Terms & Conditions

Last updated: March 15, 2023 Custom Case Coach, LLC (collectively, “Custom Case Coach”, "us", "we", or "our”) provides (1) the Custom Case Coach website located at www.customcasecoach.com, and all associated sites linked to www.customcasecoach.com (collectively, the “Website”), (2) paid digital products, including cases, courses, drills, e-books, and other digital materials (collectively, the “Product”), and (3) paid services, including resume and cover letter review, one-to-one coaching sessions, live or recorded group training sessions, workshops, intensives, or bootcamps (collectively, the “Services”). The Website, Product, and Services together are collectively known as the “Platform”. These Terms of Service (the "Terms") apply to all visitors, users, and others who access or use of the Platform. Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND CUSTOM CASE COACH. BY ACCEPTING THESE TERMS THROUGH THE WEBSITE OR BY ACCESSING AND USING THE PLATFORM (INCLUDING THE WEBSITES), YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PLATFORM.

1. GENERAL USE, TERM AND TERMINATION

1.1. General

Use. By using the Platform, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 16 years old (a “Minor”), that you are using the Platform with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Platform and Product and agree to its Terms.  If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Custom Case Coach if the Minor breaches any of these Terms.  If you are not at least 16 years old, you may not use the Platform at any time or in any manner.

1.2. Term and Termination

This Agreement shall remain in full force and effect while you use the Platform. You may terminate your use of the Website or your membership at any time by following the instructions on the Website. Custom Case Coach may terminate or suspend your access to the Website, Product, Service, or your membership (as defined below) at any time, for any reason, and without prior notice or warning. Upon termination, you must immediately stop using the video course and delete any downloaded or printed materials. You will not be entitled to a refund for any fees paid for the video course upon termination.

All provisions of the Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

2. Modifications

Custom Case Coach reserves the right to make changes to the Terms at any time, in its sole discretion. Notice of such modifications will be posted on the Website or sent to you via email. It is your responsibility to review and familiarize yourself with any changes to the Terms. These modifications will take effect upon posting or notification and continued use of the Website or any Services after such posting or notification constitutes acceptance of the modified terms and conditions of the Terms.

3. Accounts

3.1. General

You can access certain portions of the Website, and not access or use any Products or Services, by simply visiting and viewing the Website. You do not need an account to do so. However, to access the Products and Services, you must have an account with Custom Case Coach.

3.2. Account Rules

By creating an account on our website and using our services, you agree to provide accurate, complete, and current information about yourself. You agree to take reasonable measures to keep your user identification, password, and other account information secure, not to share your password or allow third parties access to your account, be solely responsible for the security, confidentiality, legality, and integrity of all messages and content you receive, transmit, or store using Custom Case Coach and your account, be responsible for all charges resulting from use of your account, including unauthorized use prior to your notification of such use to Custom Case Coach and your taking steps to prevent further unauthorized use, such as changing your password, complying with the Terms, and complying with all applicable laws and regulations regarding your use of Custom Case Coach. You must not use any automated system, including robots or spiders, to access our website or services in a manner that sends more request messages to our servers than a human could reasonably produce in the same period of time. You agree to notify us immediately if you become aware of any unauthorized use of your account.

By creating an account, you represent and warrant that:

1. All of the registration information you submit is accurate and truthful;

2. You will maintain the accuracy of this information;

3. You are 16 years of age or older;

4. Your use of our website does not violate any applicable laws or regulations; and

5. You are of legal age to agree to these terms and conditions or you have your parents’ permission to do so.

If we believe that you are in breach of any of these representations and warranties, we reserve the right to delete your profile and any associated content, and to terminate your membership without warning.

3.2. Privacy

Custom Case Coach values your privacy and takes reasonable steps to protect it. Please review our Privacy Policy on our site to understand our practices with respect to the collection, use, and disclosure of your personal information. By accessing or using the Products and Services, you acknowledge and agree that you have read and understand our Privacy Policy. If you do not agree with our policies and practices, do not use the Service. We reserve the right to modify our Privacy Policy at any time. Your continued use of the Service after any changes to our Privacy Policy will constitute your acceptance of those changes.

4. Access

From time to time, the Products and Services may become inaccessible or inoperable due to various reasons, including, but not limited to, equipment malfunctions, necessary maintenance or repairs, and events beyond our control. We cannot anticipate nor are we to be held responsible for these interruptions.

5. Fees, Timing, and Payment

5.1. Fees

Custom Case Coach charges fees for its Products and Services. You acknowledge that Custom Case Coach reserves the right to change its fees from time to time, in its sole discretion. By using these Products, you agree to pay Custom Case Coach the applicable fees. Fees are subject to change at any time and do not include any charges for the hardware, software, telecommunications access, lines, connections, or other equipment and services necessary to access and use Custom Case Coach, which are your responsibility. All fees will be charged to your credit card at the current exchange rate and you are responsible for paying all currency conversion charges, taxes, duties, or other charges imposed by any government entity.

5.2. Timing and Payment

All fees for Products are paid in advance and are refundable within 1 day of the initial purchase, unless the Products were purchased at a sale or discounted price, in which case they are nonrefundable, or unless otherwise specified in a contract between Custom Case Coach and the customer. Fees for Services are nonrefundable. Custom Case Coach reserves the right to deactivate your access to its Services at any time and without advance notice or liability. If you do not pay any amount when it is due, Custom Case Coach may suspend or terminate your access to its services.

6. Ownership and Intellectual Property

The Platform and its original content, features and functionality are and will remain the exclusive property of Custom Case Coach, LLC and its licensors. The Service is protected by copyright and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Custom Case Coach, LLC. This includes text, software, scripts, graphics, images, audio, video, and interactive features. We reserve all rights not expressly granted in relation to our website and its content.

You may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or exploit our Platform for any purpose without our prior written consent. This includes any image, audio, or visual content, trademarks, third-party user submissions, or other proprietary rights not owned by you. If you download or print a copy of our content for personal use, you must retain all copyright and other proprietary notices. You may not use our content in any way that violates the rights of any third party

7. Links to Other Websites and Intellectual Property

Our Platform may contain links to third-party websites or services that are not owned or controlled by Custom Case Coach.

7.1.

Custom Case Coach has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Custom Case Coach shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

7.2.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. Custom Case Coach has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third-party websites. By using the Website, you expressly relieve Custom Case Coach from any and all liability arising from your use of any third-party website.

8. Limitation of Liability

8.1.

We, our suppliers, and our respective officers, directors, employees, and agents shall not be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages whatsoever, including lost profits, whether based on warranty, contract, tort, or any other legal theory. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

8.2.

Our liability to you for any reason shall be limited to the amount paid, if any, by you to us for our services in connection with the Website during the term of your membership. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

8.3.

You acknowledge that we shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests solely and entirely with you.

9. Indemnity

You agree to defend, indemnify, and hold us, our officers, directors, employees, and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys’ fees) arising from:

1. Your use of and access to our Website or any content that you post on it;

2. Your violation of these Terms or your representations and warranties set forth above;

3. Your violation of any third party right, including without limitation any copyright, property, or privacy right; or

4. Any claim that one of your user submissions caused damage to a third party.

10. Disclaimer of Warranties

Custom Case Coach has no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding:

1. Who gains access to our website;

2. What content you access through our website and its affiliated services;

3. What effects the content may have on you;

4. How you may interpret or use the content; or

5. What actions you may take as a result of being exposed to the content.

10.1.

You release us from all liability for you having acquired or not acquired content through the Platform. The Platform may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Platform, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Platform.

10.2.

To the fullest extent permitted by law, we, our suppliers, and each of our respective officers, directors, employees, and agents, disclaim all warranties, express or implied, in connection with the Platform and your use thereof, including warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, neither we nor our suppliers, nor any of our respective officers, directors, employees, and agents, make any warranties or representations about the accuracy or completeness of the Website’s content or the content of any sites linked to the Website, and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content;

11. Arbitration

Any dispute, claim, or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration in New York, New York. The arbitration shall be conducted in accordance with the American Arbitration Association’s International Dispute Resolution Procedures. The award rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction. The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing parts is be entitled to be reimbursed for any other costs or expenses related to the arbitration, including attorneys’ fees and expert witness fees.

12. Assignment

You may not transfer or assign this agreement or any rights and licenses granted under it without our prior written consent. We may freely transfer, assign, or delegate this agreement and any of our rights or obligations under it.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain.

14. Contact Us

For any questions regarding these terms, reach out to us at customcasecoach@gmail.com