Terms & Conditions

Eligibility

The Site and Services are intended for individuals who are at least 18 years of age. By using the Site or Services, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

Services

Clearly Communicate provides:

• Executive coaching
• Leadership coaching
• Communication coaching
• HR consulting
• Team training
• Workshops
• Webinars
• Retreats
• Speaking engagements
• Digital products
• Memberships
• Online courses

Specific programs and engagements may be subject to additional written agreements, program terms, or event waivers, which will control in the event of a conflict with these Terms as to that program or engagement.

No Guarantee of Results

You acknowledge that results depend on numerous factors beyond our control, including your own effort, circumstances, and market conditions. We make no guarantees regarding:

• Business outcomes
• Revenue increases
• Promotions
• Employment opportunities
• Leadership advancement
• Organizational results
• Personal performance outcomes

Any examples, case studies, or testimonials are illustrative only and do not promise or predict your results.

Professional Disclaimer

The Services are educational and consultative in nature. Nothing provided through the Site or Services constitutes:

• Legal advice
• Medical advice
• Mental health diagnosis or treatment
• Therapy or counseling
• Financial or investment advice
• Tax advice

Coaching is not a substitute for professional advice from qualified, licensed practitioners. You should consult qualified professionals regarding legal, medical, mental health, financial, and tax matters.

Client Responsibility

You remain solely responsible for:

• Decisions you make
• Actions you take
• Implementation of recommendations
• Outcomes resulting from your participation

Confidentiality

Clearly Communicate strives to maintain the confidentiality and security of client, participant, and organizational information disclosed during coaching, consulting, training, workshops, retreats, webinars, and related Services. We implement commercially reasonable administrative, technical, and physical safeguards designed to protect confidential information from unauthorized access, disclosure, alteration, or destruction.

Notwithstanding these efforts, no method of electronic transmission, cloud storage, email communication, internet-based platform, or data storage system can be guaranteed to be completely secure, and we cannot guarantee absolute confidentiality or security of information transmitted electronically. You acknowledge the inherent risks associated with electronic communications and third-party technology platforms, including email providers, cloud storage providers, learning management systems, scheduling platforms, payment processors, and video conferencing services.

Clearly Communicate shall not be liable for unauthorized access to, disclosure of, loss of, theft of, corruption of, or destruction of data resulting from events beyond its reasonable control, including cyberattacks, hacking incidents, malware or ransomware attacks, internet service interruptions, third-party platform failures, telecommunications failures, acts of God, natural disasters, government actions, utility failures, or security breaches affecting third-party vendors. Nothing in this section limits our obligation to implement commercially reasonable security measures or to comply with applicable privacy and data protection laws, and nothing in this section limits any liability that cannot be limited under applicable law.

In addition, confidentiality may be limited by legal requirements, court orders, threats to safety, or information you voluntarily disclose publicly. Group programs, workshops, and retreats involve other participants; while we ask participants to respect one another's confidentiality, we cannot control and are not responsible for disclosures made by other participants.

Intellectual Property; Limited License

All content provided through the Site and Services is owned by Jenks Enterprises LLC or licensed to the Company, including coaching materials, frameworks, methodologies, presentations, videos, course content, downloads, worksheets, training materials, and website content (collectively, "Materials").

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Materials for your personal or internal business use only. No Materials may be copied, reproduced, distributed, sold, shared, publicly displayed, used to create derivative works, used to train artificial intelligence systems, or otherwise exploited without our prior written permission. All trademarks, logos, and service marks displayed on the Site are our property or the property of their respective owners. Any unauthorized use terminates the license granted in this section.

User Accounts

If account access is made available, you are responsible for maintaining the security and confidentiality of your credentials and for all activities occurring under your account. You agree to notify us promptly at [email protected] of any unauthorized use of your account. Accounts are personal to you; sharing login credentials or program access with others is prohibited unless your purchase expressly includes multi-user access.

Acceptable Use

You agree not to:

• Use the Site or Services for any unlawful purpose
• Interfere with or disrupt the Site, servers, or networks
• Attempt to gain unauthorized access to any portion of the Site, other accounts, or systems
• Scrape, harvest, or collect information about other users
• Upload viruses or malicious code
• Impersonate any person or entity
• Record, reproduce, or redistribute live or recorded sessions without our written permission
• Harass, abuse, or harm other participants in group programs, events, or online communities

We may suspend or terminate access for violations of this section.

Testimonials

Testimonials on the Site represent individual experiences and opinions of actual clients and do not guarantee, promise, or predict future results. Where any person providing an endorsement has received compensation or free services, that material connection will be disclosed in accordance with the Federal Trade Commission's Endorsement Guides.

Payment Terms

Fees are due according to the terms presented at purchase or in the applicable written agreement. You authorize us and our payment processors to charge your selected payment method for all fees you incur. You are responsible for applicable taxes. Late or failed payments may result in suspension of services, removal of access, collection efforts (including reasonable collection costs where permitted by law), or legal action.

Memberships, Subscriptions, and Automatic Renewal

Some Services, such as memberships and certain online programs, are offered on a recurring subscription basis. For any automatically renewing purchase, the following terms apply, consistent with the federal Restore Online Shoppers' Confidence Act, Washington law, and California's Automatic Renewal Law:

• Clear disclosure: Before you purchase, we will clearly and conspicuously disclose the subscription price, billing frequency, the length of any promotional or trial period and the price that applies after it ends, that the subscription continues until you cancel, and how to cancel.
• Affirmative consent: We will obtain your express affirmative consent to the automatic renewal terms, separate from the rest of the transaction, before charging your payment method.
• Confirmation: After purchase, we will send you an acknowledgment that includes the automatic renewal terms and cancellation instructions.
• Easy cancellation: You may cancel at any time, at no additional charge, using the same medium you used to subscribe — including an online cancellation method (such as a cancellation link in your account or in our emails) — or by emailing [email protected]. Cancellation takes effect at the end of the current billing period unless otherwise stated, and you will retain access through the end of that period.
• Renewal reminders: Where required by law, we will send reminders before renewal, including annual reminders identifying the product, the renewal frequency and price, and how to cancel.
• Price changes: We will notify you in advance of any change to your subscription price and, where required by law, obtain your consent; you may cancel before the change takes effect.

Refunds

Refund policies are governed by the specific agreement, offer page, or program terms associated with each program, course, event, retreat, membership, or service. Unless otherwise stated in writing, all purchases are non-refundable. Nothing in this section limits any non-waivable refund or cancellation rights you may have under applicable law, including the laws of your state of residence.

Retreats, Events, and Workshops

Participation in in-person retreats, events, and workshops involves inherent risks, including risks associated with travel, physical activities, and venue conditions. To the fullest extent permitted by law, you voluntarily assume all risks associated with attendance, and Clearly Communicate shall not be liable for injuries, losses, travel disruptions, or other damages arising from participation, except to the extent caused by our gross negligence or willful misconduct or as otherwise required by law.

Separate event waivers, health acknowledgments, or registration terms may be required as a condition of attendance. Event-specific cancellation and transfer policies will be stated in the applicable registration terms.

Disclaimer of Warranties

Limitation of Liability

Indemnification

You agree to indemnify and hold harmless Jenks Enterprises LLC and its owners, employees, contractors, affiliates, and representatives from and against claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Site or Services
• Your violation of these Terms
• Your violation of any law or the rights of any third party

This section does not apply to the extent a claim arises from our own gross negligence or willful misconduct, and does not require you to indemnify us where prohibited by applicable law.

Electronic Communications and Signatures

By using the Site or Services, you consent to receive communications from us electronically, including by email, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing, consistent with the federal E-SIGN Act. You may withdraw consent to electronic communications by contacting us, though doing so may limit our ability to provide certain Services.

Notice to California Users

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following notice: the Site and Services are provided by Jenks Enterprises LLC dba Clearly Communicate, 510 Lakeway Drive, Bellingham WA 98225, [email protected].

Complaints regarding the Site or Services, or requests for further information, may be directed to us at that address or email, or to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Washington, without regard to conflict of law principles, except that if you are a consumer residing in another state, you retain any non-waivable rights and protections afforded by the laws of your state of residence.

The parties agree to first attempt in good faith to resolve any dispute informally by contacting one another, and to negotiate in good faith for at least 30 days before commencing litigation. Except as provided below, any legal action arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Washington State, and the parties consent to personal jurisdiction and venue there.

Either party may instead bring an individual claim in small claims court in a jurisdiction where venue is proper. Nothing in this section prevents a consumer from bringing claims in a forum required by non-waivable applicable law. Any claim must be commenced within one year after it accrues, unless a longer period is required by applicable law.

Modifications to These Terms

We may modify these Terms from time to time. The "Last Updated" date above reflects the most recent revision. For material changes, we will provide reasonable advance notice, such as by posting a notice on the Site or emailing registered users. Changes apply prospectively; your continued use of the Site or Services after the effective date of updated Terms constitutes acceptance of the changes. If you do not agree to updated Terms, you must stop using the Site and Services.

General Provisions

• Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.
• Waiver: Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Entire agreement: These Terms, together with our Privacy Policy and any program-specific written agreements, constitute the entire agreement between you and us regarding the Site and Services.
• Force majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
• Survival: Sections that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) survive.

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