The Empower Ring^TM – Terms & Conditions

 

Last Updated: December 2023

Please READ these Terms and Conditions (“Terms,”) carefully. This Agreement is a legal contract between you and Pink Executives LLC, who enters into this Agreement on behalf of itself and its affiliates (“Pink Executives,” “Company,” “we,” or “us”).

By purchasing The Empower Ring^TM 12-months group coaching program (“Program”), accessing or using any Program content, information, services, features, products, or resources available or enabled via the Pink Executives website, including the members-only area, (“Website”), through a third-party online platform, or enabled via a third-party App (collectively with Program, the “Services”), clicking on a button or taking any other action to signify your acceptance of the Terms, or completing our account registration process, you agree that: (1) you have read, understand and agree to be bound by the Terms; (2) you are of legal age in your jurisdiction of residence to form a binding contract with Company; and (3)  you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services and to bind that entity (and any users) to this Agreement. The terms “you” and “Client” refer to the individual or legal entity, as applicable, identified as the end user when you registered through the Website. Except as otherwise provided herein, if you do not agree to be bound by the Terms, you may not access or use any of the Services.

For the purpose of this Agreement, Pink Executives and you separately are sometimes referred to as “Party”.  Pink Executives and you together are sometimes referred to as “Parties”.

Your use of the Services is also subject to our Terms of Services Agreement, and any additional terms, conditions, disclaimers, and policies that we separately post on the Website and any agreements that you have separately executed with Pink Executives (“Additional Terms”) which are incorporated by reference into the Terms. To the extent there is any conflict between the Terms and the Additional Terms, the Terms will control with respect to the subject matter of such agreement.

Your use of Coaching Services is further subject to the Coaching Agreement, which is incorporated herein by this reference. To the extent there is any conflict between the Terms and the Coaching Agreement, the Terms will control with respect to the subject matter of such agreement.

Your membership in the Community is further subject to the Community Rules, which are incorporated herein by this reference. To the extent there is any conflict between the Terms and the Community Rules, the Terms will control with respect to the subject matter of such agreement.

The Terms, the Terms of Services Agreement, the Coaching Agreement, the Community Rules, and any applicable Additional Terms, together are referred to herein as the “Agreement.”

Your use of the Program is also subject to our Privacy Policy, which covers how we collect, use, share and store your personal information.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND PINK EXECUTIVES AGREE THAT: (1) DISPUTES BETWEEN THE PARTIES WILL BE RESOLVED BY MANDATORY BINDING AND FINAL ARBITRATION; (2) PARTIES PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST THE RESPECTIVE OTHER PARTY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; (3) PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING; AND (4) PARTIES WAIVE ANY RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

Please note that the Agreement is subject to change by Pink Executives in its sole discretion at any time. When changes are made, Company will make a new copy of the Terms available on the Website. If we make material changes to the Terms, we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email if you have an Account (as defined in Section 6) or another manner through the Services (which may include posting an announcement on our Website) at least thirty (30) days before the date they become effective and you will be asked to explicitly accept the revised Terms, Terms of Services Agreement, or relevant Additional Terms. If you do not agree to any change(s) after receiving a notice of such material change(s), you shall stop using the Services. In case of (i) non-material changes to the Terms which do not affect its essential provisions or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Services constitutes your acceptance of such change(s). It is your responsibility to check the Website regularly to view the then current Terms.

1. PROGRAM. You understand and agree that by clicking the “Purchase,” “Join,” “Buy,” or “Buy Now” button you purchase the The Empower Ring^TM 12-months online group coaching program. As part of the Program, Pink Executives agrees to provide online group coaching and online course content for personal and professional development. Pink Executives also agrees to provide access to an online community platform that you may utilize for networking with other Community members. 

Please read this Section carefully as it outlines everything included in the Program. You understand that additional information, products, or services you may have wanted or expected but are/is not listed as part of Program in this Section, are/is not included in Program. Pink Executives is under no obligation to provide anything other than what is listed in this Section.

By completing the online purchase, you confirm that you have reviewed Section 1 in its entirety (including all sub-sections), have completed any and all appropriate additional research, and have asked any and all necessary questions of Company to feel appropriately educated of the Program being offered and to understand what is included in the Program and what is not included.

1.1. Community. The Program includes an opportunity for you to become a member in The Empower Ring^TMonline Community (“Community”). You understand and agree that the Community is intended to facilitate connection and collaboration between you and other members of the Community.

Your use of the Community is subject to the Community Rules. By purchasing the Program, you agree that you have read, understand, and agree to the Community Rules, which are incorporated by reference into the Terms..

You agree that Pink Executives has no responsibility or liability to you related to any community experience other than as expressly set forth in the agreement. Users accept community services at a user’s own risk.

1.2. Training. The Program includes an opportunity for you to participate in monthly live or recorded online training (“Training”). Such training may, at Pink Executives’ discretion, be provided by a Pink Executives employee or by one or more external speakers.

You agree that Pink Executives has no responsibility or liability to you related to any training and/or learning experience other than as expressly set forth in the Agreement, and users attend and participate in Training at a user’s own risk.

Please note that, where Training is provided by an external speaker, such Training is provided by the external speaker and not by Pink Executives.

External speakers are not employees, partners, representatives, agents, or joint venturers of Pink Executives. Pink Executives does not perform Training provided by external speakers and you hereby acknowledge that Company does not supervise, direct, control or accept any responsibility for such Training but may monitor and facilitate Training through the Website or third-party applications.

1.3. Group Coaching. Program includes an opportunity for you to participate in twice-monthly online Group Coaching calls (“Group Coaching”). Group Coaching may, at Pink Executives’ discretion, be provided by a Pink Executives employee, or by independent professional coaches.

Your participation in Group Coaching is subject to the Coaching Agreement. By purchasing the Program, you agree that you have read, understand, and agree to the Coaching Agreement, which is incorporated by reference into the Terms.

You agree that Pink Executives has no responsibility or liability to you related to any coaching experience other than as expressly set forth in the Agreement, and users attend and participate in Coaching Services at a user’s own risk.

Please note that, where Coaching Services are provided by an independent professional coach, the Services are intended to be used to facilitate the connection of users and the independent professional coach through the Website or an online platform, but such Coaching Service is provided by the independent professional coach and not by Pink Executives.

Independent professional coaches are not employees, partners, representatives, agents, or joint venturers of Pink Executives. Pink Executives does not perform Coaching Services provided by independent professional coaches and you hereby acknowledge that Company does not supervise, direct, control or accept any responsibility for such Coaching Services but may monitor and facilitate Coaching Services through the Website or Services.

1.4. Bonuses. Program includes the bonuses explicitly listed on the offer page and on the checkout page. From time to time, Pink Executives may offer additional Bonuses to Program members for no additional cost. You agree that this does not, at any time, establish an obligation of Pink Executives, to provide additional Bonuses.

To the extent one-on-one coaching and/or strategy sessions are included in Bonuses, you agree that your use of such coaching services is subject to the Coaching Agreement. By purchasing the Program, you agree that you have read, understand, and agree to the Coaching Agreement, which is incorporated by reference into the Terms.

1.5. Disclaimer. You understand that products developed by Pink Executives are for strictly educational purposes only. You further understand that Pink Executives is not an accredited educational institution, marketplace, or SAAS company.

You acknowledge that what is shared by Pink Executives, its employees, officers, directors, employees, partners, contractors, coaches, trainers, speakers, etc. in any of our Services is not, nor can be seen as, giving advice.

You further understand that Pink Executives, its employees, officers, directors, employees, partners, contractors, and agents, are not any of the following: a physician, dietician, nutritionist, counselor, psychologist, psychiatrist, psychotherapist, medical professional of any kind, doctor, lawyer, accountant, tax professional, financial advisor, career consultant, psychic, or similar professional.

You acknowledge that our Services do not involve the diagnosis or treatment of any disease, illness, ailment, or any mental disorders as defined by the American Psychiatric Association and that Services are not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, financial, tax, career, medical, or other qualified professionals and that it is your exclusive responsibility to seek such independent professional guidance as needed and at your own expense. If you are currently under the care of a mental health professional, it is recommended that you promptly inform the mental health care provider of the nature and extent of the Services you intend to purchase or purchased.

1.6. Program Add-Ons. From time to time, Pink Executives may offer Program Add-Ons in connection with the Services. Additional terms may be provided in connection with participation in the Program Add-Ons. Please contact [email protected] if you have any questions regarding any purchase of, or participation in, any Program Add-Ons.

1.7. Access to Program. You will have access to the Program for as long as you are a member in good standing and your payments are current and you have an active account.

Unlimited Access to Training. Unlimited access is defined as the ability to access training content for as long as the Program is available online. To the extent Program offers unlimited access to Training, this only includes material, if any, provided for and recordings of Training provided during the time of your active membership. Training offered prior to the start of your active membership and Training offered after your active membership ended are not included.

No Unlimited Access to Group Coaching and Community. To promote confidentiality, the program does not include unlimited access to the Community, to Group Coaching and to recordings of online Coaching calls. You will lose access to the Community, to Group Coaching, and to all Coaching call recordings at the time your membership ends. To the extent that Coaching calls are recorded, such Coaching call recordings will be available to the respective members during their membership and for a limited time only (maximum. 90 days).

No Unlimited Access to Individual Coaching and Strategy Sessions. To the extent Individual Coaching and/or Strategy Sessions were offered as Bonuses, you forfeit all unused sessions at the earlier event of (1) the day your membership ends or (2) the expiration date of such services as defined in the Program materials.

2. PAYMENT

2.1. Payment Terms. You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where applicable, you will be billed using the billing method you select at checkout and/or through your account management page.

You must provide Pink Executives with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not to the Terms to determine your rights and liabilities. By providing Pink Executives with your credit card number and associated payment information, you agree that Pink Executives is authorized to immediately invoice and charge your account for all fees and charges due and payable to Pink Executives hereunder and that no additional notice or consent is required.

You agree to immediately notify Pink Executives of any change in your billing address or the credit card used for payment hereunder (or any other related agreement). You are responsible for keeping your payment details up to date by changing the details in your account settings. When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent).  This enables us to provide you access to the Services.  You authorize us to continue to charge your credit card using the updated information.  If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your Services or Subscription until applicable changes have occurred. You also agree that we may charge you via your payment method on file if you elect to restart your Subscription.

2.2. Price Changes. Pink Executives reserves the right at any time to change its prices and billing methods, upon notice to you. For the Program, which is billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Company will provide you with advance notice of any change in fees and you will have the opportunity to cancel your Subscription as set forth in Section 2.5.

2.3. Pay in Full, Payment Plans. You may choose between paying the full amount upfront (“Pay in Full”) or paying in equal installments (“Payment Plan”).

We do not offer refunds. If you opted for a Payment Plan, you are required by law to complete your payment plan. You are responsible for the completion of all payment plans associated with the Services you purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

2.4. Subscription. Program is an annual membership program with a 12-months membership term (“Membership Term”). Program is billed on a subscription basis (“Subscription”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are annual if you Pay in Full or monthly if you chose a Payment Plan. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing cycle. 

Your annual membership and Subscription will automatically renew at the end of the 12-months Membership Term unless you cancel your membership at least 24 hours prior to the end of your 12-months Membership Term in accordance with Section 2.5.

If you initially sign up for a plan that includes a free or discounted trial period, and you do not cancel that account before the stated trial period expires, you will be automatically billed for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.

2.5. Cancellation. If you wish to cancel your membership, you must do so more than 24 hours before the next Membership Term begins. Any requests for cancelation made less than 24 hours before the automatic renewal, or made subsequent to the automatic renewal, will take effect the following year.

HOW TO CANCEL: To cancel a membership, you must send an email to [email protected] with the subject line MEMBERSHIP CANCELATION and the email must include your name, the email address used to purchase the Program, and clear confirmation of request to terminate your membership. You will be notified upon Pink Executives’ receipt of your email, and your membership will subsequently be canceled with effect of the last day of your current Membership Term, assuming your email is received by Pink Executives more than 24 hours prior to that day.

While we will never want to lose a customer, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of the current 12-months Membership Term before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

If you opted for a Payment Plan, you are required by law to complete your payment plan even after you canceled auto-renewal. You are responsible for the completion of all payment plans associated with the Services you purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

2.6. Refund Policy for Services. We do NOT offer refunds. All fees, charges, and payments for Services are final and non-refundable, and Pink Executives will not issue any refunds.

2.6.1. 365-Day Conditional Guarantee. We do NOT offer refunds. We offer a 365-day Conditional Guarantee. To request consideration for the Guarantee, you are required to attend all training sessions (or watch the replays), actively participate in the private community group at least once a week, attend and actively participate in at least 85% of all group coaching calls per year, create and follow through on action steps, complete all assignments and check-ins, and submit a detailed Debrief from any of the strategies taught in The Empower Ring in writing, and submit your 365-day request including the Debrief within 365 days from purchasing the Program via email to [email protected]. The 365-day request must be explicitly and definitely stated within the email and the subject line of the email.

2.6.2. Please Note: All returns and refunds are discretionary as determined by Pink Executives. If you downloaded our Material (PDFs, audios, videos, additional workbooks, and/or etc.) and then promptly asked for a refund, we reserve the right to deny your request. Where we offer a conditional guarantee we do so solely to give you the opportunity to try the system, not to enable you to steal our Material. If you have questions, you may contact us at [email protected].

2.6.3. Explicit Request Required. To request a refund of any kind, you must contact Pink Executives via email at [email protected] and definitely and explicitly request the refund within the email. The subject line of the email must clearly state REFUND REQUEST.

2.6.4. Cancellation Fee. Should Pink Executives upon consideration of your 365-Day Conditional Guarantee request decide to grant a refund of any kind, your refund will be processed thirty (30) days after Pink Executives’ decision to grant the refund was made and in the same manner in which payment was made, less a $300 cancellation fee.

2.7. Third Party Payment Processor. Pink Executives uses Stripe, Inc. (“Stripe”) as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). Stripe’s Privacy Policy is available at Stripe Privacy Policy and, if you make purchases through the Services, Stripe’s Seller Terms are available at Stripe Terms. 

3. ELIGIBILITY REQUIREMENTS. In order to access the Services, you must: (a) be at least eighteen (18) years old; (b) of legal age to form a binding contract or that you have reviewed the Agreement with your parent or legal guardian and he/she/they agree(s) to the Agreement on your behalf; and (c) not a person barred from using Services under the laws of the United States, your place of residence or any other applicable jurisdiction. By using the Services, you agree that you meet all the eligibility requirements set forth in this Section and the Agreement. We may still refuse to let certain people access or use the Services, and we may change our eligibility criteria at any time, in our sole discretion.

4. CLIENT RESPONSIBILITY.

4.1. You understand, accept, and agree that you are 100% responsible for your progress and your results from any and all parts of the Program.

4.2. You understand that products developed by Pink Executives are for strictly educational purposes only. You further understand that Pink Executives is not an accredited educational institution, marketplace, or SAAS company.

4.3. Pink Executives makes no representations, warranties, or guarantees verbally or in writing. You understand that because of the nature of Program and the various elements of the program, the results experienced by each participant may significantly vary. Any information provided in and throughout the Program by Pink Executives and/or any of Pink Executives’ independent contractors is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Pink Executives assumes no responsibility for errors or omissions that may appear in any Program materials.

4.4. You acknowledge that what is shared by Pink Executives, its employees, officers, directors, employees, partners, contractors, coaches, trainers, speakers, etc. in any of our Services is not, nor can be seen as, giving advice.

4.5. You further understand that Pink Executives, its employees, officers, directors, employees, partners, contractors, and agents, are not any of the following: a physician, dietician, nutritionist, counselor, psychologist, psychiatrist, psychotherapist, medical professional of any kind, doctor, lawyer, accountant, tax professional, financial advisor, career consultant, psychic, or similar professional.

4.6. You acknowledge that our Services do not involve the diagnosis or treatment of any disease, illness, ailment, or any mental disorders as defined by the American Psychiatric Association and that Services are not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, financial, tax, career, medical, or other qualified professionals and that it is your exclusive responsibility to seek such independent professional guidance as needed and at your own expense. If you are currently under the care of a mental health professional, it is recommended that you promptly inform the mental health care provider of the nature and extent of the Services you intend to purchase or purchased.

5. AUTHORIZATION AND RELEASE.

You understand that your participation in the Program (the “Participation”) may be recorded in audio, video, still image or other form, and you hereby grant to Pink Executives and its representatives, successors, assigns, employees, contractors, licensees, agents, legal representatives, and any person, corporation, or entity acting under their permission or authority or for whom they might be acting, including anyone distributing or disseminating advertising for the products and/or services of the company (collectively the foregoing are referred to as “Producers”): the right and permission to publish, reproduce, distribute, broadcast and/or otherwise use the Participation in such manner, in any medium now known or later developed, worldwide in perpetuity, for such purposes, in whole or in part, as they shall determine in their sole discretion without further compensation or consideration to you and without further authorization by you without any restriction as to changes or alterations (including, but not limited to, composite or distorted representations or derivative works of my Likeness made in any medium) in connection with the development of a coaching library or the promotion of the Company’s business, products, and/or services. You disclaim any interest in the Participation and further acknowledge that they shall constitute the sole property of the Company (or its successors or assigns as the case may be).

You also affirm that any statements or endorsement made by you in your Participation are factually accurate and represent your honest opinions, findings, beliefs, and/or experiences. You hereby waive all rights of ownership, inspection, or approval regarding any recording, taping, broadcast, reproduction, blurring, distortion, alteration, optical illusion, proposed printed, audio or video publication, and/or other use of the name(s) of Pink Executives, its board members, parents, subsidiaries, affiliates, officers, directors, employees, contractors, and agents and its licensors and suppliers (“Pink Executives Parties”), whether in an intermediary version(s) or finished version(s), Company and/or Personal Information, and the Participation. You also hereby release, discharge, and agree to hold harmless the Producers from and against any and all liability, including, without limitation, claims for invasion of privacy or publicity, defamation or copyright infringement, resulting from their use of Company and/or Personal Information, and the Participation. You agree that your use of the Service is voluntary, and you assume complete responsibility for your actions in connection therewith.

You hereby warrant that you are over eighteen years of age and competent to contract in Your own name. You agree that this release shall be binding on you, your legal representatives, your heirs, and your assigns.

6. REGISTRATION. When registering an account for the Services (“Account”) or applying for the Program, you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary to keep it current. You agree that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify Pink Executives immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account at any given time. Pink Executives reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and insure to the benefit of Pink Executives. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU.

7. OWNERSHIP OF AND LICENSE TO USE SERVICES.

7.1. Use of the Services. Pink Executives, its suppliers, and its service providers own all rights, title, and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to the Agreement, Pink Executives grants you a limited, non-transferable, single-user license to use the Services solely for your personal, non-commercial purposes. Pink Executives, its suppliers, and its service providers reserve all rights not granted in this Agreement.

7.2. Trademarks. Pink Executive’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Pink Executives and may not be used without permission, including but not limited to in connection with any third-party products or services. You are prohibited from using Pink Executives’ (or any affiliate’s) name and/or related graphics, logos, service marks and/or trade names (or their likeness) in any way that causes confusion and/or misrepresents your affiliation or authority as it relates to Pink Executives (or any Services). Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter, or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

8. USER CONTENT.

8.1. Responsible Party for Content. You acknowledge that all content is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that that User makes available through the Services (“User Content”). Pink Executives has no obligation to pre-screen any User Content. You use all User Content and interact with other Users at your own risk. Without limiting the foregoing, Pink Executives reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content. For example, Pink Executives shall have the right to remove any such Content that violates this Agreement or is otherwise objectionable. Any views and opinions expressed in User Content reflect the author's point of view and are not necessarily those of Pink Executives, its affiliated entities, or its employees, officers, directors, employees, partners, contractors, or agents.

8.2. Ownership of Your Content. Pink Executives does not claim ownership of any User Content you make available on the Services (“Your Content”). However, when you as a User post or publish Your Content on or in the Services, you agree that you have all of the necessary rights to grant Pink Executives the license set forth in Section 8.3. Except with respect to Your Content, you agree that you have no right or title in or to any content that appears on or in the Services. Further, you acknowledge that if Your Content includes personal information, it will be processed in accordance with our Privacy Policy, applicable laws and your choices (including settings).

8.3. License to Your Content. Subject to any applicable Account settings, you grant Pink Executives a right to copy, use, and display Your Content (in whole or in part) and create derivative works from Your Content for purposes of operating and providing the Services. Note that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services. An area of the Services is considered public if Content that a user submits in such area can be visible or accessible to other users. This includes but is not limited to any Community chats inside our private Community, chats and Q&A options in video calls, and other areas in our Services where you can share comments, feedback, and other content. For an area in our Services to be considered public it is not required that your content is seen by another user.

8.4. User Submissions. During your use of the Services, you may submit text responses, chats, comments, suggestions, and other information (collectively, the "Submissions") to the Site, whether or not requested to do so by Pink Executives. You shall be deemed to have granted Pink Executives a fully paid, worldwide, perpetual, royalty-free, non-exclusive, transferable, sublicensable, license to cache, copy, distribute, transmit, publicly display, reproduce or otherwise use or exploit the Submissions on the Services and in other media, digital or analog, now known or hereafter developed throughout the universe including, without limitation, the internet, mobile devices, and in advertising or promotions, print or otherwise. For the avoidance of doubt, by submitting your Submission you understand and agree that any Submission may become publicly viewable on the Services or elsewhere. Pink Executives shall have no obligation to pay you any compensation for your Submissions. Pink Executives is under no obligation to post or use any Submission you may provide. Pink Executives may, in its sole discretion, remove any Submission at any time, with or without notice to you, prior to removal or otherwise. You may request the removal of your Submission for any reason on reasonable written notice to Pink Executives, on receipt of which Pink Executives will take commercially reasonable steps to comply. Pink Executives does not and cannot review all Submissions and is not responsible for the content or substance thereof. However, Pink Executives reserves the right to delete, move or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person's rights to privacy or publicity, or otherwise unacceptable, provided that Pink Executives shall not be deemed the publisher of any Submission by virtue of its right to control said Submission. Any views and opinions expressed in a Submission reflect the author's point of view and are not necessarily those of Pink Executives, its affiliated entities, or its employees, officers, directors, employees, partners, contractors, or agents.

9. OTHER RESTRICTIONS ON USER CONDUCT. You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You agree to abide by our Privacy Policy, and you shall not (and shall not permit any third party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk email; (iv) involves commercial activities and/or sales without Pink Executive’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Pink Executives; or (vi) discloses any personal or confidential information about another person without the express written consent of such person.

10. RESTRICTIONS ON USE OF THE SERVICES.

10.1. Acceptable Use. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Services or any portion of Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Pink Executives’ name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services; (f) you shall not access Services in order to build similar or competitive products or services; (g) except as expressly stated herein, no part of Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Services; (i) you shall not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections of the Services; (j) you will not take any action that imposes or may impose (in our sole determination) an unreasonable or disproportionately large load on our technical infrastructure; and (k) you will not interfere with or attempt to interrupt the proper operation of the Services through any virus, device, information collection or transmission mechanisms, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means. Any future release, update or other addition to Services shall be subject to this Agreement. Pink Executives reserves all rights not granted in this Agreement. Any unauthorized use of Services shall give Pink Executives the right to terminate the Agreement on notice to you. The foregoing sentence is not exclusive of any other rights or remedies that may be available to Pink Executives under law, equity, statute, or otherwise.

10.2. User Rules. Any features and/or services provided on the Services by Pink Executives, including, but not limited to, user comments, instant messaging, and email functions, are subject to this Agreement and any other guidelines published or modified by Pink Executives from time to time (collectively, the "Rules"). You understand that a breach of the Rules will result in a violation of these Terms. Notwithstanding anything to the contrary in the Rules, in the event that Pink Executives determines, in its sole discretion, that you have violated the Rules, or that any part of your Submission or Your Content violates the Rules, Pink Executives will have the right to immediately remove such Submission, in whole or in part, with or without notice to you, and to temporarily suspend your Account and access to the Services, with notice to you. In the event that Pink Executives determines that your first violation was particularly offensive, Pink Executives will have the right to immediately and permanently terminate your Account and access to the Services, with notice to you. Any user may report abuse by sending an email to [email protected].

11. FEEDBACK. You agree that your submission of any ideas, suggestions, testimonials, drawings, pictures, documents, and/or proposals to Pink Executives (“Feedback”) is at your own risk and that Pink Executives has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You agree that you have all rights necessary to submit the Feedback. You hereby grant to Pink Executives a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.

Pink Executives may request you provide a testimonial to be published on the Website, or on various sales materials related to a Program created by Pink Executives. You understand that you are not required to give any testimony and you understand that the choice to do so is voluntary to you. There will be no ramifications or change in relationship between Pink Executives and you if you refuse testimonial. If you accept and provide Pink Executives with a testimonial, you understand the material, along with a photo of you, will likely be published on the Website or otherwise. No payment or additional services will be provided in return for your testimonial, and you understand that you are granting Pink Executives an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Pink Executives as part of a testimonial.

12. THIRD-PARTY SERVICES.

12.1. Third-Party Websites, Apps and Ads. The Services may contain links to third-party websites (“Third-Party Websites”) and apps (“Third-Party Apps”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party App or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Apps and Third-Party Ads are not under the control of Pink Executives. Pink Executives is not responsible for any Third-Party Websites, Third-Party Apps or Third-Party Ads. Pink Executives provides these Third-Party Websites, Third-Party Apps and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Apps or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Apps and Third-Party Ads at your own risk. When you leave our Website, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Apps, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

12.2. Mobile Apps. For certain Services, you may have the option to access Services or certain elements of a Service through using third-party Mobile Apps (“Mobile App”) such as the Kajabi App, the Kajabi Communities App, or the Coaching.com App. You understand that the features available on a Mobile App may differ from features available on Website or the respective online platform, and vice versa. 

The use of a Mobile App is voluntary and not required to be able to participate in or complete our Services.

To use a Mobile App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with any Mobile App(s) used. You also must agree to and comply with third-party terms of agreement (e.g., the App Store’s terms and policies, and the App owner’s policies). Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the Mobile App.

Pink Executives is not the owner of any Mobile Apps and does not have any control over any features, availability, performance, or other aspects of the Mobile Apps you may be using. Pink Executives is not responsible for any features, availability, performance, or any other aspects of any Mobile App, or whether or not a Mobile App fails to conform to any applicable legal or regulatory requirement.

13. INDEMNIFICATION. To the fullest extent permitted by applicable law, you agree to indemnify (i.e., reimburse) and hold Pink Executives, its board members, parents, subsidiaries, affiliates, officers, directors, employees, contractors, and agents and its licensors and suppliers (“Pink Executives Parties”) harmless from and against any losses, costs, liabilities and expenses (including without limitation, claims, damages, injury, illness, misunderstanding, judgments, awards, settlements, investigations, costs, reasonable attorneys’ fees, and disbursements) relating to or arising out of: (a) Your Content; (b) your misuse of the Services, including but not limited to a sale or an offering for sale; (c) your violation of the Agreement or any other agreement referenced herein; (d) your violation of any rights of another party (including another member); or (e) your violation of any applicable laws, rules or regulations. Pink Executives reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pink Executives in asserting any available defenses. You agree that the provisions in this Section will survive any termination of the Agreement or your access to Services.

14. DISCLAIMER 

You understand that products developed by Pink Executives are for strictly educational purposes only. You further understand that Pink Executives is not an accredited educational institution, marketplace, or SAAS company.

You acknowledge that what is shared by Pink Executives, its employees, officers, directors, employees, partners, contractors, coaches, trainers, speakers, etc. in any of our Services is not, nor can be seen as, giving advice.

You further understand that Pink Executives, its employees, officers, directors, employees, partners, contractors, and agents, are not any of the following: a physician, dietician, nutritionist, counselor, psychologist, psychiatrist, psychotherapist, medical professional of any kind, doctor, lawyer, accountant, tax professional, financial advisor, career consultant, psychic, or similar professional.

You acknowledge that our Services do not involve the diagnosis or treatment of any disease, illness, ailment, or any mental disorders as defined by the American Psychiatric Association and that Services are not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, financial, tax, career, medical, or other qualified professionals and that it is your exclusive responsibility to seek such independent professional guidance as needed and at your own expense. If you are currently under the care of a mental health professional, it is recommended that you promptly inform the mental health care provider of the nature and extent of the Services you intend to purchase or purchased.

16. EARNINGS DISCLAIMER.

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS AND THEIR POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY, GET A PROMOTION, RECEIVE A RAISE, OR OTHER COMPENSATION USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS, SUCCESS, OR FULFILLMENT. EARNING POTENTIAL AND THE POTENTIAL OF ACHIEVING SUCCESS AND FULFILLMENT IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCTS, IDEAS, AND TECHNIQUES, AS WELL AS OTHER FACTORS SUCH AS YOUR POSITION, INDUSTRY, ENVIRONMENT, LOCATION, ETC. WE DO NOT PURPORT ANY OF OUR PRODUCTS TO BE A “GET RICH SCHEME.”

ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO OUR PROGRAMS, IDEAS, AND TECHNIQUES MENTIONED, YOUR INDUSTRY, ENVIRONMENT, KNOWLEDGE, AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO THE INDIVIDUAL, WE CANNOT GUARANTEE YOUR SUCCESS OR FULFILLMENT OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

MATERIALS IN OUR PROGRAMS AND ON OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES, OR IS BASED UPON, FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS, SUCCESS, OR FULFILLMENT.

ANY AND ALL FORWARD-LOOKING STATEMENTS HERE, IN THIS PROGRAM, OR ON ANY OF OUR SALES MATERIALS, ARE INTENDED TO EXPRESS OUR OPINION OF SUCCESS POTENTIAL. MANY FACTORS ARE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR THE TESTIMONIALS OF OUR CLIENTS. IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE IDEAS AND TECHNIQUES IN OUR MATERIAL.

16. DISCLAIMER OF WARRANTIES AND CONDITIONS.

16.1. As Is. You expressly understand and agree that your use of the Services, or attendance at any Pink Executives organized event, is at your sole risk, and the Services, and any Pink Executives organized events, are provided on an “as is” and “as available” basis, with all faults. To the fullest extent permitted under applicable law, Pink Executives Parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of the Services.

Pink Executives Parties make no warranty, representation or condition that: (1) the Services will meet your expectations or requirements; (2) the information, content, and data on the Services is accurate, complete, or current; (3) your use of the Services will be uninterrupted, timely, secure or error-free; (4) any errors on the Services will be corrected; (5) your use of the Services will not expose your hardware or networks to additional Security risk; or (6) the Services will be compatible with your devices.

Any content downloaded from or otherwise accessed through the Services is accessed at your own risk, and you shall be solely responsible for any damage to your property or others, including, but not limited to, your computer system and any device you use to access the Services, or any other loss that results from accessing such content.

The Services may be subject to delays, cancellations, and other disruptions. Pink Executives makes no warranty, representation, or condition with respect to the Services, including but not limited to, the quality, effectiveness, reputation, and other characteristics of the Services.

Certain jurisdictions' laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the foregoing disclaimers may not apply to you, and you might have additional rights. If you are located in a country of the European Union or in the United Kingdom, you have a right for the Services to be performed with reasonable care and skill.

16.2. No Liability for Conduct of Third Parties. You acknowledge and agree that Pink Executives Parties are not liable, and you agree not to seek to hold Pink Executives Parties liable, for the conduct of third parties, including operators of external websites and third-party Apps, and that the risk of injury from such third parties rests entirely with you.

17. LIMITATION OF LIABILITY.

17.1. Exclusion of Certain Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PINK EXECUTIVES PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PINK EXECUTIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS INCLUDES LOSSES THAT WERE NOT FORESEEABLE TO YOU OR PINK EXECUTIVES WHEN THE AGREEMENT WAS FORMED AND LOSSES THAT WERE NOT CAUSED BY ANY BREACH BY PINK EXECUTIVES. WE DO NOT LIMIT OR EXCLUDE THE PINK EXECUTIVES PARTIES' LIABILITY WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

17.2. Cap on Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE AMOUNT THAT THE PINK EXECUTIVES PARTIES ARE LIABLE TO YOU, AND YOUR EXCLUSIVE REMEDY, WILL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF (1) THE TOTAL OF ANY SUBSCRIPTION, PURCHASE PRICE, OR SIMILAR FEES WITH RESPECT TO ANY PRODUCT, PROGRAM, SERVICE, OR FEATURE OF OR ON THE WEBSITE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST PINK EXECUTIVES, OR (2) US$100.00. WE DO NOT LIMIT OR EXCLUDE THE PINK EXECUTIVES PARTIES' LIABILITY WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

17.3. User Content and Settings. The Pink Executives Parties assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any content, user communications, or personalization settings.

17.4. Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Pink Executives and you.

18. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and email address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: Pink Executives LLC, 1140 Wall Street #523, La Jolla, CA 92038.

19. TERMINATION. At its sole discretion, Pink Executives may modify or discontinue the availability of the Website, with or without notice to you and without liability to you or any third party. To the extent possible, Pink Executives will warn you in advance of any modification, or discontinuance of the Website (or part thereof). We may also periodically schedule system downtime for maintenance and other purposes. You further acknowledge that unplanned system outages may occur.

Pink Executives may terminate this Agreement and suspend or terminate your access to the Services (in full or in part) if: (i) You have breached any provision of this Agreement or any other agreement referenced herein; (ii) you become disruptive to Company or other participants; (iii) you impair the participation of other members; (iv) Pink Executives is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful); or (v) You use the Services for any unauthorized, fraudulent, abusive or illegal activity.

You agree that all terminations for cause shall be made in Pink Executives’ sole discretion and that Pink Executives shall not be liable to you or any third party for any termination of the Services in accordance with this Section. In addition to suspending or terminating your access to the Services, Pink Executives reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress. Even after your right to use the Services is terminated, the Agreement will remain enforceable against you and unpaid amounts you owe to Pink Executives for any purchases will remain due.

20. INTERNATIONAL USERS. Services can be accessed from countries around the world and may contain references to Services and content that are not available in your country. These references do not imply that Pink Executives intends to announce or promote the availability of such Services or content in your country. Services are controlled and offered by Pink Executives from its facilities in the United States of America. Pink Executives makes no representations that Services are appropriate or available for use in other locations. Those who access or use Services from other countries do so at their own volition and are responsible for compliance with local law.

21. DISPUTE RESOLUTION; ARBITRATION AGREEMENT. 

IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS (“ARBITRATION AGREEMENT”).

PLEASE BE AWARE THAT THIS SECTION 21 CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND PINK EXECUTIVES HAVE AGAINST EACH OTHER WILL BE RESOLVED. AMONG OTHER THINGS, THIS SECTION 21 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND PINK EXECUTIVES BE RESOLVED BY BINDING AND FINAL ARBITRATION. THIS SECTION 21 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.

21.1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Pink Executives agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services, or the Terms, including claims and disputes that arose between us before the effective date of the Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Pink Executives may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Pink Executives may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of the Terms.

21.2. Informal Dispute Arbitration. There may be instances when a Dispute arises between you and Pink Executives. If that occurs, Pink Executives is committed to working with you to reach a reasonable resolution. You and Pink Executives agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Pink Executives therefore agree that before either Party commences arbitration against the other (or initiates an action in small claims court if a Party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you also agree to participate in the Conference. The Party initiating a Dispute must give notice to the other Party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other Party receives such Notice, unless an extension is mutually agreed upon by the Parties in writing. Notice to Pink Executives that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to [email protected] or regular mail to our offices located at: Pink Executives LLC, 1140 Wall Street #523, La Jolla, CA 92038. The Notice must include: (1) your name, telephone number, mailing address, email address associated with your account (if you have one); (2) the name, telephone number, mailing address and email address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either Party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all Parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all Parties agree. In the time between a Party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the Parties from engaging in informal communications to resolve the initiating Party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the Informal Dispute Resolution Conference process required by this section.

21.3. Waiver of Jury Trial. YOU AND PINK EXECUTIVES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Pink Executives are instead electing that all Disputes shall be resolved by arbitration under the Arbitration Agreement, except as specified in Section 21.1 above and Section 21.7 below. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

21.4. Waiver of Class or Other Non-Individualized Relief. YOU AND PINK EXECUTIVES AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 21.9, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by the Party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the Section 21.9. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Pink Executives agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This sub-section does not prevent you or Pink Executives from participating in a class-wide settlement of claims (only after a court of competent jurisdiction has declared the class action prohibition unenforceable under applicable law).

21.5. Rules and Forum. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Conference described above does not resolve satisfactorily within sixty (60) days after receipt of Notice, you and Pink Executives agree that either Party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other Disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the Parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS rules. A Party who wishes to initiate arbitration must provide the other Party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, email address of the Party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting Party has paid any necessary filing fees in connection with such arbitration. If the Party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Unless you and Pink Executives otherwise agree, or the Batch Arbitration process discussed in Section 21.9 is triggered, the arbitration will be conducted in San Diego, CA. Subject to the applicable JAMS rules, the arbitrator may direct a limited and reasonable exchange of information between the Parties, consistent with the expedited nature of the arbitration. You and Pink Executives agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the Parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

21.6. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the Parties from the JAMS roster of consumer dispute arbitrators. If the Parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then JAMS will appoint the arbitrator in accordance with the applicable JAMS rules, provided that if the Batch Arbitration process under Section 21.9 is triggered, JAMS will appoint the arbitrator for each batch.

21.7. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, Disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all disputes arising out of or relating to Section 21.1 or Section 21.4, including any claim that all or part of Section 21.4 is unenforceable, illegal, void or voidable, or that Section 21.4 has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 21.9, all disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all disputes about whether either Party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 21.9. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

21.8. Attorneys’ Fees and Costs. The Parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Pink Executives need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the Party that obtains an order compelling arbitration in such action shall have the right to collect from the other Party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

21.9. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Pink Executives agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Pink Executives by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall: (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All Parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the Parties disagree on the application of the Batch Arbitration process, the disagreeing Party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the Parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Pink Executives. You and Pink Executives agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery Disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

21.10. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: Pink Executives LLC, 1140 Wall Street #523, La Jolla, CA 92038, or via email to [email protected], within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us or may enter into in the future with us.

21.11. Invalidity, Expiration. Except as provided in Section 21.4, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Pink Executives as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

21.12. Modification. Notwithstanding any provision in the Terms to the contrary, we agree that if Pink Executives makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Pink Executives at the following address: Pink Executives LLC, 1140 Wall Street #523, 92038 La Jolla. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate disputes arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or the Terms, the provisions of this Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms) remain in full force and effect. Pink Executives will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Terms.

22. GENERAL PROVISIONS.

22.1. Electronic Communications. The communications between you and Pink Executives use electronic means, whether you visit Services or send Pink Executives emails, or whether Pink Executives posts notices on Services or communicates with you via email, chat, or text message. For contractual purposes, you: (1) consent to receive communications from Pink Executives in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to the Agreement that Pink Executives provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.

22.2. Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Pink Executives’ prior express written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

22.3. Force Majeure. Pink Executives shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

22.4. Exclusive Venue. To the extent the Parties are permitted under the Agreement to initiate litigation in a court, both you and Pink Executives agree that all claims and disputes arising out of or relating to these Terms or the Services will be litigated exclusively in the state or federal courts in San Diego, California.

22.5. Governing Law. The Agreement and any action related thereto will be governed and interpreted by and under the laws of the state of California, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of another jurisdiction. Some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This Section does not override those laws. The United Nations convention on contracts for the international sale of goods does not apply to the Agreement.

22.6. Notice. Where Pink Executives requires that you provide an email address, you are responsible for providing Pink Executives with your most current email address. In the event that the last email address you provided to Pink Executives is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Agreement, Pink Executives’ dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Pink Executives at the following address: Pink Executives LLC, 1140 Wall Street #523, La Jolla, CA 92038. Such notice shall be deemed given when received by Pink Executives by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

22.7. Non-Exclusive Services. Pink Executives reserve the right to provide Services to anyone in the world, including to your competitors, and we make no promise of exclusivity in any particular market segment.

22.8. Non-Disparagement. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither you nor any of your associates, employees, or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents, or representatives.

22.9. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: Pink Executives LLC, 1140 Wall Street #523, La Jolla, CA 92038, or by email at [email protected]. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

22.10. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

22.11. Severability. Subject to Section 16.7, if any portion of these Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of these Terms and Pink Executives, and the remaining portions shall remain in full force and effect.

22.12. Export Control. You may not use, export, import, or transfer Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Services, and any other applicable laws. In particular, but without limitation, Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Services, you agree that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

22.13. Consumer Complaints. If you reside in California, in accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

22.14. Entire Agreement. To the extent permitted by applicable law, the Agreement is the final, complete, and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the Parties with respect to such subject matter.