the testimonial. No payment or additional services will be provided in return for the testimonial, and Client grants Systematic Mind an unlimited, irrevocable license to use, publish, distribute, or repurpose the testimonial.

c. Client grants Systematic Mind an unlimited, irrevocable license to repost, share, publish, and otherwise use any text, name, and/or likeness voluntarily posted by Client on social media or sent via email, including but not limited to the Systematic Mind Community Facebook group, Systematic Mind Facebook Page, Systematic Mind Community Forum, Instagram comments, Instagram DMs, and Twitter comments. Client understands and agrees that any such comments or messages may be captured and reposted by Systematic Mind for marketing and publicity purposes.

d. If Client applies for a Member Interview or Showcase via Google, Asana, or Typeform, the Client acknowledges that there is no guarantee of winning a session with any Systematic Mind representative. The Client freely grants Systematic Mind permission to use any content contained in the application as a testimonial for Systematic Community without any additional compensation.

9. TECHNOLOGY

a. Systematic Mind is not responsible for any specific technology or equipment required by the Client to access, adequately view, and utilize the Program. Client's inability to access the Program due to technology issues on their end does not qualify Client for a refund.

b. Systematic Mind discourages the sharing of membership accounts and encourages each individual to purchase their own Program. However, if partners choose to share an account, only one individual will be granted access to the Coach, and all related emails will be sent to a single email address associated with the account.

10. INDEMNIFICATION

Client agrees to defend, fully indemnify, and hold Systematic Mind and any affiliates, agents, team members, or other parties associated with Systematic Mind harmless from any causes of action, damages, losses, costs, and expenses incurred as a result of Client's use of the Program, as well as any third-party claims of any kind (including attorney's fees) arising from their actions as a direct or indirect result of their participation in the Program. Should Systematic Mind be required to defend itself in any action directly or indirectly involving Client, or in an action where Client's participation or assistance would benefit Systematic Mind's defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Systematic Mind, free of charge.

11. DISCLAIMER / NO GUARANTEES

a. While many of Systematic Mind's past and current clients have experienced significant benefits from the content provided in the Program, Systematic Mind cannot guarantee specific results from any of the content and makes no representations or guarantees regarding individual outcomes. The Client agrees to hold Systematic Mind harmless if they do not achieve the desired results.

b. The Client understands that all services provided by Systematic Mind in connection with the Program are offered on an "as is" basis, meaning they come without any guarantees, representations, or warranties, including but not limited to warranties of quality, non-infringement, fitness for a particular purpose, merchantability, or expectation of performance. The Client chooses to purchase access to the Program and work with Systematic Mind voluntarily and does not hold Systematic Mind responsible should they become dissatisfied with any portion of the Program.

c. The Client agrees that they do not have a cause of action, legal remedy, or entitlement to a refund if they do not achieve their desired results after completing the Program, as long as Systematic Mind delivers the Program as described in the Membership Registration and Site Outline, section 1, above.

d. The Client also agrees to hold Systematic Mind harmless should any physical, emotional, or financial injury occur as a direct or indirect result of participating in the Program. The content provided by Systematic Mind on its website and within the Program is based on methods that have worked for Systematic Mind and other clients, and may or may not be applicable to the Client's personal or professional life. The Client understands that Systematic Mind cannot guarantee results and has no expectation of a specific outcome for which Systematic Mind can be held responsible.

e. Earnings Disclaimer: Systematic Mind does not make any guarantees or assurances regarding a particular financial outcome based on the use of the Program. Systematic Mind is not responsible for the Client's earnings or any changes in finances based on information within the Program. Any information or testimonials regarding past or current clients' participation, or their financial outcomes, are individual and results may vary.

f. Not Medical or Professional Advice: The goal of the Program is to provide the Client with education and assistance. The content within the Program is not to be considered personalized business, career, medical, legal, or financial advice, and is not intended to provide or substitute for mental health treatment. Systematic Mind encourages the Client to consult the relevant professionals if they believe they may benefit from such services. It is assumed that all individuals choosing to purchase access to the Program have conducted any necessary additional research and concluded that the program is right for them.

12. DISPUTE RESOLUTION

a. Should a dispute arise between Systematic Mind and Client, the parties agree to attempt to resolve it through good-faith negotiations and discussions. Client agrees that failure to achieve specific results is not a basis for a dispute and does not hold Systematic Mind responsible for any specific outcomes, nor for the results achieved by other clients.

b. If the dispute cannot be resolved informally, Client and Systematic Mind agree that all disputes will be submitted for arbitration by the American Arbitration Association, to be conducted in Phoenix, Arizona, within a reasonable timeframe. Both parties agree to participate in the arbitration process in good faith and in a manner designed to effectively and efficiently resolve the dispute, including the exchange of any necessary materials, documents, or information. The decision made by the arbitrator will be final and binding on both parties, and cannot be appealed or otherwise set aside. It will be enforceable in any court of proper jurisdiction as a judgment of law or decree.

13. APPLICABLE LAW

a. This Agreement shall be governed by and interpreted under the laws of the state of Arizona, irrespective of conflict of law principles or Client's location. The Client understands and agrees that the laws of Arizona will apply to this Agreement.

14. AMENDMENTS

This Agreement may be amended or modified from time to time as the Program is updated, laws or regulations change, or as deemed necessary by Systematic Mind. Client understands and agrees to abide by the most recent version of these Terms of Service and will review them periodically as needed. Should Systematic Mind make any significant changes to these Terms of Service, Client will be notified and given the opportunity to cancel their membership if they do not agree to the updated terms. Continued participation in the Program will constitute Client's acceptance of the updated terms.