Marcotte Coaching Terms & Conditions/Privacy Policy

​

1. The Online Courses 

​

1.1  A description of Marcotte Coaching’s (MC) Online Courses together with the dates on which the Online Courses will begin are available on the Marcotte Coaching Website (Website).  MC will provide the Online Courses with reasonable care and skill in accordance with the description set out on the Website.

 

1.2  MC reserves the right to vary or withdraw any of the Online Courses described on the Website without notice. 

​

1.3  MC expects Attendees to confirm that the Online Courses purchased will meet your needs.  MC does not make any guarantee to Attendees of a particular result, professional qualification or employment opportunity from purchase and completion of any of the Online Courses. 

 

2. Fees & Payment

 

2.1  The Online Course Fees shall be as set out on the Website. Fees for the Online Courses selected by you on the Website shall be charged to your credit card at the time of purchase.  Fees must be paid in full prior to attending any Online Course. 

​

2.2 Any fees charged by attendee’s credit card provider in connection with the purchase of Online Courses are for Attendee’s own account and MC shall not be responsible for these. 

 

3. Cancellation

​

3.1  Due to the nature of the Online Courses, requiring active participation and limited to a finite number of spots per Course, Marcotte Coaching, cancellations of your attendance represent a hardship for Marcotte Coaching and the other attendees of the Course. Therefore, we only offer cancellation of the Course contract if it is made no less than ten (10) business days’ notice. If less than ten business days’ notice is given, Attendee agrees to forfeit the Online Course fee.

​

3.2  There is no other right to cancel or vary your purchase of Services and any other cancellation and/or variation of course dates will be at the entire discretion of Marcotte Coaching. 

 

4. Employment Status

​

4.1  MC and any of its employees or representatives will maintain the status of independent contractor and are not entitled to insurance, tax withholdings, or benefits of any kind from Attendee or Attendee’s Employer, and will not be considered an employee of Attendee’s Employer. MC will indemnify Attendee from any and all such claims staged in the preceding sentence.   

​

 

5. Confidentiality

​

5.1  MC will not use for his benefit or any party, other than Attendees, disclose to any employee, trainer, and third-party Attendee’s information (or the information of its clients and vendors), including business plans, account holder information, pricing structures, and any other information deemed confidential by Attendee. All information received from Attendee will be treated as confidential. 

​

5.2  Written and/or printed MC materials are copyrighted works, and Attendee understands that they may be reproduced only in excerpted form in accordance with fair use standards. MC hereby warrants that they have all rights and titles as may be required for MC to provide to Attendee the MC materials referenced herein. 

​

5.3  The obligations of confidentiality set forth in this Section 5 shall not apply to any information which was: (a) in the public domain at the time of a party’s communication thereof to the other party; (b) entered in the public domain through no fault of the receiving party subsequent to the time of the disclosing party’s communication thereof to the receiving party; (c) in the receiving party’s possession free of any obligation of confidence at the time of disclosing party’s communication thereof to the receiving party: (d) rightfully communicated by a third party to the receiving party free of any obligation of confidence subsequent to the time of the disclosing party’s communication thereof to the receiving party; (e) was developed by employees or agents of a party independently of and without reference to any confidential information of the other party; (f) is approved for release by written authorization of the disclosing party; or (g) is legally required to be disclosed.  

 

6. Intellectual Property 

​

6.1  All Intellectual Property Rights in the Course Materials, Online Courses are, and remain, the intellectual property of Marcotte Coaching or its licensors, whether adapted, written for or customized for the Attendee or not. 

​

6.2  Attendee’s are not authorized to: 

​

6.2.1  copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission; 

​

6.2.2  record on video or audio tape, relay by videophone or other means the Online Course given 

​

6.2.3  use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer; 

​

6.2.4  remove any copyright or other notice of Marcotte Coaching on the Course Materials; 

​

6.2.5  modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses. 

​

6.3 Breach by Attendee of this clause 6.2 shall allow MC to immediately terminate these terms and conditions with you and cease to provide you with any Online Courses, including but not limited to access to the Online Courses. 

​

6.4 In consideration of the Fees paid by Attendee, MC grants to Attendee a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of participating in and completing the Online Course. 

 

7. Technology Requirements 

 

7.1  The Online Courses are facilitated through an online webcast platform. It is Attendee’s responsibility to ensure that you have the proper hardware and software requirements, along with access to Wi-Fi, to be able to participate in the Online Course. Attendee will need to ensure you have the proper technology at the time of registration as will be provided with the registration details 

 

7.2  MC is not be responsible for any errors or failures in relation to Attendee’s ability to access the Online Course, the Website or any related Course Materials, including where such errors or failures are caused by: (i) a loss of Attendee’s connection; (ii) a breakdown or problems with the online software and/or (iii) a breakdown or problems with Attendee’s internet connection, computer or system. 

 

8. Liability 

​

8.1  Although MC aims to provide the Online Courses to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the program or Course Materials and any reliance by Attendee on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement. 

​

8.2  Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Online Courses. 

​

8.3  MCs total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Online Course (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen. 

​

8.4  No claim may be brought more than six months after the last date on which the Online Courses concerned have finished or ceased to be provided by MC. 

 

9. Termination 

​

9.1  Marcotte Coaching shall be entitled to terminate these terms and conditions and cease to provide you with any Online Courses with immediate effect in the event that Attendee: 

​

9.1.1  fails to pay Fees; 

​

9.1.2  acts in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Marcotte Coaching, or any student who attends any Online Course; 

​

9.1.3  are in breach of these terms and conditions. 

 

10. Force Majeure 

​

10.1  Marcotte Coaching shall not be liable to Attendee for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation. 

​

11. Collection and Use of Data 

​

11.1  The nature of the Online Courses provided by MC means that we will obtain, use and disclose (together "Use") certain information about Attendee ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Online Courses you agree to this Use. 

​

11.2  When Attendee registers with MC, you will need to provide certain Data such as your contact details and demographic information. MC will store this Data and use it to contact you, provide you with details of the Online Courses you have purchased and otherwise as required during the normal provision of the Online Course. 

​

11.3  MC uses information such as Attendee session identifiers and login information to enable us to identify whether you are using our services, to assist with the provision of services and to ensure that you have access to relevant products. MC will only read cookies from your cookie file placed there through your web browser's interaction with the Website. 

​

11.4  MC endeavors to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security. 

​

11.5  If you wish to change or update the data we hold about you, please e-mail us at: admin@marcottecoaching.com

​

12. Notices 

​

12.1  You can contact us by any of the following methods: 

​

Email: admin@marcottecoaching.com  

​

Telephone: 773.330.3283