Terms & Conditions
MONTHLY SUBSCRIBERS
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you use any Deep Dive Club with Bev digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private forums or community, including Slack or Facebook groups, operated by Deep Dive Club with Bev (for any purpose), whether on a website hosted by or a third-party website such as an online course platform or facebook.com, whether now known or unknown (collectively “the Deep Dive Club with Bev”). The Deep Dive Club with Bev is operated under the auspices of Bev Aron Incorporated (“BAI” or BAI).
If you do not agree with these TOU, you may not use the Deep Dive Club with Bev.
As used in these TOU, the term “Releasees” is defined to include the following: BAI, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns.
1. Program and Participants
As part of the Deep Dive Club with Bev, you will receive the services outlined on the web page where you register.
If you wish to participate in another session of the Deep Dive Club with Bev in the future or purchase any other products, programs, or services from BAI, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
This Deep Dive Club with Bev is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in this Deep Dive Club with Bev may not be appropriate for children. Children under the age of eighteen (18) are not permitted to use the Deep Dive Club with Bev. BAI hereby disclaims all liability for use by individuals under the age of eighteen (18).
2. Payment
You agree to the fees and payment schedule selected at checkout.
Upon registering for the Deep Dive Club with Bev, your joining fee will be due of the first of the starting month. Recurring monthly payments will be automatically charged to your card every thirty (30) days until you cancel. You can cancel by the 22nd of the month before the next month’s payment is charged, as outlined below in the Termination or Cancellation section of these TOU.
If paying by debit card or credit card, you give the BAI permission to automatically charge your credit or debit card for all fees and charges due and payable to the BAI, without any additional authorization. You also agree that BAI is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If payment is not received when due, BAI reserves the right to terminate your access to the Deep Dive Club with Bev and all Content, as defined below in the Intellectual Property Rights section of these TOU, immediately and permanently. BAI will provide notice of the failed or missing payment to the e-mail address you provide for your account.
3. Refunds
Your satisfaction with the Deep Dive Club with Bev is important to BAI. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Deep Dive Club with Bev, BAI has a no refund policy. Unless otherwise provided by law, you acknowledge that BAI does not offer refunds for any portion of your payment for any portion of the Deep Dive Club with Bev and no refunds will be provided to you at any time. By using and/or purchasing the Deep Dive Club with Bev, you understand and agree that all sales are final, and no refunds will be provided.
4. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, spreadsheets, online tools or calculators, data, databases, and all other information and intellectual property accessible on or through the BAI website, any third-party website BAI may use to distribute or host the Deep Dive Club with Bev, and contained in e-mails sent to you by BAI, as well as the look and feel of all of the foregoing (“the Content”) is property of BAI and/or BAI’s affiliates or licensors unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. BAI’s Limited License to You
If you view, purchase, or access any of the Deep Dive Club with Bev or any of the Content, you will be considered BAI’s Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for use consistent with these TOU.
This means you may view, download, print, email and use individual pages of the Deep Dive Club with Bev and Content for your own purposes only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Deep Dive Club with Bev or Content for commercial purposes or in any way that earns you or any third-party money, other than by using it in your own business provided that you acknowledge that such material comes from BAI. By downloading, printing, or otherwise using the Deep Dive Club with Bev or Content for personal use you in no way assume any ownership rights of the Content – it is still BAI property. Any reproduction or unauthorized use of any materials found in the Deep Dive Club with Bev or Content shall constitute infringement.
The trademarks and logos displayed on the Deep Dive Club with Bev or Content are trademarks belonging to the BAI, unless otherwise indicated. Any use, including framing, metatags, or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the BAI’s written permission.
All rights not expressly granted in these TOU or any express written license, are reserved by BAI.
c. Unauthorized Use
Your use of any materials found in the Deep Dive Club with Bev or Content other than that expressly authorized in this TOU or by a separate written assignment is not permitted (“Unauthorized Use”).
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to BAI that may not be adequately compensated by damages, entitling BAI to obtain injunctive relief, without bond, in addition to all legal remedies.
5. Your Responsibilities
i. You agree that you are completely responsible for your physical, psychological and financial wellbeing – during, after, and between sessions.
ii. You agree that you are the expert in your own life and are fully responsible for any choices and decisions you make during the coaching process and in applying what you have learned in the Deep Dive Club with Bev to your own life.
iii. You acknowledge that you are under the care of a physician and healthy enough to engage in coaching.
iv. You agree that the coaching is not to be used as a substitute for professional advice of any kind, including medical, psychological, legal, financial, tax or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
6. Confidentiality
The BAI is not legally bound to keep your information confidential. You acknowledge that your communications with BAI are not covered by any privilege.
You may use a screen name or pseudonym instead of your actual name for your participation in the Deep Dive Club with Bev.
You agree that BAI shall not be liable for the disclosure of any of your information by another Deep Dive Club with Bev participant. You agree to keep all information you learn about other Deep Dive Club with Bev participants, their businesses (including their intellectual property), or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
BAI may record coaching calls and share them in the Deep Dive Club with Bev, on BAI’s website, or as otherwise determined by BAI in its sole discretion.
You agree you will not share any recorded coaching calls outside the private member areas of BAI’s website. If BAI discovers you have done so, this will be grounds for immediate termination of your access to the Deep Dive Club with Bev and Content.
7. Username and Password
To access certain features of the Deep Dive Club with Bev, including any private membership areas, you may need a username and password. It is your responsibility to inform BAI before the Deep Dive Club with Bev start date if you do not receive an email containing your password to access the Deep Dive Club with Bev. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If BAI has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Deep Dive Club with Bev to any other person, BAI has the right to suspend or terminate your account and refuse any and all current or future use of the Deep Dive Club with Bev or any Content, in whole or part, without refund.
8. Reviews
BAI respects and welcomes all Deep Dive Club with Bev participants to provide honest, truthful, and factual feedback, statements, comments, and testimonials that are based in integrity regarding their participant experience with BAI and the Deep Dive Club with Bev. BAI prohibits comments, feedback, statements, comments, and testimonials regarding their participant experience with BAI and the Deep Dive Club with Bev that: (1) contain confidential or private information which includes but is not limited to, the BAI’s trade secrets; (2) are unrelated to BAI’s products or services; or (3) are clearly false or misleading.
BAI encourages all participants to reach out to resolve any concerns participants may have about the Program.
9. Live or In-Person Events
If you participate in any live or in-person event as part of the Deep Dive Club with Bev, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by BAI through its employees, representatives, or agents, and to abide by any decision of any BAI staff or volunteers, or BAI vendors or contractors, regarding your ability to safely participate in the Deep Dive Club with Bev. You agree to exhibit appropriate behavior at all times and to obey all local, state, and federal civil and criminal laws while participating in the Deep Dive Club with Bev. This includes, generally, respect for other people, equipment, facilities, or property. BAI may, in its sole discretion, dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Deep Dive Club with Bev or any person, facility, or property.
You consent to medical care and transportation in order to obtain treatment in the event of injury to you as BAI, volunteers, or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
If you choose to consume alcoholic beverages during any part of the Deep Dive Club with Bev, you must do so responsibly and only if you are over the age of twenty-one (21).
BAI is not responsible for any personal item or property that is lost, damaged or stolen at or during the Deep Dive Club with Bev.
10. Termination or Cancellation
BAI reserves the right in its sole discretion to refuse or terminate your access to the Deep Dive Club with Bev and Content, in full or in part, at any time without notice. BAI may terminate your participation in the Deep Dive Club with Bev at any time, without refund, if you breach any part of these TOU.
If you would like to cancel or terminate your participation in the Deep Dive Club with Bev, please complete the Cancellation Request form located on the ‘Support’ page on the member website.
Please submit your cancellation request by the 22nd of the month, prior to your next payment. Cancellation or termination does not entitle you to any refund, and any remaining, default, or late payments will be due immediately.
In the event of cancellation or termination, your access to the Deep Dive Club with Bev, any new materials, and Content, including any private forums or community, member podcasts, and coaching, will be immediately terminated by the BAI. The restrictions imposed on you in these TOU with respect to the Deep Dive Club with Bev and its Content will still apply now and in the future, even after termination by you or BAI.
11. Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. You are voluntarily participating in the Deep Dive Club with Bev and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.
b. Your participation in the Deep Dive Club with Bev does not establish a doctor-patient, therapist-patient, attorney-client, accountant-client, or business advisor-client relationship of any kind between you, BAI, or anyone providing membership services on behalf of BAI.
c. The Deep Dive Club with Bev and Content provide information and education only and do not provide any financial, legal, medical, or psychological services or advice. None of the Deep Dive Club with Bev or Content prevents, cures, or treats any mental or medical condition. The Deep Dive Club with Bev and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your own unique situation. BAI disclaims any liability for your reliance on any opinions or advice contained in the Deep Dive Club with Bev. If you have thoughts about harming others or yourself, you should NOT participate in the Deep Dive Club with Bev. Instead, you should immediately call 911 and seek appropriate professional help. If BAI is informed of your intention to harm yourself or others, BAI reserves the right to contact the proper authorities and release whatever information BAI possesses to protect the individual(s) at risk.
d. You agree that you will not use coaching as a way of diagnosing or treating mental disorders. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
e. You acknowledge that, by engaging with BAI for the Deep Dive Club with Bev, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Deep Dive Club with Bev, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to BAI for the Deep Dive Club with Bev.
f. Earnings and Results Disclaimer: You agree that BAI has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Deep Dive Club with Bev. BAI cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Deep Dive Club with Bev, and you understand that results and earnings differ for each individual.
g. Any links to third-party products, services, or sites are subject to separate terms and conditions. BAI is not responsible for or liable for any content on or actions taken by such third-party or website. Although BAI may recommend third-party sites, products, or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
h. BAI is not responsible or liable for participants of the Deep Dive Club with Bev infringing on another other participant’s intellectual property, content, or materials.
i. BAI tries to ensure that the availability and delivery of the Deep Dive Club with Bev and Content is uninterrupted and error-free. However, the BAI cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, the BAI will try to limit the frequency and duration of suspension or restriction.
j. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE Deep Dive Club with Bev AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE BAI DOES NOT WARRANT THAT THE Deep Dive Club with Bev OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF BAI’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
k. BAI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE Deep Dive Club with Bev, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE Deep Dive Club with Bev.
12. Security
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and BAI may be unlawfully intercepted by third parties not under BAI’s control. BAI does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with BAI are done at your own risk.
13. Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to its conflict of laws principles. The courts of the Province of Ontario shall have exclusive jurisdiction over any case or controversy arising from or relating to the Deep Dive Club with Bev or Content, including but not limited to these TOU. By using the Deep Dive Club with Bev or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of inconvenient forum.
14. Users Outside of Canada
BAI controls and operates the Deep Dive Club with Bev from Canada. BAI does not represent that materials on the Deep Dive Club with Bev are appropriate or available for use in other locations. People who choose to access the Deep Dive Club with Bev from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. Indemnification
You agree to defend, indemnify, release, and hold harmless BAI and any directors, officers, agents, contractors, partners, assigns, successors-in-interest, and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Deep Dive Club with Bev or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the BAI’s websites or any third-party forum or website operated by the BAI, (iv) your use of materials or features available on the Deep Dive Club with Bev or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by BAI) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
16. Force Majeure
BAI shall not be deemed in breach of this TOU if BAI is unable to complete or provide all of the Deep Dive Club with Bev or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, technical or electrical difficulties, epidemic, pandemic, death, illness or incapacity of BAI or any of its members, employees, contractors, or agents, any local, federal, national or international law, governmental order or regulation or any other event beyond BAI’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, BAI shall give notice to Client of its inability to perform or of delay in completing or providing the Deep Dive Club with Bev and shall propose revisions to the schedule for completion of the Deep Dive Club with Bev or other accommodations or may terminate this TOU.
17. General Provisions
You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the laws of Canada and that if any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This TOU supersedes all prior written and oral representations.
BAI may change, modify or update these TOU at any time. Any access or use of the Deep Dive Club with Bev or Content by you after BAI posts such changes shall constitute consent to such modifications. If you have any questions or concerns about these TOU, contact team@bevaron.com.
Updated on 8/14/24