Program Agreement & Terms and Conditions of Use

Program Agreement

Please read this Program Agreement (“Agreement”) carefully. You must agree to this Agreement before you are permitted to participate in the Jay Shetty Certification School (“the Program”) and access any digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online or in person, private communities operated by 108 Coaching LLC d/b/a Jay Shetty Certification School, whether on a website hosted by Jay Shetty Certification School or a third-party website such as a social media or online course platform, in connection with the Program. 

If you do not agree to this Agreement, you may not use the Program.

As used in this Agreement, the term “Releasees” is defined to include the following: (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.   

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1. Students

All Program registrations will be confirmed via email. The Company, in its sole and absolute discretion, may accept or decline students to participate in the Program.

By participating in the Program, you represent and warrant that you are at least 18 years old. Some of the content in the Program may not be appropriate for children and the Company disclaims all liability for use by individuals under the age of 18.

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2. Fees

Before the Program begins, you agree to pay the Company the fees listed on your checkout page according to the 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 the Program and terminate your access to all its content immediately and permanently. If you bring any delinquent payments current, the Company, in its sole discretion, may permit you to rejoin your Program cohort or switch cohorts for a fee.   

If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program 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.

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3. Refunds

Your satisfaction with the Program is important to us. 

If you are unsatisfied with your purchase, 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. 

In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing the Program, the Company has a no refund policy. No refunds will be paid if your participation in the Program is terminated because you have violated this Agreement or the Program Terms of Use in any way. By using and/or purchasing our Program, 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.

Since we have a clear and explicit Refund Policy in this Agreement that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

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4. Assumption of Risk, Release, Disclaimers

a. You acknowledge that, by engaging with the Company for the Program, 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 your participation in the Program, 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 Program fees you paid to the Company.

b. You are not covered under any Company insurance policy. 

c. The Program and its content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. The Program and its 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 Program or its content.

d. Earnings and Results Disclaimer:  You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program or by achieving certification. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program 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 Program and its 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, of course, we will try to limit the frequency and duration of suspension or restriction.

g. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND ITS 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 PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.

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5. 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 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 (a “Notice of Dispute“). 

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 address if we have it, 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 written and 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.

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6. Class Action Waiver

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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.

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7. Entire Agreement; Modifications

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You expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the law of the State of California, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This Agreement, along with the Program Terms of Use, constitute the entire agreement of the parties and reflects their complete understanding with respect to the subject matter. This Agreement supersedes all prior written and oral representations.

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Program Terms and Conditions of Use

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Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to participate in the Jay Shetty Certification School (“the Program”) and access any digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private forums operated by 108 Coaching LLC d/b/a Jay Shetty Certification School (the “Company”), whether on a website hosted by Jay Shetty Certification School or a third-party website such as a social media or online course platform, in connection with the Program. 

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1. The Program 

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The Program includes three components: (1) online foundational coaching coursework, (2) self-study, and (3) coaching practice, followed by a final assessment. 

The Program is designed to be completed within 6 months. If you do not complete the Program within 8 months after beginning it, you may extend your Program for additional fees.

You may not use ChatGPT or any other artificial intelligence (AI) technologies to complete any Program assignments or fulfill any Program requirements.

The 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.

The Company reserves the right to modify the Program at any time. 

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a. Component 1 - Coursework

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The 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.

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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 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. 

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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 or miss any part of it, or if you do attend the call, and your display name does not match the same name you provided at enrollment and we are unable to 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 Program or required to pay a cohort switch fee of $800 to join a later cohort. 

Other calls, such as 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 submitted 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 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. 

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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 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 Program, have your account in good financial standing, and 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 a provided Assessment Preparation Guide. 

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2. Certification Benefits and License 

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If you successfully complete all of the Program requirements and are in compliance with these TOU, you will receive the following “Certification Benefits”:

• A digital Certificate of Completion
• A 1-year membership in the Jay Shetty Certified Coach Community
• 1-year inclusion in the Jay Shetty Certified Coach Website directory 

You will receive a digital Certificate of Completion within about a week after passing your final assessment, provided you have paid your Program fee in full. If you have passed your final assessment and are still making any payment(s) toward your Program fee, your Certificate 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 provide  your correct address with your order. The Company will not be responsible for physical certificates lost or mis-delivered.     

You will receive one year of access to the Certified Coach Community and access to your coursework as long as it is made available by the Company, but your access to the rest of the Program will be terminated. 

You will also 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 License and other benefits 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 Program’s coaching principles or violate these TOU in any way. 

Your Certificate of Completion is not a coach accreditation but may be applied toward individual accreditation with the Association for Coaching or a Level 7 International Postgraduate Diploma in Coaching and Leadership Development via OTHM.

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3. Coach Business Launchpad 

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After passing your Final Assessment, you will receive unique one-time access to the Coach Business Launchpad program. This program access begins after the Final Assessment deadline and is open for a total of 6 weeks. 

Accountability group calls are facilitated during the first 4 weeks. These calls are not mandatory. One-to-one support is not provided. You may attend all, some, or none of them.

You must dedicate at least an hour per day to watching videos and completing daily tasks to build your business. If you plan to attend live accountability calls, please allocate additional time for this. For example, if you plan to attend a call every day, you will need 2 hours total: 1 hour to attend the call + 1 hour to watch the video and do the task of the day. 

The accountability calls will end after 4 weeks, but the course content will remain available for a 2-week grace period. Upon expiration of the grace period, your program access, including accountability call replays, assignments, and message groups will be revoked.

The Company reserves the right to change or discontinue the Coach Business Launchpad at any time. 

The Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program, Coach Business Launchpad or by achieving certification. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program or achieving certification, and you understand that results and earnings differ for each individual.

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4. One-To-One Sessions 

If the Program you purchased includes one-to-one sessions with a Program Mentor, you will be assigned a Mentor by the Company. The Company will endeavor to assign the same Mentor to all your sessions.

You are responsible for scheduling your sessions using instructions provided by the Company. All sessions must be completed before your graduation. No refunds or transfers will be granted for any unused sessions or sessions cancelled with less than 24 hours advance notice.
If you suspend or reschedule your Program, you may not schedule a session until your Program resumes.  

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5. Special Consideration Policy

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Students must complete their program within 6 months after the date of their enrollment. If you cannot complete the 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 6-month Extension of your 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 Program and its Content (defined below). To resume the 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 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 Program after expiration of an Extension or Leave of Absence will be deemed to have voluntarily withdrawn from the Program and may be required to re-enroll in the Program and pay all required fees. 

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6. 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 Program 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.

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b. The Company’s Limited Program License to You

If you view, purchase or access the Program 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 in the Program, you may view, download, print, email and use one copy of individual pages of the Program 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 Program 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 the Program 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 the Program or Content shall constitute infringement.  

You must receive our written permission before using any of the Program 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 Program 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.

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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”). You agree to pay liquidated damages of five (5) times your total Program Fee in the event of your Unauthorized Use, 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.

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d. Your License to the Company; Use in Testimonials and Marketing.

By posting or submitting any material during the Program 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. 

The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, 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, if you grant this consent, 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. You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in the Program. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program. Course Materials or our Content at any time for any reason. 

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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 Program and Content.

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7. Your Conduct

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. 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. You agree to post comments or other material only one time

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. 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.

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You are strictly forbidden from the following:

• Harassing, fighting with, or being disrespectful to other Program Students, and Jay Shetty Certification School 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 

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The Company may immediately and permanently terminate your participation in the Program, your access to the 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 are not coaching consistent with the Program’s principles or have engaged in conduct that is abusive, threatening, harassing, legally discriminatory, or otherwise illegal.  

8. 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 in our community spaces. 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.

9. 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 Program Students, their businesses, or clients (as applicable) strictly confidential except in very rare circumstances where disclosure is required by law. Students may not record or use artificial intelligence transcription services on any Program calls, webinars or workshops. Any recording or transcription apps will be denied access to or removed from Program 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 the Program, access to the Content and/or Certification License and Benefits may be immediately terminated without refund. 

You agree that 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. 

10. Username and Password

To access certain features of the Program, 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 from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any 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.

11.  Live or In-Person Events 

If you participate in any live or in-person event offered by the Company, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, 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 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 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.
By participating in any event, 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. You release, covenant not to sue, and hold harmless
the Company, its subsidiaries, affiliated companies, owners, directors, officers, past and present employees, agents, coaches, mentors, supervisors, speakers, representatives, successors, assigns and volunteers (“Releasees”) 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 your participation in the event, 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.

12. Termination

The Company reserves the right in its sole discretion to refuse or terminate your access to the Program or Content, or terminate your Certification License or Benefits, in full or in part, at any time without notice. The Company may terminate your participation in the Program 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 part of the Program, Content, Certification License or Benefits affected by such cancellation, termination or revocation. The restrictions imposed on you in these TOU with respect to the Program, Content, Certification License or Benefits will still apply now and in the future, even after termination by you or the Company.

13. 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 Company are done at your own risk. 

14. Users Outside United States

The Company controls and operates the Program from offices in the United States. The Company does not represent that the Content or materials in the Program are appropriate or available for use in other locations. People who choose to access the Program 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.

15. Indemnification and Release 

You agree to defend, indemnify, release, 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 Program 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 on the Program 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.

16. 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 which would be out of the reasonable control of the Company.

17. 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, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. Along with the Program Agreement, these TOU are the entire agreement of the parties, reflects their complete understanding with respect to the subject matter, and supersede all prior written and oral representations.

The Company may change, modify or update these TOU at any time. Any access or use of the Program or Content by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about this Program Agreement or these TOU, contact support@jayshettycoaching.com.

Updated on May 1, 2024

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