Terms and Conditions
THE SPLIT SOCIETY | TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING INFORMATION RECEIVED FROM THE PRIVATE FACEBOOK GROUP: THE SPLIT SOCIETY WITH TRACY CALLAHAN INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS AND PROGRAMS ASSOCIATED WITH THE GROUP. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:
● YOU HAVE READ THIS AGREEMENT,
● YOU UNDERSTAND IT, AND
● THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement (“Agreement”) is a legal contract between The Split Society/Mediating Matters LLC located at 841 Oceanside Drive, Juno Beach, FL 33408 (“The Split Society”), and defined hereafter as “YOU.”
WHEREAS, The Split Society is engaged in this business of divorce coaching services; and WHEREAS, YOU desire to engage The Split Society to provide coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation; NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1. Programs: Under the terms of this Agreement, The Split Society agrees to provide coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Progression between Programs will occur automatically, and Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.
1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the monthly The Split Society Facebook Group.
1.1.3. Termination: The Split Society may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity. Memberships, which provide you with access to The Split Society, are billed on a monthly basis, as specified at the time of purchase. Your subscription will continue unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement. If membership is canceled or terminated before the end of the applicable billing cycle, The Split Society will not reimburse the Member for the remainder of that paid month. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to avoid additional membership charges for the following month.
1.2. The Split Society Facebook Group Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay The Split Society the applicable Program Fee each month for access to and use of The Split Society with Tracy Callahan Facebook Group. YOU further agree that the credit card YOU provide will be charged each month automatically. Payment terms for The Split Society memberships are 14 days from the date of issue. Members will receive a notification when payment is past due. If payment is not received after 14 days in delinquency, members will be immediately removed from The Split Society Facebook group. The Split Society Facebook group fee strictly includes access for yourself, which is one (1) adult.
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by The Split Society, YOU affirmatively agree and acknowledge that The Split Society may at any time reproduce and/ or disseminate any testimonial(s) you voluntarily submit describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s).
1.4. No Refunds: The Split Society abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by The Split Society. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.
SECTION 2: NO WARRANTIES
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that The Split Society provides Program(s) related to divorce coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success.
2.2. Limited Liability: In no event will The Split Society be liable to YOU or any party related to you for any damages, whether under a theory of contract, warranty, tort (including negligence), consumer protection law, products liability, or otherwise, even if The Split Society has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.3. Coach is not a Therapist: YOU understand that coaching is designed to focus on taking the actions to help YOU accomplish the goals that The Split Society defines. YOU accept responsibility for YOUR own mental health throughout the process.
2.4. Coach is not an Attorney: YOU understand that a coach is not an attorney and cannot advise YOU on what YOUR rights are or what issues are involved in YOUR case. YOU accept the responsibility to consult with an attorney regarding any legal matters throughout the process.
2.5. Coach is not a CPA or Licensed Financial Advisor: YOU understand that a coach is not YOUR CPA or licensed financial advisor and cannot advise YOU on financial issues and/or tax matters in YOUR case. YOU accept responsibility regarding any financial/tax matters throughout the process.
SECTION 3: Confidentiality
3.1.1. Confidentiality-Material: Only authorized users, who have duly obtained access to any Programs offered by The Split Society by personally agreeing to the terms of this Agreement are permitted to use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, Discussion, or any login member credentials to any third party, or use the Documentation, Video, Audio, Discussion, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.1.2. Confidentiality-Law: The information exchanged within The Split Society Facebook Group between The Split Society and YOU is confidential except where a client is knowingly committing a crime, doing something illegal, or endangering their life or the safety and life of a child. Or except as required by law.
3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System are the sole Intellectual Property of The Split Society and Tracy Callahan under United States copyright, trademark, and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and The Split Society, The Split Society and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein for the sole purpose of your divorce and/or counseling services specified in this agreement, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of The Split Society, whether by implication, estoppel, or otherwise. Furthermore, you are not permitted to disclose, share, or disseminate these confidential business and/or proprietary materials to the public, on the internet, through any social media platforms, and/or to any third persons without the written consent of The Split Society and/or its owner(s). Any and all trademarks or service marks that The Split Society and Tracy Callahan use in connection with services rendered by The Split Society are marks owned by The Split Society and Tracy Callahan. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks. Any such disclosure by YOU will result in the immediate cancellation of this Agreement and may subject YOU to legal action for all appropriate damages, injunctive relief, and attorney’s fees.
SECTION 4: Miscellaneous
4.1. Non-transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold The Split Society and Tracy Callahan, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and The Split Society concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with The Split Society relating to the Program, whether oral or written.
4.4. Amendment: The Split Society reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.mediating-matters.com.
4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the Commonwealth of Florida. The venue for any dispute arising under this Agreement shall be in the Court of Common Pleas, Palm Beach County, Florida.
4.6. Private Messages: The Split Society has established a Facebook group discussion board that permits members to communicate with Tracy Callahan regarding divorce advice. This is a monthly paid subscription service. Unfortunately, due to the potential for high volume, The Split Society cannot accept or respond to private messages to Tracy Callahan, instant messages, or the asking of offline questions regarding divorce counseling or the divorce process. As such responses to questions will be limited to those inquiries made on The Split Society’s group discussion board ONLY.
But the alternative, The Split Society and /or Tracy Callahan does offer to members other and more personalized divorce guidance, which would require additional fees. Please contact The split Society regarding these services.
SECTION 5: Add-On Services
5.1. Deciding to Divorce One-on-One Private Session: This is a one-time offer for The Split Society members only. The cost of The Split Society Deciding To Divorce One-on-One Private Session shall be a flat fee. Pricing details will be outlined via a post on the group discussion board. Prices are subject to change. Tracy Callahan will waive her private client consultation fee for this exclusive offer for The Split Society members only. The Split Society Private One-on-One Session with Tracy Callahan will take place via Zoom Video conference call and Tracy Callahan will provide feedback during the call. Each session will run for 45 minutes. All sessions will be recorded and shared with the session participant. The Split Society will do its best to accommodate the schedule preferences of each member.
5.2. Custody Agreement/Parenting Plan Review: This is a one-time offer for The Split Society members only. The cost of The Split Society Custody Agreement/Parenting Plan Review shall be a flat fee. Pricing details will be outlined via a post on the group discussion board. Prices are subject to change. Tracy Callahan will waive her private client consultation fee for this exclusive offer for The Split Society members only.
5.3. Additional Document Review: This is an offer for The Split Society members only. The cost of The Split Society Document Review shall be a flat fee. Pricing details will be outlined via a post on the group discussion board. Prices are subject to change. Tracy Callahan will waive her private client consultation fee for this exclusive offer for The Split Society members only. Tracy Callahan will provide feedback in a timely manner based upon volume received for that week and The Split Society will email you back privately. In order for the Document Review to take place, all required details must be submitted by The Split Society member. The Split Society will determine what details are required.
5.4. The Split Society Private Session with Tracy Callahan: This is an offer for The Split Society members only. The cost of The Split Society Private Session with Tracy Callahan shall be a flat fee. Pricing details will be outlined via a post on the group discussion board. Prices are subject to change. Tracy Callahan will waive her private client consultation fee for this exclusive offer forThe Split Society members only. Submission deadlines, if any, will be posted on the group discussion board. Tracy Callahan will not accept submissions after the deadlines. Tracy Callahan will speak with YOU only. The Split Society Private Session with Tracy Callahan will take place via Zoom Video conference call. Each session will run for 45 minutes. All sessions will be recorded and shared with the session participant. The Split Society will do its best to accommodate the schedule preferences of each member, but there are no guarantees. In order for The Split Society Private Session with Tracy Callahan to take place, all required details must be submitted by The Split Society member. The Split Society will determine what details are required.
5.5. Any additional services regarding add-on services will be deemed private client work and billed accordingly.
BY ACCEPTING THE ABOVE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, CONFIDENTIALITY AND LIABILITY.