top of page
IMG_20240206_202657 (1).png
  • Terms of Service Agreement
    PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/22/2023. ​ ACCEPTANCE OF TERMS The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Dr. Faith Global, LLC , also known as Dr. Faith, located at PO Box 381555, Duncanville, Texas 75138 and our subsidiaries and affiliates, in association with the use of the Dr. Faith website, which includes www.speakingbyfaith.com, (the "Site") and its Services, which shall be defined below. ​ DESCRIPTION OF WEBSITE SERVICES OFFERED The Site is a religious website coaching and public speaking which has the following description: This website is designed to give the visitor more information about me in the products that I offer. They can also schedule a consultation or also request me to speak at an engagement. They can also purchase my book online. Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. ​ The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Dr. Faith Global, LLC . At its discretion, Dr. Faith Global, LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Dr. Faith Global, LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Dr. Faith Global, LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith. Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Dr. Faith Global, LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings. ​ PRIVACY POLICY Every member's registration data and various other personal information are strictly protected by theDr. Faith Global, LLC Online Privacy Policy (see the full Privacy Policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Dr. Faith Global, LLC and/or our subsidiaries and affiliates. ​ CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you: a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country; c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws. ​ CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES Dr. Faith Global, LLC shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Dr. Faith Global, LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable: a) The content submitted or made available for inclusion on the publicly accessible areas of Dr. Faith Global, LLC 's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Dr. Faith Global, LLC 's sites, and shall terminate at such time when you elect to discontinue your membership. b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Dr. Faith Global, LLC 's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Dr. Faith Global, LLC 's sites and shall terminate at such time when you elect to discontinue your membership. c) For any other content submitted or made available for inclusion on the publicly accessible areas of Dr. Faith Global, LLC 's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. Those areas which may be deemed "publicly accessible" areas of Dr. Faith Global, LLC 's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users. ​ CONTRIBUTIONS TO COMPANY WEBSITE Dr. Faith Global, LLC provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that: a) your contributions do not contain any type of confidential or proprietary information; b) Dr. Faith shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; c) Dr. Faith shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; d) the contributor's Contributions shall automatically become the sole property of Dr. Faith; and e) Dr. Faith is under no obligation to either compensate or provide any form of reimbursement in any manner or nature. ​ INDEMNITY All users herein agree to insure and hold Dr. Faith Global, LLC , our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Dr. Faith Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person. ​ COMMERCIAL REUSE OF SERVICES The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Dr. Faith's sites. MODIFICATIONS Dr. Faith Global, LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. ​ ADVERTISERS Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Dr. Faith Global, LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website. ​ LINKS Either Dr. Faith Global, LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Dr. Faith Global, LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource. ​ PROPRIETARY RIGHTS You do hereby acknowledge and agree that Dr. Faith Global, LLC 's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Dr. Faith Global, LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Dr. Faith Global, LLC Services (e.g. Content or Software), in whole or part. Dr. Faith Global, LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Dr. Faith Global, LLC for use in accessing our Services. ​ WARRANTY DISCLAIMERS YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF DR. FAITH GLOBAL, LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. DR. FAITH GLOBAL, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) DR. FAITH GLOBAL, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) DR. FAITH GLOBAL, LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) DR. FAITH GLOBAL, LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE DR. FAITH GLOBAL, LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF DR. FAITH GLOBAL, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM DR. FAITH GLOBAL, LLCOR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. ​ ​ LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DR. FAITH GLOBAL, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. ​ RELEASE In the event you have a dispute, you agree to release Dr. Faith Global, LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute. SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. Dr. Faith Global, LLC 's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Dr. Faith Global, LLC and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information. ​ EXCLUSION AND LIMITATIONS THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIRD PARTY BENEFICIARIES You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no thirdparty beneficiaries to this agreement. NOTICE Dr. Faith Global, LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner. TRADEMARK INFORMATION You herein acknowledge, understand and agree that all of the Dr. Faith Global, LLC trademarks, copyright, trade name, service marks, and other Dr. Faith Global, LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Dr. Faith Global, LLC . You herein agree not to display and/or use in any manner the Dr. Faith Global, LLC logo or marks without obtaining Dr. Faith Global, LLC 's prior written consent. ​ ​ COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES Dr. Faith Global, LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Dr. Faith Global, LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information: a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon; c) A description of the location of the site which you allege has been infringing upon your work; d) Your physical address, telephone number, and email address; e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf. ​ The Dr. Faith Global, LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Mailing Address: Dr. Faith Global, LLC Attn: Copyright Agent PO Box 381555 Duncanville, Texas 75138 Telephone: 800-409-0974 ext 800 Email: Dr@speakingbyfaiththecoach.com ​ CLOSED CAPTIONING BE IT KNOWN, that Dr. Faith Global, LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.speakingbyfaith.com. GENERAL INFORMATION ENTIRE AGREEMENT This TOS constitutes the entire agreement between you and Dr. Faith Global, LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Dr. Faith Global, LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Dr. Faith Global, LLC Services, affiliate Services, third-party content or third-party software. CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and Dr. Faith Global, LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that any andall claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Dr. Faith Global, LLC , shall be filed within the courts having jurisdiction within the County of Dallas , Texas or the U.S. District Court located in said state. You and Dr. Faith Global, LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. WAIVER AND SEVERABILITY OF TERMS At any time, should Dr. Faith Global, LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. STATUTE OF LIMITATIONS You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 4 year(s) after said claim or cause of action arose or shall be forever barred. VIOLATIONS Please report any and all violations of this TOS to Dr. Faith Global, LLC as follows: Mailing Address: Dr. Faith Global, LLC PO Box 381555 Duncanville, Texas 75138 Telephone: 800-409-0974 ext 800 Email: Dr@speakingbyfaiththecoach.com ​
  • Updated - January 22, 2023
    Dr. Faith Global, LLC ( Dr. Faith ) values its users' privacy. This Privacy Policy ("Policy") will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to assure those affiliated with Dr. Faith Global, LLC of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards. We reserve the right to make changes to this Policy at any given time. If you have not registered with us and want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If you are a registered user, we will notify you via email of any changes or updates made to this Policy. If at any point in time Dr. Faith Global, LLC decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner. This Policy applies to Dr. Faith Global, LLC , and it governs any and all data collection and usage by us. Through the use of www.speakingbyfaith.com, you are therefore consenting to the data collection procedures expressed in this Policy. Please note that this Policy does not govern the collection and use of information by companies that Dr. Faith Global, LLC does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and conditions of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected. Specifically, this Policy will inform you of the following 1. What personally identifiable information is collected from you through our website; 2. Why we collect personally identifiable information and the legal basis for such collection; 3. How we use the collected information and with whom it may be shared; 4. What choices are available to you regarding the use of your data; and 5. The security procedures in place to protect the misuse of your information. Information We Collect It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as: ● Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc. which may be used when you purchase products and/or services and to deliver the services you have requested. ● Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs. In addition, Dr. Faith Global, LLC may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service. Dr. Faith Global, LLC may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public. Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for in this Policy. Why We Collect Information and For How Long We are collecting your data for several reasons: ​ ● To better understand your needs and provide you with the services you have requested; ● To fulfill our legitimate interest in improving our services and products; ● To send you promotional emails containing information we think you may like when we have your consent to do so; ● To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so; ● To customize our website according to your online behavior and personal preferences. The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy. Use of Information Collected Dr. Faith Global, LLC does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties. Dr. Faith Global, LLC may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.speakingbyfaith.com Dr. Faith Global, LLC may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current, potential, or future services that may be offered. Dr. Faith Global, LLC uses various third-party social media features including but not limited to Instagram, Facebook, LinkedIn and other interactive programs. These may collect your IP address and require cookies to work properly.These services are governed by the privacy policies of the providers and are not within Dr. Faith Global, LLC 's control. Disclosure of Information Dr. Faith Global, LLC may not use or disclose the information provided by you except under the following circumstances: ● as necessary to provide services or products you have ordered; ● in other ways described in this Policy or to which you have otherwise consented; ● in the aggregate with other information in such a way so that your identity cannot reasonably be determined; ● as required by law, or in response to a subpoena or search warrant; ● to outside auditors who have agreed to keep the information confidential; ● as necessary to enforce the Terms of Service on our website; ● as necessary to maintain, safeguard and preserve all the rights and property of Dr. Faith Global, LLC . Non-Marketing Purposes Dr. Faith Global, LLC greatly respects your privacy. We do maintain and reserve the right to contact you if needed for nonmarketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Dr. Faith Global, LLC products and services, or changes to this Policy). In certain circumstances, we may use our website, newspapers, or other public means to post a notice. Children under the age of 13 Dr. Faith Global, LLC 's website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website. Unsubscribe or Opt-Out All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to Dr@speakingbyfaiththecoach.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Dr. Faith Global, LLC will continue to adhere to this Policy with respect to any personal information previously collected. Links to Other Websites Our website does contain links to affiliate and other websites. Dr. Faith Global, LLC does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information. This Policy applies only and solely to the information collected by our website. Notice to European Union Users Dr. Faith Global, LLC 's operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy. Security Dr. Faith Global, LLC takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the webpage. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control. The Company also uses Secure Socket Layer (SSL) for authentication and private communications to build users' trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information. ​ ​ Acceptance of Terms By using this website, you are hereby accepting the terms and conditions stipulated within this Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following proper notification or the posting of any updates or changes to our terms and conditions, shall mean that you agree and accept such changes. How to Contact Us If you have any questions or concerns regarding this Privacy Policy as it relates to our website, please feel free to contact us at the following email, telephone number or mailing address: Email: Dr@speakingbyfaiththecoach.com Telephone Number: 800-409-0974 ext 800 Mailing Address: Dr. Faith Global, LLC PO Box 381555 Duncanville, Texas 75138
  • Dr. Faith Global, LLC/Dr. Faith Academy 15-day Action based Refund/Cancellation Policies
    All sales made after January 1, 2023, are subject to each product’s or service’s specific cancellation and refund policy, as stated herein: Dr. Faith Global, LLC/ Dr. Faith Academy is an Action-Based Refund Policy. (Please Note: Once the Live sessions with Dr. Faith begin, there is NO REFUND.) To Get a Refund for the Online Digital Elevation N.O.W. Life Transformation Course, You MUST First: a. Fully Watch, Implement and 100% complete (15 modules) 70+ separate videos and complete the strategy items within 15 days of your purchase date. (Marking videos complete does not qualify as a watched video) b. Attend A Live-Coaching Session with Dr. Faith within 15 days of your purchase and provide proof that you have completed the entire course, read the required reading material, and took notes as suggested in the Introduction video c. If section a. and b. have been completed, Refund Requests MUST be submitted in writing within 15 days of your original purchase date.  d. Dr. Faith Global, LLC/Dr. Faith Academy is not responsible or required to extend your refund window if you input an incorrect email address. It is your responsibility to double check that all your information is correct prior to submission of your original purchase. 2. Ebooks, Live Sessions with Dr. Faith, Registration for Conferences/Retreats- Cancellation and Refund Policy - NO REFUNDS Terms continued: We will not provide refunds more than 15 days following the date of purchase. After day 15, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program. Please note: If you opted for a payment plan and you do not request a refund within 15 days, with the required action-based items at the time of your refund request, you are required by law to complete the remaining payments of your payment plan. All refunds are discretionary as determined by Dr. Faith Global, LLC/Dr. Faith Academy. To further clarify, we will not provide refunds after the 15th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 10.5% per month or the highest rate allowed by law, whichever is greater. RECAP: Our refund policy is clear and to the point. If you go through the lessons in the Elevation N.O.W. Life Transformation Course, do the work, and follow the methods . . . they will work. If they don't, we will refund 100% of your money. Just request this within 15 days of purchasing the course and do the action items within 15 days of your original purchase. You WILL have to show us that you did the work to get the refund. Our refund policy is not for people trying to get the course for free. To be even more clear, here are some examples of what is not covered under the refund policy . . . "I decided to change directions" or "I haven't had time to go through the course". We are trying to be very upfront with you. Please don't buy this course if you aren't serious or "just want to check it out".  Invest in Elevation N.O.W. Life Transformation Course only if you are ready to take massive action and change your life! Customers ineligible for a refund may be granted a partial refund at our sole discretion. We are not liable for any refund amount due to technical problems on your computer, including but not limited to: printer malfunction, inability to install Adobe Acrobat Reader, and/or problems due to Internet connectivity.   Modification or Suspension of the Website You agree that Company, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily, or permanently, without notice to you, and you agree that we will not be liable for the consequences of doing so. Content Disclaimer THE COMPANY AND ITS OWNERS, PRINCIPALS, REPRESENTATIVES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, PRODUCTS, SERVICES, OR MATERIALs ON THE WEBSITE. WHILE THE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE AND ON THE FEATURED PRODUCTS AND SERVICES ACCURATE, COMPLETE, AND UP TO DATE, WE CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE AND IN PRODUCTS AND SERVICES FEATURED ON THE WEBSITE.  YOUR USE OF THE WEBSITE IS SUBJECT TO ANY ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE AND WITH PRODUCTS AND SERVICES FEATURED BY US. Disclaimer of Warranties With Respect to Use of Website and Products and Services THE WEBSITE AND ALL PRODUCTS AND SERVICES FEATURED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WHILE THE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE WEBSITE, THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES FEATURED THEREON, OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Limitations of Liability and Damages YOU AGREE THAT COMPANY’S LEGAL LIABILITY, INCLUDING THE LIABILITY OF ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, FOR ANY CLAIM MADE BY YOU ARISING OUT OF YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES OFFERED THEREON SHALL BE LIMITED TO THE AMOUNT YOU PAID TO COMPANY, EXCEPT AS PROVIDED IN THE ARBITRATION AGREEMENT BELOW. UNDER NO CIRCUMSTANCES WILL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BE AWARDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY TO YOU. EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE §§ 6400, et seq., IF APPLICABLE.   Compliance With Laws You agree to comply with all applicable federal, state and local laws, regulations, rules and ordinances regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission. Indemnity You agree to defend, indemnify and hold Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our Products and Services, your violation of the Terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations herein.   YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND HAS PROVIDED ACCESS TO THE WEBSITE IN RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS, AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH COMPANY PROVIDES ITS WEBSITE AND OFFERS ITS PRODUCTS AND SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.  Links to Third Party Sites The Website may link to other websites that are independent of Company. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with such third-party website(s). ​ Electronic Signatures and Agreements You acknowledge and agree that by clicking on the button labeled, for example, "YES! I AM READY TO ELEVATE MY LIFE”, “HERE”, “PURCHASE”. “SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by the Company to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Ownership of Content Company owns and operates this Website. Company or third parties own all right, title and interest in and to the materials provided on this Website , including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the "Materials"). Except as otherwise expressly provided by us, you may not copy, republish, reproduce, upload, download, display, post, distribute, or transmit the Materials in any way. Nothing on this Website confers any license, express or implied, of Company’s intellectual property rights. Any rights not expressly granted to you by these Terms are reserved by us. All Website design, text, graphics, and the selection and arrangement thereof, are owned by Company. Copyright © 2023 Dr. Faith Global, LLC/Dr. Faith Academy ALL RIGHTS RESERVED.   Enforcement of Rules and Policies   We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings or suspension or termination of your rights to use our Website. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties. In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.   You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third-party advertisers on the Website.   Governing Law  The Terms and the relationship between you and Company shall be governed by the laws of the State of Texas without regard to any conflicts of laws principles.  Dispute Resolution by Binding Arbitration PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Summary:  Most or your concerns can be resolved quickly to your satisfaction sending an email to dr@speakingbyfaiththecoach.com , reviewing our frequently asked questions or by calling 1-800-409-0974 ext. 800 or texting your concern to 469-490-1157. In the unlikely event that Customer Service cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. The American Arbitration Association (AAA) will serve as the arbitration provider. We agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective or class actions or arbitrations are not permitted. As explained below, if you prevail in arbitration, Company may pay you more than the amount of the arbitrator's award and will pay your actual, reasonable attorney's fees if you are awarded an amount greater than what Company offered you to settle the dispute before arbitration.  You may speak with your own lawyer before using this Website or purchasing any product or service, but your use of this Website and the purchase of any product or service constitutes your agreement to these Terms.   Arbitration Agreement:  a. Company and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:  1). claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory; 2). claims that arose before these or any prior Terms became effective; 3). claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and 4). claims that may arise after the termination of these Terms. For the purposes of this Arbitration Agreement, references to "Company," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Website and our products and services under these Terms or any prior agreements between us.  This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE OR CLASS ACTION OR ARBITRATION.  You acknowledge that use of this Website and/or purchase of products or services constitutes a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.  b. A party seeking arbitration under these Terms must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Company should be addressed to: [addressee and address, Attn: Notice of Dispute (the "Notice Address"). Company may send a written Notice to the electronic mail address that you provided when you created an account, if any. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we is entitled.  You may download or copy a form to initiate arbitration from the American Arbitration Association (“AAA”) website at: http://www.adr.org c. After Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your total claim is for more than $75,000. If your total claim exceeds $75,000, the payment of all arbitration fees will be governed by the AAA rules. The filing fee for consumer-initiated arbitrations is currently $200, but this is subject to change by AAA, the arbitration provider. If you are unable to pay this fee and your total claim is for $75,000 or less, Company will pay the filing fee directly after receiving a written request at the Notice Address. Except as otherwise provided herein, Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with these Terms. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse the AIC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.   d. All arbitration proceedings will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA (collectively, the "AAA Rules"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA on 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide.  e. Unless Company and you agree otherwise, any arbitration hearings will take place in the county or parish of the contact address you submitted to us. If your total claim is $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephone hearing, or by an in-person hearing governed by the AAA Rules. If you choose to proceed either by telephone or in person, we may choose to respond only by written or telephonic response. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a telephone or in-person hearing. The parties agree that in any arbitration under these Terms, neither party will rely on any award or finding of fact or conclusion of law made in any other arbitration to which Company was a party. In all cases, the arbitrator shall issue a reasoned, written decision sufficient to explain the findings of fact and conclusions of law on which the award is based.  f. If the arbitrator finds in your favor in any respect on the merits of your claim, and the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected, then Company will pay you either the amount of the award or $2,000 ("the Alternative Payment), whichever is greater, plus the actual amount of reasonable attorney's fees and expenses that you incurred in investigating, preparing, and pursuing your claim in arbitration (the "Attorney's Payment"). If we did not make you a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the Alternative Payment and the Attorney's Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney's Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Company’s last written settlement offer, the arbitrator shall consider only the actual attorney’s fees or expenses reasonably incurred before Company’s settlement offer.   g. The right to attorney's fees and expenses discussed in paragraph (f) supplements any right to attorney's fees and expenses you may have under applicable law. If you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Company may have a right to an award of attorney's fees and expenses from you if it prevails in an arbitration, we will not seek such an award.   h. The arbitrator may award monetary and injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, group or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims remain subject to this Arbitration Agreement. i. If the total amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA. j. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any material change to this arbitration provision (other than a change to any notice address, website link or telephone number), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.  
bottom of page