By purchasing a subscription with 2483573 Alberta Ltd., Your Limits Lifted, Follow Drip, and the team ("us", "we", or “our”) through app.followdrip.com and yourlimitslifted.com (our “Website"), you agree to be bound by the terms of this Your Limits Lifted Subscription Agreement (this “Subscription Agreement”), including our Website’s Terms and Conditions and Privacy Policy (all three documents are collectively, the "Agreement"), including any renewal and cancellation terms herein. If you do not agree to be bound by this Subscription Agreement, do not proceed with your subscription order. Please retain a copy of this Subscription Agreement, which will be e-mailed to you along with your subscription order. For greater certainty, this Subscription Agreement, our Website’s Terms and Conditions, and our Privacy Policy are to be all read in conjunction with each other.
For Clients located in Canada, all dollar amounts referred to in this Subscription Agreement shall be in Canadian Dollars.
For Clients located in the United States of America, all dollar amounts referred to in this Subscription Agreement shall be in United States Dollars.
This Subscription Agreement is dated July 1, 2024.
By purchasing a subscription, you unequivocally agree to the following:
1. Follow Drip Subscriptions
Our subscriptions provide tiered pricing for different levels of subscriptions and products based on the subscription you choose to use. In addition to a subscription, you may purchase add-in products, including email and telephone services, for a one-time fee or recurring subscription fees. Fees may change from time-to-time at our sole discretion.
Upon agreeing to purchase a subscription, your method of payment will be charged the monthly rate for that level of subscription plus taxes.
YOU GIVE US CONSENT TO AUTOMATICALLY CHARGE YOUR METHOD OF PAYMENT THAT WE HAVE ON FILE IN ACCORDANCE WITH THE PAYMENT FREQUENCY OF YOUR PLAN.
You also agree to cancel your subscription in accordance with section 8 “Cancellation Policy” below.
For residents of Québec, any annual payment will not automatically continue, and you must reactivate your subscription each year.
2. Email and Telephone Services
If you have chosen a subscription level that includes telephone and/or email services, a prepaid amount of $15 will be charged to your payment method for communication surcharges we actually incur as a result of communicating with you through our Website, email, or telephone. When the balance falls below the minimum balance, your method of payment on file shall be charged to replenish the prepaid amount.
YOU GIVE US CONSENT TO AUTOMATICALLY CHARGE YOUR METHOD OF PAYMENT THAT WE HAVE ON FILE IN ACCORDANCE WITH THE AGREEMENT.
3. Acceptance of Subscription
Except in Québec, the descriptions of our subscription options on our Website are invitations for you to make an offer to purchase. Once you purchase a subscription, we will e-mail you a confirmation to the e-mail address that you provide for the purpose of us sending notices to you. Your subscription request will only be accepted once payment has been processed.
We reserve the right to accept or reject your subscription request. We also reserve the right to cancel a subscription request for any reason, even if payment has already been made.
4. Payment
In the subscription agreement, you will be provided with a summary of the subscription you are purchasing including any add-ons, its price, and a list of all additional charges.
During the check-out process for all invoices for set up fees or subscriptions, you will be asked to confirm your order at the end of the check-out process.
By agreeing to the subscription agreement and providing a payment method to pay the first invoice, you agree to pay us the amounts owed and to adhere to the terms of the Agreement. The amounts owed will be charged to the payment method you entered. You may pay using either credit or debit card.
If your payment is declined or reversed for any reason, your order will be cancelled.
5. Customization
If your add-ons include a webpage(s), since your subscription grants you access allowing certain customizations to the webpage we produce for you through our Website, any alterations and customizations by you that causes your webpage to fail or malfunction, any technical support by us and financial loss shall be solely borne by you.
6. Customization & Fees
2483573 AB Ltd offers personalized customization services for the coaching agreement template and other documents provided within our software platform. These customization services are available to all subscribers upon request.
Customizations may include, but are not limited to, modifying specific clauses, adding new sections, adjusting language to reflect specific coaching practices, or tailoring the document to comply with local regulations. The exact scope of customizations will be agreed upon before work commences. Personalized customization services are billed at a rate of $75 (USD) per hour. This rate is subject to change, but any changes will be communicated to subscribers in advance.
6.1 Time spent on customizations will be rounded to the nearest 15-minute increment.
6.2 An estimate of hours required will be provided before work begins on any customization project.
6.3. Payment for customization services is due upon completion of the work and before the delivery of the customized documents.
6.4 We reserve the right to request a deposit or prepayment for larger customization projects.
The estimated turnaround time for customizations will be provided along with the time estimate. Actual completion time may vary based on the complexity of the request and current workload. While we strive to provide accurate and helpful customizations, 2483573 AB Ltd is not a law firm and does not provide legal advice. The customization service does not replace the need for review by a qualified legal professional in your jurisdiction. The limitations of liability outlined in our main legal disclaimer also apply to these customization services.
Any customizations made to our templates remain the intellectual property of 2483573 AB Ltd. Subscribers are granted a non-exclusive license to use the customized documents within their coaching practice.
Given the personalized nature of this service, refunds are not typically provided for completed customization work. One round of minor revisions is included in the initial customization fee. Additional revisions or significant changes may incur additional charges at the standard hourly rate.
7. Login Credentials
You are solely responsible for maintaining the confidentiality of your username and password (the “Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify us immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. We reserve the right to disable or suspend your access to the Website, your Login Credentials, and any other service we provide at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated the Agreement. Your account is non-transferable and you are obligated to take preventative measures to prohibit unauthorized users from accessing the Website. Any interruptions in the daily activities of your business, loss of income, missed scheduling, damages (monetary or otherwise), or claims you experience as a result of us suspending or disabling your account(s) or if an unauthorized user accessed your account or changed your Login Credentials, shall not affect your obligations to us under the Agreement, including the payment for your subscription, nor shall we be held liable for any such interruptions, losses, damages, or claims, subject to section 9.
8. Disclaimers of Warranties
The only express warranties or conditions are provided are those warranties that are described on this Website.
Some jurisdictions, such as Québec, do not allow us to limit implied warranties and conditions. If these laws apply to you, some or all of the following disclaimers may not apply.
To the fullest extent permitted by applicable laws, we disclaim all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose, durability and non-infringement), whether arising from statute, course of dealing, usage of trade or otherwise.
Without limiting the generality of the foregoing, we make no warranty that (a) our Website, its content or services will meet your requirements, (b) our Website content, services, or platform will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the content or services offered will be effective, accurate or reliable, or (d) the quality of our Website content or services purchased or obtained by you from us or our team will meet your expectations or are free from mistakes, errors, or defects.
You acknowledge that the internet and telecommunications providers’ networks are inherently insecure. Accordingly, you agree we are not liable for any changes to, interception of, or loss of your data while in transit via the internet or a telecommunications provider’s network.
Our Website could include technical or other mistakes, inaccuracies or typographical errors. Consequently, we may make changes to our Website’s content and services, including the prices and descriptions of any products or services listed herein, at any time without notice. The content or products available on our Website may be out of date, and we make no commitment to update such content or products.
Your use of our Website, its services or the downloading or other acquisition of any products or platform content through our Website is done at your sole discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Through your use of our Website and its services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge and agree that all transactions relating to any products or services provided by your or any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are solely between the seller or purchaser of such merchandise, product, or service and you.
We make no warranty regarding any transactions executed through a third party, or in connection with our Website, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any services or content available on or through our Website from a third party is provided solely by such third party, and not by us.
We reserve the sole right to either modify or discontinue our Website, including any services or features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure and the addition of free or fee-based services. Any new features that augment or enhance the then-current services on our Website shall also be subject to the Agreement.
9. Image Disclaimer
By using the website templates provided, you agree to be solely responsible for ensuring you have the necessary rights and permissions to use any photographs, images, or other copyrighted content incorporated in your website.
You agree that you will thoroughly review and confirm the images, photos, and other media used in the website template do not infringe on any third-party copyrights prior to publishing the website.
You accept full responsibility for securing the appropriate licenses and permissions for all content used on their website. In the event of a copyright infringement claim, the client agrees to be liable for any associated legal fees, damages, or other costs incurred by 2483573 Alberta Ltd, its officers, directors, employees, agents, and affiliates.
In the event of a copyright infringement claim related to content used within a website built with our templates, you agree to indemnify and hold 2483573 Alberta Ltd harmless from any resulting damages, legal fees, or other costs.
Subscribers and end-users agree to indemnify, defend, and hold harmless 2483573 AB Ltd, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from the use of Template Images or any images used to replace them.
10. Template Disclaimer
The coaching agreement template (the "Template") provided within our software is intended to serve as a general guideline only. While the Template covers key areas such as scope of services, terms, fees, confidentiality, responsibilities, and liability, it is not exhaustive and may not address all potential legal issues or requirements specific to your coaching practice or jurisdiction. 10.2 Customization and Legal Review
We strongly advise that you customize the Template to meet your specific needs and have it reviewed by a qualified legal professional in your jurisdiction. Different jurisdictions may have specific requirements for service agreements, and the coaching industry may have particular standards or ethical guidelines that should be incorporated. 10.3 No Legal Advice
The provision of this Template does not constitute legal advice. We are not a law firm and do not provide legal services. The Template is not a substitute for the advice of a qualified legal professional. 10.4. Disclaimer of Warranties
The Templates provided "as is" without any warranties, express or implied. We do not warrant that the Templates will meet your specific requirements or that it will be error-free or compliant with the laws of your jurisdiction.
To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the Template. 10.6 Indemnification
You agree to indemnify, defend, and hold harmless 2483573 AB Ltd, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of the Templates.
By using our webpage templates, you acknowledge that you have read, understood, and agree to be bound by this Image Disclaimer.
11. Cancellation Policy
Subject to the time frames provided below, you may cancel your subscription with us at any time. Should you wish to cancel your subscription, you must provide written notice that (a) identifies your account and (b) requests cancellation of your subscription. Such cancellation will be effective upon our receipt of your notice and our determination that you are authorized to effect such cancellation. You acknowledge and agree that you are not entitled to any refund whatsoever. There are no cancellation fees. Please note that we do not place “holds” on subscriptions.
In order to cancel your subscription, you must do one of the following:
a. email us at [email protected] and indicate that you wish to cancel your subscription, and follow the instructions that we send in response; or
b. navigate to the “Contact” link on our Website and indicate on the online form that you wish to cancel your subscription.
The Agreement will remain in full force and effect while you use our Website and any of its services. Even after you are no longer a user of our Website, the provisions of this Subscription Agreement, that by their nature are intended to survive, will remain binding on you, including but not limited to sections 1, 2, 4, 6, 7, 8, 9, 10, and 12, our Website’s Terms and Conditions, and the Privacy Policy.
Notwithstanding the above, you agree that we may, in its sole discretion, suspend or terminate your access to our Website and any of its services (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to our Website and any of its services, and reporting you to the proper authorities, if necessary.
Upon termination and regardless of the reason(s) motivating such termination, your right to use our Website and any of its services will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
12. Limitations of Liability and Indemnification
Certain jurisdictions, such as Québec, do not allow the exclusions of damages. If these laws apply to you, some of the following exclusions of liability may not apply to you.
In no event will we be liable to you or any third party for an amount greater than the value of three (3) months of a subscription, exclusive of taxes, or for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) to you whether arising in connection with the use of this Website or the products thereof irrespective of whether your claim arises in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if we had been advised or had reasons to know of the possibility of such damages.
Without limiting the generality of the foregoing, we shall not be liable in any way for third party promises and/or statements regarding our Website and its services or for assistance in conducting commercial transactions with the third party through our Website, including without limitation the processing of orders.
You agree to defend, indemnify, and hold us harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of our Website or services (“Claims”), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or clients; (b) any breach of or default under the Agreement by you, your employees, agents, or clients; (c) the wrongful use or possession of our property by you, your employees, agents, or clients; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or clients; (e) misrepresentations by you, your employees, agents, or clients (f) violation(s) of applicable law by you, your employees, agents, or clients, (g) your actions and the actions of your employees, agents, or clients; (h) the acts or omissions of you, your employees, agents, or clients in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using our Website and its services, (i) taxes and other fees and/or (j) any disputes between you and other users, you and your client(s), and/or your clients.
If our Website and any of its services are, or in our opinion, likely to be, claimed to violate any third-party intellectual property right, at our option we may: (a) obtain the right for you to continue to use our Website and its services as contemplated by the Agreement; (b) modify or replace our Website and its services, in whole or in part, to seek to make our Website and its services non-infringing; or (c) require you to immediately cease any use of our Website and its services.
13. Applicable Law
The Agreement are governed by the laws of the Province of Alberta without reference to conflict of laws principles, unless the applicable laws of your province of residence require that the laws of such province govern, in which case, the laws of such province are to govern.
The exclusive jurisdiction for any claim, action or dispute with us will be in the courts of the Province of Alberta unless required otherwise by applicable laws of your province of residence.
14. Dispute Resolution
Should a dispute arise, you agree to negotiate in good faith to find a resolution. If a resolution is not reached within 90 days (or such longer period as agreed), than anyone may request the utilization of the services of a professional mediator who is unaffiliated with you or us, and full cooperation shall be expected by the other party and costs shall be shared equally by you and us. Such mediation shall be concluded within thirty (30) days of such mediator's selection. Without limiting any of the rights of the parties, the mediation procedures herein must be exhausted prior to the pursuit of binding arbitration as specified below. All negotiations pursuant to any such mediation shall be considered confidential settlement discussions, and no party may offer into evidence, mention or otherwise use statements made in connection with such negotiations in any subsequent alternative dispute resolution or litigation proceeding.
Any dispute that is not settled to the mutual satisfaction of the parties pursuant to direct negotiation or professional mediation services as specified above shall be settled by binding arbitration conducted in Red Deer, Alberta (or such other location as may be agreed to by the parties to that dispute) and in accordance with the rules adopted by the Arbitration and Mediation Society of Alberta in effect on the date that a party gives notice of its demand for arbitration under this section. The submitting party shall submit such dispute to arbitration by providing a written demand for arbitration to each other party to the dispute, and the parties shall thereafter select a single neutral arbitrator with significant contract resolution experience. If the parties cannot agree on a single neutral arbitrator within fifteen (15) Business Days after the written demand for arbitration is provided, then the arbitrator shall be selected pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The decisions of the arbitrator shall be final and binding upon the parties in all respects and shall be the sole and exclusive remedy between the parties regarding any dispute submitted to arbitration pursuant to this section. Judgment upon any award may be entered and enforced in any court having jurisdiction over a party or any of its assets. Each party shall each bear the cost of preparing and presenting its own case. The cost of the arbitration, including the fees and expenses of the arbitrator, shall be sole responsibility of the losing party. The arbitrator shall be instructed to establish procedures such that a decision can be rendered within sixty (60) calendar days of the appointment of the arbitrator. All limitations of damages herein shall be binding upon the arbitrator. This Subscription Agreement and the rights and obligations of the parties shall remain in full force and effect pending the award in any arbitration proceeding hereunder. The arbitration conducted pursuant hereto shall be confidential. A party shall not disclose or permit the disclosure of any information about the evidence adduced or the documents produced by the other parties in the arbitration proceedings or about the existence, contents or results of the proceeding except as may be required by (a) law, rule, applicable regulation, interrogatories, subpoenas, civil investigative demands or other similar legal process, or (b) as required in an action in aid of arbitration or for enforcement of an arbitral award.
The obligation to mediate or arbitrate specified above shall not be binding upon any party with respect to (a) requests for preliminary injunctions, temporary restraining orders, specific performance or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration or other means, or (b) actions to collect payments not subject to a bona fide dispute.
15. Entire Agreement, Severability, and Notices
Our Website’s Terms and Conditions, this Follow Drip Subscription Agreement, and our Privacy Policy constitute our entire agreement with you.
Should any one or more of the provisions of these agreements be determined to be illegal or unenforceable or otherwise invalid, the same shall be severed but all other provisions shall nevertheless remain effective.
Any notices required or permitted to be given under these agreements or applicable laws may be given to you at the e-mail address you provided to us during your subscription request. Any notice given to you will be effective seven (7) days after we send the notice to you, irrespective of whether you receive it, or it is returned to us as undeliverable.