Disclaimer: Health and exercise requires physical exertion and involves inherent risks. Participants are advised to be in good health and should consult a medical professional before enrolling.

Terms of Use & Service Agreement

Octagon Coach, (hereinafter also referred to as “We” and/or “Us” and/or “Our” offers to assist individuals and families. This agreement will start, and is entered into, by your purchasing the service/product (paying the invoice) and thereby you confirm your acceptance of, and agreement to, these terms of use and this agreement. And, you thereby appoint and authorize Us to implement this service/product. All Based on the information that you provide Us by phone, fax, email or otherwise we will review your situation and/or issue(s) and any other information that you provide. It is your responsibility to provide Us with accurate information. Based upon this information that you have provided Us we will provide you with instructions and/or document(s) as our service/product to you by email on how to deal with, and communicate upon, regarding your situation and the length, amount and detail of the instructions shall be in Our sole discretion which may involve your authorizing Us to act in your behalf.. It is your responsibility to follow the emailed instructions and/or document(s) provided which may involve your authorizing Us to act in your behalf. Once we have provided you with said instructions and/or document(s) and/or acted in your behalf as you authorized us to do we have completed our service to you. We do not represent or guarantee that our service will result in a specific outcome. If your issue(s) and/or problem is resolved, we do not represent or guarantee that it will not become a problem or issue for you again in the future. It is your responsibility to cooperate and communicate with Us until we have completed our service/product. It is your responsibility to follow applicable, law, rules and regulations. You agree that moneys you paid to Us are considered earned by Us upon our receipt of same. You and We agree that if Our service/product when completed does not result in the resolution of your issue(s) or problem that there is no refund of moneys paid to Us. Should We in Our sole discretion offer a refund for any work We do for you, and you accept it, that such refund shall terminate your claim and is considered a complete remedy to you. Prior to Our completion of the service/product We may, in our sole discretion, terminate this agreement and refund moneys that you have paid Us and there shall be no claim or recourse on your part as against Us in that event for not completing the service/product. After you have paid Us you may terminate the service/product prior to Our completion, but in that event any refund of moneys, if any, to you will be totally in Our sole discretion, as moneys paid to Us are considered earned upon receipt, and you agree that in such event you shall have no claim or remedy against Us.

As to these terms and conditions and agreement herein “Octagon Coach” expressly includes Octagon Coach and both of their respective affiliates, agents, contractors, subcontractors, licensees, employees, directors, owners and all associated third party providers.

We provide the service/product to you strictly as an independent contractor. These terms and conditions and agreement shall supersede all previous communications and understandings as between you and Us. The service/product provided by Us is “as is” without express, statutory or implied warranties of any kind, including, but not limited to implied warranty of merchantability, implied warranty of fitness for a particular and any express or implied warrantee of non-infringement. You bear all risk of loss by using Our service/product. In using Our service/product you agree that you are solely responsible for your own due diligence and for obtaining your own data and for obtaining your own expert advice in making business and marketing decisions. We do not represent or guarantee positive result(s) and in fact the result(s) may be negative or harmful to you. We are not responsible for your consequential or resultant damages or your loss of data, loss of reputation, loss of income, loss of assets, interruption of third party services to you or any other loss of yours’ no matter of the type or kind of loss/losses and no matter as to the amount of the loss/losses.

You agree to defend, indemnify Us and hold Us harmless against any and all claims of liability, demands, judgments, arbitration awards, investigations, pre-litigation(s), litigation(s), administrative cost, costs, losses, damages, judgments, causes of action(s), injunctions, domestic or foreign proceedings, domestic or foreign main proceeding(s), and expenses (including reasonable attorney’s fees and cost and mediation costs) arising out of the service/product provided to you by Us, including, but not limited to your or Our use of trademarks, copyrights, patents, packaging, trade dress, web content, web graphics, domain names, web hosting, text, videos or any other material, property or intellectual property. We have an unlimited perpetual non-revocable right to use your name, logo and its business statistics in marketing and promotional materials without cost.

Any and all liability on Our part arising out of the service/product provided is expressly limited to an aggregate maximum total of USD five hundred dollars or the actual amount paid to Us – which ever amount is the lesser amount.

Both you and We agree that in the event that a dispute arises from the invoice or these terms and conditions or agreement that the parties will use the mediation services of the American Arbitration Association (AAA) using their commercial arbitration rules, and abide by the State of California law regarding civil mediation and will be bound by the decision of the mediator. The mediation panel shall be comprised of (1) one mediator. Each party shall select a mediator who in turn shall select the mediator to mediate the case. The proceeding shall be by binding mediation only with paper only submittal by each party. The mediator shall resolve and decide any and all disputes and issues not resolved between the parties in the mediation process. The party who initiates mediation shall be solely responsible to pay the entire cost of said AAA services and each party shall be responsible for their own costs and costs of representation in said proceedings. The prevailing party is not entitled to any award of any costs, nor attorney fees. The decision of the mediator shall be binding and final and it can be enforced as a judgment in any state or territory of the United States and in any other country in the world. The party who prevails in enforcing said mediation decision shall not be awarded any costs of enforcement nor attorney fees. You stipulate that venue and jurisdiction rests in the State of California and that the laws of that state shall apply. If any provision(s) of the invoice or these terms of service and agreement shall be determined to be unenforceable the remainder shall remain enforceable.

Such mediation shall be the sole remedy permitted under these terms of service and agreement. However, in the event of arbitration(s), administrative hearing(s), mediation(s), pre-litigation(s) and litigation(s) in any court in the world and/or any other venue relating to our service/product provided you that is caused or is brought by any 3rd party that you shall be solely responsible to pay your own attorney’s fees and cost and other expenses.

Failure of Us to enforce any provision of these terms and conditions and agreement does not constitute a waiver and any such term or condition not enforced by Us may be enforced at a later time. Our invoice to you must be paid upon receipt regardless as to if We have partially or fully completed/provided the service/product. In the event of non-payment of any Invoice, We may use all legal means of collection authorized by these terms and conditions and agreement and We are entitled to related reasonable attorney’s fees and costs. The returned or non-sufficient funds check or card payment fee to you shall be $30.00 and 0.88 percent interest per month, or at Our option the maximum interest permitted by law, shall be added to balances due and unpaid by the you.

By paying Our Invoice, you agree that you have read, understand and agree to the Invoice and to these terms and conditions and agreement, and you agree to the amount of the billed invoice. A copy of the Invoice and/or of these terms and conditions and agreement shall have the same force and affect as the original.