Effective Date: 1 January 2020
Acceptance of Terms
2. Intellectual Property. The materials contained and accessible from and in this website or World Wide Web site, owned, operated, licensed, or controlled by The Baller Coachare the proprietary information of The Baller Coachor the party that provided the content to The Baller Coach. The Baller Coachor the party that provided the content to The Baller Coach retains all right, title, and interest to the content. The materials contained and accessible from and in this website or World Wide Web site, owned, operated, licensed, or controlled by The Baller Coachare copyrighted and may not be reproduced, distributed, republished, uploaded, posted or transmitted in any form, or by any means, without the express written permission of The Baller Coach, except as expressly provided in these terms and conditions or in the text on the website. You may download or purchase material displayed on the website for non-commercial personal use only, provided you retain all copyright and other proprietary notices contained in the materials. You may not, however, reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the content of this website for public or commercial purposes, including, without limitation, the text, images, blog posts, audio, and video, without the express written permission of The Baller Coach. We neither warrant nor represent that your use of materials displayed on the website will not infringe the rights of third parties not owned by or affiliated with The Baller Coach. Images of people or places displayed on the website are either the property of, or used with permission by, The Baller Coach. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the website are registered and unregistered Trademarks of The Baller Coachand other third parties that have authorized the use of such Trademarks on the website. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of The Baller Coachor the appropriate third party. Your use of the Trademarks displayed on the website, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited. You are also advised that The Baller Coachwill aggressively enforce its intellectual property rights to the fullest extent of the law.
3. Disclaimer. The Baller Coach makes no representations or warranties that this website is free of defects, viruses, Trojan horses, or other code,or harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or website’s computer systems. You have the sole responsibility for the adequate protection and backup of data and/or equipment used in connection with this website and you agree to hold The Baller Coach, its subsidiaries, affiliates, officers, directors, and employees harmless from, and you covenant not to sue us for any claims for lost data, work delays, lost profits resulting from the use of materials or content from this website, or any other claim arising from or related to this website. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. Use of the website is at the risk of the user. To the extent permitted by applicable law, this website is provided “as is”. Neither The Baller Coach nor any other party involved in creating, producing, or delivering the website is liable for any direct, special, incidental, consequential, indirect or punitive damages arising out of access to, or use of, any part of the website including, without limitation, lost profits or revenues, costs of replacement goods, loss of damage to data arising out of the use or inability to use any part of this website, or damages resulting from the use of or reliance on the information present, even if The Baller Coach, or its suppliers have been advised of the possibility of such damages. Without limiting the foregoing, everything on the website is provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement or arising from a course of dealing, usage or trade practice. We do not in any way guarantee the quality, data content, artistic worth, or legality of information, content, goods or services that are transferred, received, purchased, or otherwise made available or obtained by way of this website. We do not warrant that this website will be error-free or that or that any part of this website including the servers that make it available, are free of viruses, Trojan horses, or other code, or harmful components, or that defects will be corrected. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We assume no responsibility, and will not be liable for, any damages to, or viruses, Trojan horses, or other code, or harmful components that may infect computer equipment or other property on account of your access to, use of, posting, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from the website. We are not responsible for any items you purchase on the website through third party vendors.
This website offers health, wellness, fitness, and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this website. The use of any information provided on this website is solely at your own risk. Nothing stated or posted on this website or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
Neither The Baller Coach nor its owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers, and agents are financial advisers. Nothing contained on the website is intended to be or to be construed as financial advice. The Baller Coachis not an investment advisory service, is not an investment adviser, and does not provide personalized financial advice or act as a financial advisor. The website exists for educational purposes only, and the materials and information contained herein are for general informational purposes only. The education and information presented herein is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You are encouraged to discuss any opportunities with your attorney, accountant, financial professional or other advisor.
5. Limitation on Liability. The Baller Coach, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if company has been advised of the possibility of such damages. In no event will the collective liability of The Baller Coach and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid to company for the applicable content, product or service..
6. Availability of Products and Services. The information provided at this website is published throughout the world. We manage this website from its facilities in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.
7. Daily Prime SMS Subscription Service. The Baller Coach reserves the right to execute the Daily Prime program from between zero to seven days of the week, and/or decrease, delay, suspend or discontinue the Daily Prime program at its absolute sole discretion.
The Baller Coach reserves the right, in its absolute sole discretion, to offer the Daily Prime program to customers with different levels of content value, and offer any customer, the opportunity to upgrade and pay a fee for the Daily Prime program, with different levels of content value.
9. User Content. You hereby grant to The Baller Coachthe royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to The Baller Coachthrough this website (together, hereinafter “Communications”), other works in any form, media, or technology now known or later developed including e-mails to The Baller Coachor its agents or representatives, or postings on interactive portions of this website, shall be deemed and shall remain the property of The Baller Coach. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. The Baller Coachis free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future The Baller Coach operations. . By submitting Communications to us through this website, through email, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE The Baller Coach, its subsidiaries, affiliates, officers, attorneys, directors, and employees from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or The Baller Coach’ agents or representatives, you hereby grant The Baller Coach, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded Communications have been waived.
You may not post, send, submit, publish, or transmit in connection with this website any material that:
(a) you do not have the right to post, including proprietary material of any third party
(b) advocates illegal activity or discusses an intent to commit an illegal act
(c) is vulgar, obscene, pornographic, or indecent
(d) does not pertain directly to this website
(e) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive
(f) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise
(g) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity
(h) violates any law or may be considered to violate any law
(i) Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content
(j) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this website
(k) solicits funds, advertisers or sponsors
(l) includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
(m) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this website
(n) includes MP3 format files
(o) amounts to a ‘pyramid’ or similar scheme
(p) disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this website
(q) contains hyper-links to other sites that contain content that falls within the descriptions set forth above
11. Products, Services, and Software. A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by The Baller Coachor John Assaraf of that product, service or publication. Products offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product. Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by The Baller Coach or its owner. Software may not be copied, redistributed, or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.
13. Claims of copyright infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by The Baller Coach infringe your copyright, you, or your agent may send to The Baller Coach a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon The Baller Coachactual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to The Baller Coach a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
15. Class Action Waiver. Disputes will be resolved with us on an individual basis only, and you may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. The arbitrator may not consolidate more than one person’s claim(s), and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Refund Policy and Terms & Conditions of Sale
180 Method to Mastering Life Group Coaching Program: If you are not satisfied with your program, a refund may be issued within 30 days of the purchase date.
If you have any questions regarding this policy, please request more information through our Contact Us page prior to ordering!
Contact. If you have any questions regarding this policy, please contact us through our Contact Us page.
Please read this agreement carefully and save it. If you do not agree with it, you should leave The Baller Coach website and discontinue use of the Services immediately.
This Agreement sets forth the legally binding terms for your purchase of The Baller Coach products and/or services, including use of The Baller Coach website(s) and membership (collectively, “The Services”). This is a legally binding agreement between you and The Baller Coach. By signing, clicking the “accept” button, or by using the Services, you agree to be bound by this agreement.
Payment and payment plans. Products, programs and services may be purchased for varying time periods, and will be indicated on your order form. Actual payment terms and conditions may vary. At the expiration of your membership term, you may continue for additional fees. You agree to pay the amount agreed upon on your order form and not to cancel this transaction with your bank or credit card company.
The Baller Coach is not responsible for any overdraft charges, over limit charges, or non-sufficient fee fees by your bank or credit card company. Fees for Services may be prepaid or by installment, as indicated on your order form or agreed upon via email with The Baller Coach.
Unfortunately, The Baller Coach cannot guarantee that you will become or remain happy, rich, healthy, or successful. (However, we do want this for you)
If you purchase and program, product, or service from The Baller Coach, you agree to pay us the applicable fees in full, regardless of payment options or use of product. Failure to pay these fees will result in the termination of your paid services or programs and subject to collections.
Also, you agree that:
• Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
• We may store and continue billing your payment method (e.g. credit card) even after it has expired.
• If you purchase an online, physical product, program or service, your payment method will automatically be charged at the start of each monthly finance period for the fees and taxes applicable to that finance plan period.
• If you purchase a membership, your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period. To suspend or cancel your membership, contact our client care team at firstname.lastname@example.org or call (858) 227-4971.
• All of your purchases of Services are subject to The Baller Coach’s Refund Policy listed above.
You may view the Terms and Conditions of Sale of your contract at http://www.myneurogym.com/terms-and-conditions-of-sale/ [need a different link].
To cancel, contact our client care team at email@example.com or call (858) 227-4971.
Term. This Agreement will remain in force and effect until the end of the term indicated on your order form. Failure to pay required fees may result in The Baller Coach terminating the Agreement prior to the end of the term, and discontinuing your access to The Baller Coach Services. Your use of the Services after your termination may extend the term of this Agreement and may cause you to incur additional fees.
Medical Disclaimer. The Baller Coach and its employees and agents are not responsible for any physical or non-physical damage imagined, perceived, or otherwise sustained as a result of the use of the Services or any of the content contained in or provided on The Baller Coach websites. Use the content in the Services at your own risk.
Relationship. Nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint venturers, co-owners or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.
Modification. The Baller Coach may modify this Agreement from time to time and such modification shall be effective upon posting on the The Baller Coach Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Assignment. You may not, without the prior written consent of The Baller Coach, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material default of this Agreement and shall be void. The Baller Coach’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by The Baller Coach.
Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
Governing Law. This Agreement shall be interpreted according to the laws of the State of California without regard to or application of choice-of-law rules or principles.
Waiver. No failure of either party to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches.
Severability. In the event any provision of this Agreement is held by a court of other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they begin negotiations for a suitable replacement provision.
Force Majeure. If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party’s reasonable control, including, without limitation, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”) the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from the payment of any sums of money owed by you to The Baller Coach; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
Construction. This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof. Remedies. Except as provided herein, the rights and remedies of The Baller Coach are set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.
Binding Effect. This Agreement shall be binding upon and shall insure to the benefit of the respective parties hereto, their respective successors-in-interest, legal representatives, heirs and assigns.
Damage Waiver. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER SIMILAR DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEUROGYM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NEUROGYM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
Non-Use of Praxis Now’s and/or The Baller Coach’s Name. You shall not, in the course of performance of this Agreement, or thereafter, use The Baller Coach or Alejandra Crisafulli’s name in any advertising or promotional media.
Intellectual Property. The materials provided as part of your membership are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of The Baller Coach. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post or use the content of the materials for public or commercial purposes without the express written permission of The Baller Coach. The trademarks, logos and service marks (collectively the “Trademarks”) displayed on the materials are registered and unregistered Trademarks of The Baller Coach and other third parties that have authorized the use of such Trademarks on the Website. Nothing contained in the materials or on the The Baller Coach website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of The Baller Coach or the appropriate third party. Your use of the Trademarks displayed on the materials, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited.
Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to the exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, county of San Diego. Either The Baller Coach or you may demand that any dispute between you and The Baller Coach about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, California, USA. The foregoing shall not prevent The Baller Coach from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. Your indemnity applies only to the following limited circumstances: claims arising out of this Agreement, your use of the Services, a breach of this Agreement, any breach of your representations and warranties set forth above, and/or if any content that you post using the Services causes The Baller Coach to be liable to another. In these circumstances, you agree to indemnify and hold The Baller Coach, its subsidiaries and affiliates, and their officers, agents, attorneys and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by you or any third party.
Voidability. The Services are not just a software package, so simply not logging into a members’ website does not void any part of this agreement. In addition, not using the products or services as they are intended, not using the brain training technology, and/or not downloading the products and services available to you during your membership will not void any part of this agreement or entitle you to a refund.
Entire Agreement. This Agreement represents the entire understanding relating to the Services and prevails over any prior or contemporaneous, conflicting or additional communications. In order to participate in certain Services, you may be notified that you may be required to agree to additional terms and conditions. You may receive a copy of this Agreement by emailing The Baller Coach at firstname.lastname@example.org.
Contact. If you would like to contact a The Baller Coach customer service representative, please email email@example.com.
Acceptance of Precautions & Disclaimer
Precautions & Disclaimer. Precautions & Disclaimer Although these audios are gentle enough to be used by most people, there are a number of factors you need to be aware of when listening to these audios. Please read the following carefully. Listening to the audio files can affect your state of consciousness, even if you are not immediately aware of these changes. This technology may impede your ability to focus, so do not use while driving a vehicle or operating any equipment or machinery.
Disclaimer. By downloading, listening to, watching, reading and using this technology, you agree that you are fully responsible for your own actions. In no way are Alejandra Crisafulli and The Baller Coach, their affiliates, partners or associates responsible (financially or otherwise) for any physical or non-physical damages or “side effects” imagined, perceived or otherwise, whether intended or unintended, as a result of the coaching program, her websites, or any other related content.
Copyright Notice. This program is copyrighted by Alejandra Crisafulli and The Baller Coach for personal use only. However, please do not share, duplicate or transmit this audio in part or in its entirety for any reason aside from your own personal use.