Terms and Conditions of Use for All Products
Please read these Terms and Conditions of Use for all Products (“TOU”) carefully. You must agree to these TOU before you are permitted to participate in, use, access or attend any product or event (collectively “the Products”) offered by 108 Coaching LLC d/b/a Jay Shetty Certification School, including but not limited to the Jay Shetty Certification School, other programs and courses, digital or downloadable resources and tools, one-on-one or group coaching, workshops, events, training, or online forums on our website or a third-party website, such as social media or online course platform.
The Products may be modified at any time. By agreeing to these TOU, you represent and warrant that you are at least 18 years old. Some of the content in the Products may not be appropriate for children and the Company disclaims all liability for use by individuals under the age of 18.
If you do not agree to these TOU (as they may be updated from time to time), you may not use the Products.
The term “Releasees” in these TOU is defined to include: (i) 108 Coaching LLC d/b/a Jay Shetty Certification School, its subsidiaries, affiliated companies, owners, directors, officers, past and present employees, agents, coaches, mentors, supervisors, speakers, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Jay Shetty.
1. The Certification Program
The “Certification Program” refers to all pre-certification elements of the Jay Shetty Certification School and includes four components: (1) online foundational coaching coursework, (2) self-study, (3) coaching practice, and (4) a final assessment.
Certification Program registrations will be confirmed via email. The Company, in its sole and absolute discretion, may accept or decline students to participate in the Certification Program.
The Certification Program is designed to be completed within 6 months. If you do not complete the Certification Program within 8 months after beginning it, you may extend your Certification Program for additional fees.
The Certification Program includes access for you to activate a 1-year complimentary individual student membership with the Association for Coaching by emailing support@jayshettycoaching.com with the request to do so.
a. Component 1 - Coursework
The Certification Program begins with pre-recorded lessons grouped into modules. For each lesson, watch the video and complete all required actions to unlock the next lesson. Complete the quiz at the end of each module to access the next module. You can also download and read lesson study guides for supplemental learning.
b. Component 2 - Self-study
You must complete at least 33 hours of self-study activities selected from the self-study resource collections in the Certification Program library, marking all required actions as complete for the hours to be tracked, or by following the recommendations at the end of certain coursework lessons.
c. Component 3 - Coaching Practice
This Component requires at least 32 hours of live coach development training and practice over 13 weeks in 2 parts: (1) 12 hours (8 prescheduled weekly 90-minute calls) of live group cohort training, and (2) 20 hours of unsupervised coaching practice.
Cohort Training Calls
Active participation (e.g. camera on, responding to any mentor questions) is mandatory for the duration of all cohort calls, including any breakout sessions, and will be tracked by the Company. To ensure accuracy, please ensure that your display name in Zoom is the same name you provided at enrollment. You will be marked absent if you do not actively participate in a call, if you miss any part of it, or if your display name does not match the name you provided at enrollment and we cannot track your attendance and time spent on the call.
If you do not actively participate in all of the cohort calls, you may be terminated from the Certification Program. Alternatively, if the Company permits you to transfer to another cohort, you must pay a cohort switch fee to do so.
Mentoring meetings with your study group, workshops hosted by mentors, and training labs are not mandatory and do not count toward your self-study or live hours, but are strongly encouraged in advancing your development as a coach.
Unsupervised Coaching Practice
You must record a minimum of 20 hours of 1:1 unsupervised coaching practice in an Unsupervised Coaching Log and submit it with your Final Assessment application.
Each coaching session logged must be submitted to the Company:
- video- and/or audio-recorded with audible sound,
- in English or with a full transcript translated to English,
- between 45 and 75 minutes long (no more, no less), and
- with an adult (18+) practice client who has signed a written coaching agreement consenting to recording and disclosure of the session to the Company.
Before coaching a practice client, you must conduct a discovery session to review with the client what coaching is and isn’t, understand the client’s reasons for seeking coaching, and assess your coach-client chemistry. These discovery sessions are essential to establishing your coaching relationship with the client, but do not count as coaching hours towards your certification.
After each coaching session, you must complete a self-evaluation form.
Securely save all the recorded coaching sessions listed on your Unsupervised Coaching Log and their completed self-evaluation forms on your local drive, as the Company or accreditation body or governing organization may request a random sampling of either or both when you apply to take the Final Assessment.
d. Final Assessment (Quiz)
To achieve Certification (defined below), you must complete a Final Assessment (Quiz) to measure your overall knowledge and understanding of the Certification Program material.
You may apply for your Final Assessment (Quiz) before your cohort’s application deadline and after you have completed Components 1-3 of the Certification Program, provided your account is in good financial standing and you are otherwise in compliance with these TOU.
You will receive a link to take your Final Assessment before your cohort’s submission deadline. If you miss your deadline to take the Final Assessment, you must wait to take it with the next cohort and pay a cohort switch fee. You may also pay an extension fee to maintain access to your coursework until your Final Assessment.
The Final Assessment is a multiple-choice quiz. A score of at least 80% is required to pass. You will receive confirmation of your quiz score within 24 hours. You may take the quiz up to three times to achieve a passing score.
To prepare for the Final Assessment (Quiz), you are advised to review your class notes and course materials, reflect on your coaching practice experience, and use the Company’s Assessment Preparation Guide.
2. Artificial Intelligence and Jay AI
Within the Certification Program, you may receive access to an AI-powered digital tool modeled on the voice and teaching style of Jay Shetty (“Jay AI”). This tool is designed to supplement your learning and coaching practice by providing support, insights, and guidance aligned with our curriculum. Jay AI may only be used by students enrolled in the Certification Program or its certified coach graduates.
Jay AI is an automated simulation based on Jay Shetty’s tone, values, and teachings. It may not always reflect current views or official program guidance. It is not a licensed therapist, coach, mentor, medical professional, accountant, legal advisor or substitute for direct engagement with the Company’s team. For urgent or serious concerns, please consult a qualified human expert.
Jay AI may be used to deepen your understanding of program teachings, support your development as a coach, and inspire reflective thinking. Your use of Jay AI may be recorded and reviewed by the Company for internal purposes such as product improvement, user support, and training. Do not share sensitive, confidential, or personally identifiable information when interacting with Jay AI.
You may not use Jay AI or any other artificial intelligence (e.g. ChatGPT) to:
- Coach clients or provide third-party services.
- Complete Certification Program requirements.
- Offer medical, legal, or financial advice.
- Generate or sell content derived from the tool.
- Share or publish AI responses as endorsements or statements from Jay Shetty.
- Engage in unethical, harmful, or manipulative practices.
- Promote illegal activity or violate any applicable laws.
- Reverse-engineer, exploit, or tamper with Jay AI.
The Company may limit, suspend, or terminate your access to Jay AI at any time, particularly in the case of misuse or violation of these TOU.
3. Certification Benefits and License
If you successfully complete all of the Certification Program requirements, have completed all payments owed to the Company for Products, and are in compliance with these TOU, you will receive the following “Certification Benefits”:
- A digital Certificate of Completion
- Certification License (see details below)
- Invitation for a 1-year complimentary subscription to the Insider Level Certified Coach Community
- Invitation for evergreen access to the Foundation Level Certified Coach Community
- Optional inclusion in the Jay Shetty Certified Coach Website directory
- Optional pursuit of OTHM Level 7 International Postgraduate Diploma in Coaching and Leadership Development (see details below)
If you have passed your final assessment and are still making payments to the Company, your Certificate Benefits and License will be awarded upon payment in full.
You may order a physical copy of the certificate from the Company’s third-party supplier for an additional cost. If you order a physical certificate, it is your responsibility to verify your address with your order. The Company will not be responsible for physical certificates lost or mis-delivered.
You may access your coursework for as long as it is made available by the Company, but your access to the rest of the Certification Program will be terminated.
You will receive a limited, non-exclusive, revocable, non-sublicensable and non-transferable license (“Certification License”) to publicly use and display: (a) the title Jay Shetty Certified Life & Success Coach, and (b) brand materials provided in the Program’s Digital Pack, which may include a logo, badge or other intellectual property.
You may not transfer, sublicense or assign the Certification License. Your Certification Benefits and License will terminate if you violate these TOU in any way. The Company reserves the right to revoke your Certification License and benefits if, in the Company’s sole discretion, you publicly adopt a position inconsistent with the Company’s coaching principles or violate these TOU in any way.
Optional Pursuit of OTHM Level 7 International Postgraduate Diploma in Coaching and Leadership Development:
- Your Certificate of Completion is not a coach accreditation but may be applied toward individual accreditation with the Association for Coaching or OTHM Level 7 International Postgraduate Diploma in Coaching and Leadership Development.
- Diploma and accreditation requirements are dictated by OTHM and the Association for Coaching. You are advised to investigate these requirements, fees, and deadlines before beginning the Certification Program.
4. Special Consideration Policy
Students must complete their Certification Program within six (6) months after the date of their enrollment. If you cannot complete the Certification Program for any of the reasons included in this section, you may request an extension, leave of absence or financial support by contacting us at support@jayshettycoaching.com, where we will direct you further.
You may request a one-time six-month extension of your Certification Program completion date if you experience:
- death of a close relative (parent, child, or spouse/partner)
- job loss, or
- sickness that prevents you from working.
The Company, in its sole and absolute discretion, may grant extensions for other reasons or additional time for additional fees. A cohort switch fee may also be required.
You may also request a one-time leave of absence of up to 6 months if you experience an unforeseeable emergency.
The Company, in its sole and absolute discretion, may grant or deny requests for extensions, leaves of absence, or financial support.
During a leave of absence, you will lose all access to the Certification Program and its Content (defined below). To resume the Certification Program after a leave of absence, students must notify support@jayshettycoaching.com. A student returning from a leave of absence may request a one-time extension of the Certification Program completion date.
Students returning from an extension or leave of absence shall be subject to the Program rules and conditions in effect at the time of their return.
Students who do not resume the Certification Program after expiration of an extension or leave of absence will be deemed to have voluntarily withdrawn from the Certification Program and may be required to re-enroll in the Certification Program and pay all required fees.
5. Business Launchpad
If you complete the Certification Program, pass your Final Assessment, and have completed all payments owed to the Company (no refunds), you will receive access to the bonus (Module 12) Business Launchpad as long as the Company offers it and if you have agreed to the Company’s then-current terms of use.
6. Business Development Program
The Business Development program provides 12 or 24 months of business training modules, mastery and accountability calls, online private group forum, coaching, training, and other resources to build a coaching business. Your specific program elements will be based on the tier you selected. The Company reserves the right to modify program elements at any time to the extent necessary.
While the program is self-paced and some calls may be recorded, the Company does not guarantee that calls will be recorded and strongly encourages all participants to attend live sessions and utilize all program resources. No refunds will be provided for any program elements or resources that you do not, or are unable to, use for any reason.
You are responsible for scheduling all 1:1 coaching sessions using the instructions provided by the Company. Sessions may be cancelled or rebooked with at least 24 hours advance notice. Any session missed or cancelled with less than 24 hours notice will be forfeited.
If your program includes admission to a live event, you must cover your own expenses for transportation, accommodations, meals and spending money.
7. Live or In-Person Events
Event tickets are refundable within 14 days after your purchase date. Event tickets offered as a bonus or purchased 14 or fewer days before an event are not refundable. An event ticket may be transferred only to a current Company student or certified coach and with the Company’s written consent. Amounts paid toward event tickets are not transferable to another Product. Requests for ticket refunds or transfers must be emailed to support@jayshettycoaching.com.
Event speakers, schedules and programming are subject to change at the Company’s discretion. Ticket refunds or transfers will not be granted due to any such changes. The policies, offerings and views of an event venue, sponsor or vendor are not necessarily those of the Company.
You agree to: (1) observe and obey all posted rules and warnings, (2) follow any instructions or directions given by the employees, representatives or agents of the Company or event venue, and (3) abide by any decision of any staff, volunteers, vendors or contractors of the Company or venue regarding your ability to safely participate in the event. You agree to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in the event. This includes, generally, respect for other people, equipment, facilities or property. The Company or venue may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the event or any person, facility or property.
You consent to medical care and transportation in order to obtain treatment in the event of injury to you as the Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
If you choose to consume alcoholic beverages during any part of the event, you must do so responsibly and only if you are of a legal age to do so.
The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during any event.
8. Certified Coach Community Subscription and Cancellation
The Company’s Certified Coach Community (the “Community”) has two levels - Foundation and Insider. The Foundation Level Community is available to all Certification Program graduates free of charge for as long as the Company provides it and you have agreed to the then-current Community terms of use.
You may enroll in the Insider Level Certified Coach Community (“Insider Community”) for an annual subscription fee charged to your payment card on the same day every year. For example, if you join on June 28, 2025, your subscription will renew and your card will be charged on June 28, 2026, and so on until you cancel.
INSIDER COMMUNITY MEMBERSHIPS RENEW AUTOMATICALLY FOR SUCCESSIVE ANNUAL TERMS UNTIL BROUGHT TO AN END BY YOU OR US.
To renew, you must review and agree to the Company’s then-current terms of use.
IF YOU DO NOT WANT TO RENEW YOUR ANNUAL INSIDER COMMUNITY MEMBERSHIP, YOU MAY CANCEL IT AT ANY TIME BEFORE THE NEXT ANNUAL PAYMENT IS CHARGED BY SUBMITTING A REQUEST THROUGH THE MEMBER WEBSITE OR BY SENDING THE FOLLOWING EMAIL TO support@jayshettycoaching.com:
Please cancel my membership in the Insider Certified Coach Community.
I understand that by canceling, I will be removed from any online forum and will lose access to all content, but that I am still bound by all ongoing provisions in the Terms and Conditions which I agreed.
Signed,
[ENTER YOUR NAME]
After cancellation, so long as you have not breached these TOU, you will maintain access to the Insider Community through the end of your paid term.
After expiration of the 14-day refund period described in these TOU, no refunds will be issued for any part of your annual membership term.
9. Fees
You agree to pay the Company the fees associated with the Product(s) and payment schedule you selected.
If paying by debit card or credit card, you give the Company permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If any payment is not received when due, the Company reserves the right to terminate your participation in or use of its Product(s) and terminate your access to all its content immediately and permanently. If you bring a delinquent payment current, the Company, in its sole discretion, may agree to restore your access for an additional fee.
If you fail to make any payment in a timely manner or voluntarily withdraw from a program at any time or for any reason, you will remain fully responsible for the full cost of the Product and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
10. Refunds
Your satisfaction with the Products is important to us.
- If you are unsatisfied with your purchase of the Certification Program or Business Development program, you may request a full refund or to transfer your enrollment to another person within 14 days after your purchase date if you have not completed more than 1 Program Module. All refund and transfer requests must be made via timely email to support@jayshettycoaching.com.
- If you are unsatisfied with your Insider Level Community subscription, you may request a full refund by emailing support@jayshettycoaching.com within 14 days after your subscription purchase date.
- You may request a refund of an unused event ticket purchase by emailing support@jayshettycoaching.com within 14 days after your purchase date. Event tickets offered as a bonus or purchased 14 or fewer days before the event are not refundable.
In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing the Products, the Company has a no refund policy.
No refunds will be paid if your access to a Product is terminated because you have violated these TOU in any way. By using and/or purchasing our Product(s), you understand and agree that, except for the limited refund period described above or as required by law, all sales are final and no refunds will be provided.
You have agreed to our clear and explicit Refund Policy before completing your purchase and agree that you will not file a fraudulent chargeback with your credit card company or payment processor. If a chargeback is found to be fraudulent, the Company reserves the right to refuse future transactions with you, report the fraudulent chargeback to credit reporting agencies and/or chargeback databases, recover all of the Company’s expenses and attorney’s fees incurred due to your payment default, and take any other appropriate legal action.
11. European (EU/EEA/UK) Program Participants’ Right of Withdrawal
If you reside within a member state of the European Union, of the European Economic Area, or in the UK and you have signed these TOU as a consumer (i.e., for purposes outside your trade, business, craft or profession), you have the right to withdraw from these TOU within 14 days after you agreed to them, without giving any reason and without incurring any costs other than those provided for in this section. The Company is obligated to inform consumers of this right in very specific legal terms, which you can find below.
The Right of Withdrawal period expires at the earlier of: (i) after 14 days from the date you agreed to these TOU; or (ii) the date you began Performance of the Company’s services and/or digital content.
“Performance” means:
- for the Certification Program or Business Development Program, if you accessed more than one program module.
- for any live event, once the event begins.
To exercise your right of withdrawal, you must notify the Company by mailing a letter to 108 Coaching, LLC, 16255 Ventura Blvd, Ste 900, Encino, CA 94136 or emailing support@jayshettycoaching.com within the 14-day withdrawal period. The burden of proof for exercising the right of withdrawal in accordance with this requirement shall be on you.
You may use the below model form, but it is not obligatory.
To Jay Shetty Certification School:
[Date]
I, [your name], hereby give notice that I, [your name], withdraw from my participation in [product/program/service name] that I purchased on [insert date of purchase]. I also withdraw from the Terms of Use for All Products agreement that I acknowledged when registering for [product/program/service name].
Acknowledged on [date] / Received on [date].
[Your name]
[Your address]
[Your signature (physical or electronic)]
Within 14 days after receiving a timely notice of withdrawal, the Company will reimburse all payments received from you for the Product, less the 5% processing fee incurred per transaction. This reimbursement will be made using the same method of payment you used for the initial transaction. You will not incur additional fees as a result of the reimbursement or any other liability by exercising your right of withdrawal.
If you exercise your right of withdrawal, both you and the Company will be released from your obligations to perform under these TOU, any ancillary contracts will be terminated automatically, and you may not be afforded the opportunity to enroll or participate in any service or product offered by the Company in the future.
12. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Products and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing, (collectively “Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited Program License to You
If you view, purchase or access a Product or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means that, to the extent these actions are available for your Product, you may view, download, print, email and use one copy of individual pages of the Product and Content for your own personal purposes or your own business only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Product or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using a Product or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in a Product Content shall constitute infringement.
You must receive our written permission before using any of our Products or Content for your own commercial use or before sharing with others.
You are strictly prohibited from uploading or distributing Content to any website, platform, software, or database where it could be accessed or replicated by ChatGPT or other artificial intelligence technologies.
The trademarks and logos displayed on the Products or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
c. Unauthorized Use
Your use of the Content or any intellectual property owned by the Company other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). In the event of your Unauthorized Use, you agree to pay liquidated damages of five (5) times your Product Fees within the preceding 12 months, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old.
You consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company in connection with a Product that may contain you, your voice and/or your likeness. You grant the Company permission to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you or in which you appear (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. You agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future website or Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our website or in our Content at any time for any reason. You consent to the Company disclosing Your Material to an accrediting or other governing or certifying body or organization if it is requested or necessary to do so.
e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE using it by sending an e-mail to support@jayshettycoaching.com.
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Products and Content.
13. Intellectual Property Rights
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. You agree to post comments or other material only one time.
Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. The Company encourages participants to engage in respectful dialogue and support one another with words of encouragement, resources or suggestions, while respecting others’ boundaries.
The Company does not tolerate nor support discriminatory speech, hate speech, comments, or actions against another member or participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
The Company does its best to create a safe and welcoming space, however, Company cannot guarantee that all participants will follow these guidelines. In its sole discretion, the Company may delete or modify, in whole or part, any comments, posts, content or materials. However, the Company does not have a duty to review all comments, posts, content and material shared in connection with its Products. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
The Company may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these TOU.
You are strictly forbidden from the following:
- Harassing, fighting with, or being disrespectful to other Program Students or Company team members
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website or third-party forums or platforms operated by the Company
- Sharing private or proprietary information from other Program Students with anyone else
- Violating the rules posted in any private forum, whether hosted by Company or on a third-party site
- Infringing on any third party’s copyright or other intellectual property rights
The Company may immediately and permanently terminate your access to the Products and Content, and/or your Certification License and Benefits, without refund, if, in the Company’s sole discretion, your conduct violates these TOU in any way or if the Company receives credible evidence that you (i) are not coaching consistent with the Certification Program’s principles or (ii) have engaged in conduct that is abusive, threatening, harassing, legally discriminatory, or otherwise illegal.
14. Spam, Unsolicited Outreach and Official Information Source
We strictly prohibit the solicitation or advertising of content, goods, services, free programs, webinars, or information not provided by the Company. Any form of unsolicited communication, including private messages or emails without permission, is considered spam and a breach of our privacy policy.
Any form of self-promotion, marketing, or advertising is not permitted within our Products. We strive to maintain a focused and growth-oriented environment for all members.
We do not endorse any community group/s outside of our official Program platform. All official and up-to-date information, guidelines, and guidance are exclusively available on our platform. We do not endorse or support any external community group, or individual claiming affiliation with the Company as a liaison, mentor, supervisor or asking for payment to join.
15. Confidentiality
Your relationship with the Company is not legally bound by confidentiality and your communications with the Company are not covered by any privilege. Nevertheless, the Company agrees to keep all of your coaching sessions, self-evaluations, and coursework confidential except when disclosure is required by law, by OTHM, or by an accrediting body. You agree that your name and email address may be disclosed to accrediting bodies, such as the Association for Coaching (AC).
Confidential information does not include information that was in the Company’s possession prior to your participation in the Program, is generally known to the public or in your circle of family and/or acquaintances, or the Company is required by law to disclose.
You agree to keep all information you learn about other participants, their businesses, or clients (as applicable) strictly confidential except in very rare circumstances where disclosure is required by law. You may not record or use artificial intelligence transcription services on any Company calls, webinars or workshops. Any recording or transcription apps will be denied access to or removed from sessions.
If you share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website or any third-party forums operated by the Company, your participation in our Products, access to the Content, and/or Certification License and Benefits may be immediately terminated without refund.
The Company shall not be liable for the disclosure of any of your information by another Program participant.
The Company may record Program calls and share them, in whole or in part, in the Program, on the Company’s website, or on third-party forums operated by the Company.
16. Username and Password
To access certain Product features, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material to any other person, the Company may suspend or terminate your account and deny your current and future use of Products or Content, in whole or part, or terminate your Certification License or Benefits, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
17. Termination
The Company reserves the right in its sole discretion to refuse or terminate your access to the Products or Content, or terminate your Certification License or Benefits, in full or in part, at any time without notice.
The Company may terminate your access to the Products or revoke your Certification License and Benefits at any time, without refund, if you breach any part of these TOU.
In the event of cancellation, termination, or revocation, you are no longer authorized to access the Products, Content, Certification License or Benefits affected by such cancellation, termination or revocation. The restrictions imposed on you in these TOU with respect to the Products, Content, Certification License or Benefits will still apply now and in the future, even after termination by you or the Company.
18. Assumption of Risk, Release, Disclaimers
a. You acknowledge that, by using the Products, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with the Products, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total Product fees you paid to the Company in the preceding 12 months.
b. You are not covered under any Company insurance policy.
c. The Products and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. The Products and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Products or Content.
d. Earnings and Results Disclaimer: You agree that the Company has not made, and does not make, any representations about the earnings or results you may receive as a result of your use of the Products or by achieving certification. The Company cannot and does not guarantee that you will achieve any particular result or earnings by using the Products or achieving certification, and you understand that results and earnings differ for each individual.
e. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
f. The Company tries to ensure that the availability and delivery of the Products and Content are uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although we will try to limit the frequency and duration of such suspension or restriction.
g. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PRODUCTS AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM, ITS CONTENT, OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
h. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS, CONTENT, OR THIRD-PARTY MATERIALS, GOODS OR SERVICES, MADE AVAILABLE THROUGH THE PRODUCTS.
19. Security
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with the Company are done at your own risk.
20. Legal Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to its conflict of laws principles.
In the event of any legal dispute under this Agreement (“Dispute”), you or the Company must give the other a written statement (a “Notice of Dispute“) that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution.
You must send any Notice of Dispute by first class mail to 108 Coaching, LLC, 16255 Ventura Blvd, Ste 900, Encino, CA 94136 and also via email to support@jayshettycoaching.com.
The Company will send any Notice of Dispute to you by first class mail to your mailing address if you have provided it to us, or otherwise to your email address.
The Company and you will attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days after the date the Notice of Dispute is sent.
Any Dispute which has not been resolved by negotiation within sixty (60) days, or such time period as the Company and you may otherwise agree, will be finally resolved by binding arbitration. You are giving up the right to litigate (or participate in (as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final. The place of arbitration will be Los Angeles County, California. The arbitrator’s decision will be written and binding on the parties and any court with jurisdiction over the parties may
enforce the arbitrator’s award.
Any arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules in effect at the time such arbitration is initiated. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by AAA is unavailable, the Company and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service will apply the AAA Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief to you only individually, and only to the extent required to satisfy your individual claim. The arbitrator has the power to award attorney’s fees and costs to the prevailing party, which will be part of the arbitration award. The arbitrator’s decision will be a written reasoned opinion, binding on the parties, and may be entered in any court of competent jurisdiction.
If any Dispute cannot by law be resolved by binding arbitration, you agree that such Dispute will be filed only in the state or federal courts in and for Los Angeles County, California, and the Company and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action.
Notwithstanding the parties’ agreement to negotiate then arbitrate, the Company may immediately apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
21. Class Action Waiver
The parties agree that (i) no arbitration proceeding hereunder, whether a consumer dispute or a business dispute, may be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other purchasers, or potential purchasers or persons similarly situated, and (ii) no arbitration proceeding hereunder may be consolidated with, or joined in any way with, any other proceeding. THE PARTIES AGREE TO ARBITRATE ANY DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
The parties hereby irrevocably waive, to the fullest extent permitted by applicable
law, any and all right to trial by jury in any proceeding arising out of or relating to this Agreement, any document incorporating this Agreement, or the transactions contemplated hereby.
22. Users Outside United States
The Company offers its Products from offices in the United States. The Company does not represent that the Content or Products are appropriate or available for use in other locations. People who choose to access the Products or Content from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
23. Indemnification
You agree to defend, indemnify, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Products or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available through the Products or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
24. Force Majeure
The Company will not be deemed to have breached these TOU for any delay or failure in performance caused by events out of its reasonable control, including: acts of God or a public enemy; natural disasters or calamities; epidemic; pandemic; failure of a third party to perform; changes in the laws or regulations; actions or executive orders of any civil, military or regulatory authority; power outage or other disruptions of communication methods; or any other cause that is out of the Company’s reasonable control.
25. Entire Agreement; Modifications
You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of California. If any portion is held invalid, it will be severed and the balance shall continue in full legal force and effect. These TOU are the entire agreement of the parties, reflects our complete understanding with respect to the subject matter, and supersedes all prior written and oral representations.
The Company may change, modify or update these TOU at any time. Any access or use of the Products or Content by you after the Company publicly posts or distributes such changes shall constitute consent to such modifications. If you refuse to accept any updated TOU, the Company may terminate your access to its Products.
If you have any questions or concerns about these TOU, contact support@jayshettycoaching.com.
Updated on May 9, 2025