TERMS & CONDITIONS:
Effective Date: January 1, 2020, Updated March 1, 2020
HummingBear LLC (“We”, “Us”, or “Our”), by and through its coaches and writers, including Paul Wagner (“Coach”), provides various business coaching services, products, and goods through our website (“Services”). This Service is offered subject to Your acceptance of these Terms as well as any relevant sections of the various Paul Wagner websites and their Privacy Policies.
Please read these notices, terms, and conditions (“Terms”) carefully before using Our Service.
BY VISITING THIS WEBSITE AND/OR THE BLENDED SOUL ® APP, YOU ACKNOWLEDGE THAT YOU:
- HAVE READ THESE TERMS,
- UNDERSTAND THESE TERMS, AND
- ACCEPT AND AGREE TO BE BOUND BY THEM.
You must be at least 18 years old to access this Website or to purchase products and/or Services from Us.
You agree that you are accessing the Services on a Paul Wagner website or app for business and personal purposes. If you are using the Service on behalf of an organization, You are agreeing to these Terms for that organization and confirming now to Clients of Paul Wagner’s that you have the authority to bind said organization to Our Terms of Service (in which event, “You” and “Your” will refer to that organization).
If you do not agree with these Terms, or are under 18 years old, please do not use the Services or Our Website. If at any time you are
not willing to be bound by these Terms, You should:
- Click the “I do not accept” or similar button,
- Terminate any download and/or installation process,
- Immediately cease and refrain from accessing or using the program, and
- Delete any copies you may have.
As part of the registration or account creation process, You will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address and even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current.
The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio and/or visual presentations, documentation, software, printed or digital materials, and other elements characterizing Our Services, also known as the “Content”) on this Website and other Paul Wagner websites, or any part of such Content, or share your rights under these Terms to and with others.
You agree that You will not provide false information to Us in generating Your account. Specifically, You agree that you will not
- Select or use the login credentials of another person or company with the intent to impersonate that person or company; or
- Use login credentials in which another person or company has rights without such person’s or company’s authorization.
Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of your account.
Only authorized users, who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. You shall not provide or make available any Content, or any license key to any third party, or use the Content, or any license key, to teach any third party any portion of the Services or for any purpose other than exercising rights expressly granted to you by these Terms.
You are responsible for maintaining the confidentiality of Your login credentials. We reserve the right to terminate or suspend Your access to the Services if You share Your credentials or transfer such credentials to another party.
You are responsible for all usage or activity on your account on this Website and related Social Media, including use of the account by any third party authorized by you to use your login credentials.
Unless otherwise stated in writing with respect to particular Services offered for sale via this Website and other Paul Wagner websites abide by a strict, no refund policy. By accepting these Terms, You agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Services offered via this Website.
By accepting these Terms, You agree and understand that We provides seminars and business coaching services only and guarantee no specific results. You acknowledge that We make no promise or representation that You will make a certain amount of money, or any money, or that you will not lose money, as a result of using these Services.
Any reviews, earnings, revenue, or income statements viewable on this Website or our related Social Media are based on actual individual results of our clients and/or estimates as may be stated. There is no guarantee that you will make these levels for yourself. As with any personal growth pursuit, spiritual training, or business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience. Each person’s results will vary. There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly. The use of our information, products and services should be based on your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.
In accepting these Terms, You acknowledge that You take full responsibility for your own success and for the choice to engage services with Paul Wagner.
In no event will We be liable to You or any party related to You for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES, CONTENT AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.
Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
CONSENT TO USE INFORMATION
By accepting these Terms, you agree that We may collect, use and disclose your identifying information obtained as a result of Your membership, for the following purposes:
- the processing of this membership application; and
- the administration of the membership with our organization
Additionally, when You communicate with Us, send Us information, or provide Content to Us, You grant Us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media.
INTELLECTUAL PROPERTY STATEMENT
The contents of the Services, including the Website, Content, and other materials made available via related Social Media, are protected by United States copyright, trademark, and other intellectual property laws and international treaties and owned or controlled by Paul Wagner, or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.
By accepting these Terms, You further acknowledge and agree that We and Our third party licensors own and shall continue to own all right, title, and interest in and to the Content and other elements of Our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.
Except for any limited, revocable license expressly granted to you herein, these Terms do not grant you any ownership or other right or interest in or to the Content and/or other elements of the Services, or any other intellectual property rights of Ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that We use in connection with the Services are marks owned by Us.
These Terms do not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
This means that if you post my content, images, writing on social media, you are infringing on Paul Wagner’s rights and ownership, and the same of his companies. If you would like to share Paul Wagmer’s content, you can only do it by Sharing something that he or his companies already posted, whether it be on Facebook, Instagram, Twitter, and many other social media outlets.
Additionally, you are not to take credit for any of Paul Wagner’s writing and images. If you are quoting him, the text must be in quotes and then “— Paul Wagner.”
We may elect to terminate the Services on this Website and others at Our discretion without notice to You or any liability for any reasons whatsoever, including without limitation, if You breach these Terms. You may terminate any account You establish via this website at any time upon written notice to Us.
These Terms may not be modified or amended orally, impliedly, or in any manner not set forth in a duly executed writing or otherwise permitted by these Terms.
We reserve the right to modify, terminate, or otherwise amend Services available via this Website and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.
Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
These Terms in all respects shall be governed by and construed according to the laws of the State of Colorado. The venue for any dispute shall be in the County of Denver.
This Agreement is entered into in Denver County, Colorado. You agree and consent to the exclusive jurisdiction and venue of the state of Colorado and county of Denver for any dispute arising from or related to this Agreement. Should any part of these Terms be declared void or unenforceable, that term shall be severed from these Terms and such declaration shall have no effect on the enforceability of the remaining terms. Correspondence should be sent HERE.
Consent & Waiver Agreement
I am hiring intuitive life & business coach Paul Wagner (through his website at PaulWagner.com) and/or engaging with Paul’s company and/or person through his Blended Soul® app) to give me feedback on and/or help me improve my life, relationships, spiritual path, and/or business, via in-person, phone, and/or live video meetings, and/or through his free and paid courses and other content (herein “Sessions”).
By purchasing a personal advisory session or reading, several sessions, video/audio courses, or longer-term individual or coaching packages that involve multiple calls and/or meetings each week, I acknowledge and agree to the following:
1. I understand that intuitive sessions, coaching, and courses are not, and cannot be used as, substitutes for any type of health, medical, or psychological therapy or treatment;
2. I understand that Paul Wagner is a coach and teacher who seeks to provide encouragement, ideas, and challenges to me, in the form of advice, which may or may not resonate with me, and which I may choose how I do or do not incorporate into my life;
3. I have requested intuitive, empathic, and spiritual coaching sessions and/or education from Paul of my own free will, I am voluntarily participating, and I am accepting full personal responsibility for my medical, mental, emotional, psychological, spiritual, and bodily well-being;
4. I understand and agree that these sessions with Paul Wagner must be considered opinion and entertainment, and some of the following: a) helpful encouragement b) friendly, non-intrusive coaching c) feedback exchanges and learning, and d) entertaining discussions, the truth of which, and the opinions expressed throughout, cannot be verified, guaranteed, validated, or confirmed, except by me and only me;
5. I understand that a) Paul Wagner is a very genuine and authentic person who sometimes uses strong (possibly rough) language, colorful euphemisms, and other potentially offensive lingo b) I know this comes through his genuine care and lack of censoring himself c) none of this is intended to be offensive or discriminatory, and d) that if any of this feels offensive or discriminatory to me, I should immediately notify Paul Wagner that it makes me uncomfortable, so that we can address that together;
6. I acknowledge that when I seek advice, courses, and sessions from another human being, it is always my decision to accept it, reject it, or simply consider it;
7. I understand and accept that some types of advice are difficult for me to hear because I can be resistant to change;
8. I understand that no clairvoyant, psychic, empath, or intuitive life and business coach can predict the nature, type, content, and substance of any information which I may receive during psychic readings, sessions, coaching, education, courses, and/or spiritual counseling;
9. In addition to helpful, positive ideas, I understand and accept that some of the information received during my sessions, coaching, and courses with Paul Wagner might be unpleasant, may evoke painful memories, and could be emotionally difficult for me to receive and process;
10. If I engage in any activity, perform any action, or make any decisions based on the information provided by Paul Wagner, I do so at my own risk and take full responsibility;
11. On behalf of myself, my assigns, guardians, and representatives, I agree to never share recorded sessions or video/audio snippets from my sessions, coaching, courses, emails, and texting with Paul Wagner – at any time, on any social media platforms, and I agree to keep all of my exchanges with Paul Wagner 100% private and between Paul and me;
12. On behalf of myself, my assigns, guardians, and representatives, I release, discharge, waive, and forever relinquish Paul Wagner and his companies from all known or unknown claims resulting from information that I may or may not receive during my voluntary participation in sessions, coaching, and courses with Paul Wagner;
13. I, or my associates, as a result of my sessions, coaching, and courses, will not present any claims against, prosecute, sue, or attach liens to Paul Wagner or his companies and associates. I waive all claims, demands, and compensation from all perceived injuries and losses related to my sessions, coaching, and courses;
14. I agree that if I bring a claim for damages against Paul Wagner or his companies and associates, as a result of my actions and omissions, I and/or my estate shall indemnify and hold harmless Paul Wagner and his companies and associates from any and all claims, actions, or damages;
15. I am not under duress, influence, or coercion, and I understand that I am not obligated to continue, even after paying, understanding that up until the day before our sessions or prior to my viewing any course content, I may cancel my appointment and engagement and request a 100% refund, and, after that time, I understand there is no possibility of receiving a refund unless offered by Paul Wagner after a completed session, course, or coaching experience;
16. The sole reason for purchasing one or more sessions or courses with Paul Wagner is because I genuinely want to engage Paul Wagner for private, personal, selfish reasons, and not at the behest or request of others, or as a hired helper, reviewer, volunteer, or as an employed or contracted agent with ulterior or secret, non-transparent motives. As such, I will keep secret and private all sessions and experiences between myself and Paul Wagner;
17. I have checked the Consent & Waiver box on the checkout page of PaulWagner.com or elsewhere, and I voluntarily and knowingly agree to this Consent & Waiver wholeheartedly and without reservation.
Disclaimer: Success is difficult to achieve. Paul Wagner coaches every one of his clients through fear, depression, financial challenges, exhaustion, sickness, overwhelm, personal blocks, business downtrends, and emergencies to find pathways to happiness and success. Your life and your business are unique, therefore your results will be different. If you are looking for an easy, free road, or “get rich quick” schemes, please explore other avenues, pronto.