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Terms and Conditions
Please read our terms and conditions:
WHEREAS, the Student desires to participate in iPEC's Coach Training Certification Program (the "Program") and agrees to pay tuition and fees set forth herein and to adhere to iPEC's rules and regulations; and
WHEREAS, iPEC desires to enroll Student in the Program and to provide the instruction, training, and support through which the Student may obtain certification as a professional coach;
THEREFORE, the Parties agree as follows:
Privacy Policy
This Agreement and the information that Student provides to iPEC is subject to the iPEC privacy policy, available on our website (www.ipec.com). If you have any questions regarding this policy, please contact iPEC at privacy@ipec.com.
Notices to Student
- This Agreement, together with the Welcome to iPEC Letter, constitutes the entire agreement between the Parties and supersedes all prior written, oral, or implied agreements.
- This Agreement may be amended or modified only by a writing signed by each of the Parties hereto.
- iPEC does not provide placement services and does not guarantee employment to any student or graduate.
Student Acknowledgements
- Student acknowledges that iPEC may change or modify any rules, regulations, and directions associated with being a student in the Program at its discretion at any time. Student further acknowledges that iPEC has the right to retain all materials submitted during the application, training, and certification process.
- Student hereby acknowledges and agrees to the following: The iPEC training materials are iPEC's confidential information and are protected by this Agreement and U.S. and international copyright and trade secret laws. iPEC provides them for Student's use solely (1) in connection with Student's participation in the Program, and (2) for use within the parameters of a coaching relationship as authorized by the Intellectual Property Permissions posted here, and for no other purposes. Except as authorized by this Agreement, Student may not reproduce, prepare derivative works from, distribute, display, perform the training materials, or use them in workshops or other training sessions, or use them for any other purpose without iPEC's prior written consent.
- Student acknowledges that Program enrollment and completion is contingent upon timely and satisfactory completion of all Program requirements, along with Student's compliance with all iPEC rules, regulations, and directions, and all payment(s). Failure to do so subjects the Student to probation and/or dismissal from the Program. Probation or dismissal does not eliminate a Student's financial obligation. iPEC reserves the right to revoke Student access, including but not limited to Student Hub access and all iPEC community access points. Among other reasons, iPEC may revoke Student access if the Student performs services for or on behalf of a competitor of iPEC or engages in a business competitive with iPEC.
- In the event the Student enrolls digitally and, after processing the registration, the student immediately receives digital content, or the Student is granted access to digital content, due to the nature of the product no right of dissolution exists on the received digital content. If the Student has digitally concluded this agreement and cancels the registration and iPEC has already sent material (such as texts and teaching materials) to the Student, the Student must destroy, delete, and dispose of all materials received immediately.
- Student acknowledges they have been advised that telephone calls between the Student and iPEC, regarding certain aspects of the Program, including but not limited to Admissions, Student Support, may be recorded by iPEC for training, assessment and quality improvement purposes. Student hereby consents to iPEC's recording of any and all such calls and programs in which Student participates for purposes of iPEC's stated purpose, as evidenced by Student's signature below. Student also hereby consents to the receipt of text messages for the foregoing purposes
- Student hereby acknowledges receipt of iPEC's Privacy Policy which applies to the collection and processing of all personal data included in or provided in connection with this Agreement.
- After enrollment is complete, Students attending in person will be permitted to change their training location once they have paid VAT taxes and an administrative fee of $500.
- Student hereby acknowledges they have been advised that they may print a copy of materials for their own use in accordance with the Coach Training Program. DISTRIBUTION OF COURSE MATERIALS IS STRICTLY PROHIBITED.
Dispute Resolution; Miscellaneous
Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement, including the formation, interpretation, breach, or termination of the Agreement, the scope of the services provided by iPEC, or the performance of any obligations under this Agreement shall be determined exclusively by final and binding arbitration under the Federal Arbitration Act and submitted to the American Arbitration Association ("AAA"). The arbitration will be conducted in accordance with the applicable AAA rules, except as provided below. The arbitration shall be held remotely unless the parties agree otherwise, and the governing law shall be federal law, if applicable, or New Jersey law. There shall be a single arbitrator who will be appointed pursuant to the procedure set out in the AAA Rules. The parties shall split the costs of the arbitration and the arbitrator, subject to the reimbursement provision set forth in the Attorneys' Fees, Limitation of Liability, and Limitation of Asserting Claim clauses. The arbitrator shall render a written decision, which shall be final and binding on all Parties. The award shall be enforceable in any court of competent jurisdiction.
The following types of claims are not subject to mandatory arbitration: claims for injunctive relief and claims that a party may not be required to arbitrate under applicable law.
Attorneys' Fees
The prevailing Party in any arbitration action arising under this Agreement shall be entitled to reimbursement by the other Party of its reasonable attorneys' fees and costs incurred in the arbitration, including the costs of arbitration and the Arbitrator.
Limitation of Liability
Except for any breach of Student's confidentiality, non-compete and non-solicitation obligations or infringement of iPEC's intellectual property rights, consequential, exemplary, and punitive damages are expressly excluded from recovery under this Agreement to the fullest extent of the law. ANY AND ALL LIABILITY OF iPEC ARISING UNDER THIS AGREEMENT IS EXPRESSLY LIMITED TO THE AMOUNT OF TUITION PAID IN ACCORDANCE WITH THIS AGREEMENT.
Limitation of Asserting Claim
Any claims arising under this Agreement must be presented within one (1) year from the date the claim arose, and within two (2) years of the date of this Agreement. iPEC shall have no liability to Student under this Agreement after two (2) years from the date of this Agreement.
The provisions of this Section will apply only to the extent permitted by applicable state, local or foreign laws.
- Covenant Not to Compete.
- The term "Principal Business" means training of a coach modality and related services of the type covered in the Program, as well as development, subscription, educational or other similar programs offered by iPEC during the Restricted Period.
- The term "Restricted Area" will mean any U.S. or foreign state in which the Company conducts its Principal Business at the time that Student commences to engage in such activity.
- During Student's enrollment and terminating on the date that is two (2) years after the date that Student completes the Program (the "Restricted Period"), Student agrees that he or she will not within the Restricted Area compete, directly or indirectly, with iPEC or engage in, directly or indirectly, with or without compensation, any business which is the same as or substantially similar to the Principal Business, whether as an owner, partner, shareholder, investor, agent, member, manager, officer, director, employee, independent contractor, consultant, or otherwise. Notwithstanding this Section, Student (a) will be allowed to develop and use materials, and offer advanced enrichment programs through iPEC's subscription program, from his or her training and employment with iPEC, to the extent consistent with the Company's Intellectual Property Permissions Policy posted at https://www.ipeccoaching.com/intellectual-property-permissions as the Company may revise the policy from time to time and to the extent that such development and usage is not competitive with iPEC, and (b) remains entitled to offer individual one-on-one and group coaching (other than training individuals on coaching skills to be coaches or on continuing education for coaches, which are prohibited by this Section). Further, Student may always submit advanced training to the Company for consideration and prior approval through the Conscious Community division.
- Non-Solicitation of Customers or Employees. During the Restricted Period, Student agrees that he or she will not, directly or indirectly:
- Solicit or attempt to solicit or assist any third party in soliciting, or divert or attempt to divert away from the Company, the business of any person or entity that is or was at any time within the twelve (12) months prior to such action, a customer of the Company; or
- Interfere with or impair, or attempt to interfere with or impair, or otherwise jeopardize a relationship of the Company with any of its customers; or
- Hire, solicit or induce or assist any third party in hiring, soliciting or inducing any employee, agent, consultant or independent contractor of Company to leave its employ or service or to work for another entity or person that is engaged in the Principal Business.
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