TERMS OF SERVICE
Last modified: July 17, 2023
The Regroup service, including (without limitation) all websites, mobile applications and other interactive properties through which such services are delivered (collectively, the “Service”) are owned, operated and distributed by Regroup Consulting, LLC., a Washington company (referred to in these Terms of Service as “Regroup,” “we” and through similar words such as “us,” “our,” etc.).
These Terms of Service apply to all users, including both users who are simply viewing content available via the Service, users utilizing free Services, and users who have engaged for paid Services. By accessing any part of the Service, you are agreeing to the terms and conditions described below (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (the “Privacy Policy”), WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, you should not use or submit content to the Service. If you have engaged Regroup for specific Services as described herein through a subsequent agreement, that agreement shall control and supersede these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
We reserve the right to refuse service to any person for any reason, at our sole discretion. In addition, at our sole discretion, we may suspend or terminate your account for any reason. Such termination of your account will result in your loss of access to the Service. We will not be liable for any decision to suspend, terminate or refuse service under any circumstances.
The Website is controlled and offered by us from our facilities in the United States of America. Except as indicated in these Terms and the Privacy Policy, we make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
VISITORS TO THE WEBSITE AND ACCOUNT CREATION
You can visit the public sections of the Service without identifying yourself or providing personal information. In order to access some features of the Service, you will have to create a login account.
For individuals, registering an account will mean completing the necessary information to have an account through the Service. When creating your login account, you represent and warrant to us that the information you provide is accurate and complete in all respects. All registrations must be made by you, personally. In some circumstances, you may register on behalf of an organization that has multiple employees, owners, contractors, etc. In such circumstance, “you” includes yourself individually and such organization, and you represent and warrant that you are a duly authorized representative of such organization and have the authority to bind such organization to these Terms of Service. Regroup reserves the right to demand proof of eligibility at any time and to suspend or terminate your account and/or your access to and use of all or any part of the Services if satisfactory evidence of eligibility is not promptly provided. You further certify that any personal information provided of other employees, owners, contractors, etc. is treated consistent with these Terms of Service and our Privacy Notice. Accounts registered by “bots” or other automated methods are not permitted under any circumstances.
You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you engage in activity consistent with all laws and these Terms of Service. Further, you are obligated to keep your password secure and you agree to notify us immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.
COACHING SERVICES
You may choose to engage Regroup for leadership or team Coaching services (“Coaching”). Coaching involves active engagement by both Regroup’s Coach (“Coach”) and the individual engaged in Coaching services (the “Client”) in a thought-provoking and creative process to help you maximize personal and professional potential. As such, Coaching services involve an additional level of commitment by the Client.
A. Client Responsibilities During Coaching
Client is responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results. As such, the Client agrees that Regroup is not and will not be liable for any actions or inaction, or for any direct or indirect result of any Coaching provided. Client understands Coaching and mentoring is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
Client understands that Coaching and mentoring is not to be used as a substitute for professional advice by legal, mental, medical, financial or other qualified professionals and will seek independent professional guidance for such matters. If Client is currently under the care of a mental health professional, Regroup will recommend that Client inform the mental health care provider.
Client agrees to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program
B. Coaching Sessions and Fees
The parties will typically agree to engage in a set number of Coaching sessions for a fixed fee or as a part of packaged Services. Coaching sessions will take place through video, phone, and/or in person sessions. Regroup will be available to Client by email or text in between scheduled meetings, but asks that Client use discretion. Coach may also be available for additional time, per client’s request on a prorated basis for additional services (for example, reviewing documents, reading or writing reports, attending events, engaging in other client related services outside of Coaching hours).
The time of the Coaching meetings and/or location will be determined by the Coach and Client based on a mutually agreed upon time. Client agrees that it is the Client's responsibility to notify the Coach 72 hours in advance of the scheduled calls/meetings in the event of a cancellation. Cancellations occurring less than 48 hours in advance are subject to a rescheduling fee of $100 or forfeiture of the session fee.
Client or Coach may cancel this agreement at any time. Client and Coach agree to provide one another with 30-days advance written notice of the desire to cancel the coaching engagement, and if a cancellation is to occur, all services provided to that date will become due.
C. Confidentiality
The Coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of the relationship, is bound to confidentiality but is not considered a legally confidential relationship (as would be protected by a law/regulation, like a doctor or attorney). The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. Confidential information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) that the Coach is required by law to disclose.
USER DATA AND WORK PRODUCT
Information collected from and work-product created for specific Users of the Service is referred to in these Terms of Service as “User Data.” Such User Data shall include, for example, all completed, customized reports, analyses, documentation, training, activities, and survey questions prepared, developed and conceived by Regroup for users and delivered by Regroup to users as a part of the Service. Customized materials and work product created by Regroup for specific users must be designated as such, and unless designated as customized for a User, it is assumed such items are Regroup Content (as defined herein).
You retain all of your ownership rights in your User Data. Subject to these Terms and Conditions, you grant Regroup (a) a limited, revocable, worldwide, non-exclusive, royalty-free license to use the User Data solely for purposes of providing the Service to you; and (b) a perpetual, nonexclusive, worldwide, royalty-free, transferable, sublicensable license to use, copy, store, process, manipulate, modify, change, configure, perform, display and transmit in order to incorporate User Data into aggregated and anonymized data sets including, without limitation, for the purpose of improving the Services. You grant to Regroup an irrevocable, non-exclusive, worldwide, royalty-free, transferable, sublicensable, perpetual permission to aggregate User Data with Regroup’s other users or other data from other sources and to use in any way, de-identified User Data and aggregated User Data.
We expressly disclaim any and all liability in connection with User Data. We reserve the right to remove any data (including, without limitation, User Data without prior notice) or to refuse to transmit, publish, or analyze any User Data for any reason, and to terminate or refuse a User’s access to the Service for any reason.
FEES
We reserve the right, at any time, to change any fees or charges for using the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. You will be responsible for all taxes, levies, duties or similar charges.
RESTRICTED USES
You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
To impersonate or attempt to impersonate Regroup, an employee of Regroup, another authorized user, or any other person or entity;
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Regroup or users of the Service or expose them to liability.
Additionally, you agree not to:
Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service;
Use any manual or automated process to monitor or copy any of the material or content on the Service or for any other unauthorized purpose without our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Service;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
Decompile, reverse engineer, disassemble, or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Service;
Modify, move, add to, delete, or otherwise tamper with the information contained in the Service;
Conduct any systematic or automated data collection activities on or in relation to the Service;
Use the Service for any purposes related to marketing without our express written consent.
THIRD PARTY CONTENT
The Service may contain links to third party content and other third-party websites that are not owned or controlled by Regroup. Links are provided to online users solely as a convenience and our inclusion of such links does not imply any endorsement of the information by Regroup. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third-Party Content”). We 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 Third-Party Content.
REGROUP INTELLECTUAL PROPERTY RIGHTS
Except for Third Party Content, all material included on the Service, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, materials, surveys, training, activities, knowledge, processes, methodologies, formats and the like (“Regroup Content”) are owned by or licensed to us, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. In addition, the compilation and presentation of the Regroup Content on the Service is subject to copyright owned exclusively by us. Regroup Content on the Service may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Service and the Regroup Content. You agree to not engage in the use, copying, or distribution of any of the Regroup Content other than expressly permitted herein, including any use, copying, or distribution of public submissions of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Regroup Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND SERVICES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE TOTAL CONTRACTED AMOUNT TO BE PAID TO REGROUP FOR THE SERVICE IN A GIVEN YEAR (EXCLUDING ANY MONETARY VALUATION OF SUBMITTED CONTENT) OR $100, WHICHEVER IS GREATER. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
INDEMNITY
You agree to defend, indemnify and hold harmless us and our affiliates, officers, directors, employees and agents, 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: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any information you provided to Regroup caused damage to a third party; or (v) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Service and your use of the Service.
DIGITAL RIGHTS POLICY
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify us. For your complaint to be valid under the ‘DMCA’ (Digital Millennium Copyright Act of 1998), you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following:
Email address: trista@regroup.co
Subject: Digital Copyright Infringement
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is for notifying Regroup that your copyrighted material has been infringed on. In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
MISCELLANEOUS
You agree that the Service shall be deemed a service incorporated in Washington state Washington state and shall not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Washington state. These Terms of Service shall be governed by the internal laws of the State of Washington state, without regard to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Service or our services shall be subject to the exclusive jurisdiction of the federal and State courts located in Washington state.
These Terms of Service, together with the Privacy Notice and any other legal notices published by us on the Service or in other materials distributed in connection with our services, constitute the entire agreement between you and us concerning the Service and our services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
To the fullest extent permitted by applicable law, NO CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE OR THE WEBSITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose.
Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing.
MODIFICATION OF THE TERMS OF SERVICE
We may, at our sole discretion, modify these Terms of Service or the incorporated Privacy Notice at any time. By accessing or using the Service at any time after such modifications, you are agreeing to such modifications. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If a modification is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material modification will be determined at our sole discretion.
These Terms of Service were last modified as of July 17, 2023. In addition, we may modify and/or temporarily or permanently discontinue all or any part of the Service at any time at our sole discretion, with or without notice, and will not be liable for any such action.
CONTACT INFORMATION
If you have any questions about these Terms and Conditions, please contact us via the contact information below:
Trista Taylor
3321 56th AVE SW
Seattle, WA 98116