Last Updated: February 10, 2026

These terms and conditions (the “Terms”) govern your access to the platform operated by The Inner Voice Agency (“The Inner Voice”, “Company,” “We,” “Us”), including its website located at https://theinnervoiceagency.com, any subdomains, mobile-accessible versions, and all related services (collectively, the “Services”). The term “You” or “User” shall refer to any individual that views, uses, accesses, browses, or submits any content or material to the Services.

These Terms are important and affect your legal rights, so please read them carefully. Note that these Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

The Services are offered to you conditioned on your acceptance without modification of Terms contained herein. Certain features, services or tools of the Services may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. Your use of the Services constitutes your agreement to all such Terms.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, USING, OR BROWSING THE SERVICES, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

PRIVACY POLICY

Your use of the Services is subject to the Company Privacy Policy. Please review the Privacy Policy, which also governs the Services and informs Users of data collection practices.

USE OF OUR SERVICES

The Company provides digital content, educational materials, coaching programs, one-on-one coaching services, fitness coaching, mental wellness coaching, mindset development services, and related offerings. The Services are provided for informational, educational, and self-development purposes only.

Subject to your compliance with these Terms, We will provide you with access to the Services. Access to the Services is permitted on a temporary basis, and We reserve the right to withdraw or amend the Services We provide without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period.

You must be eighteen (18) years or over in order to use the Services.

REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES

In order to access and use certain areas or features of the Services, you may need to have an account with us (the “Account”). We may maintain different types of Accounts for different types of Users. By creating an Account, you agree to (i) provide accurate, current and complete account information about yourself as necessary, (ii) maintain and promptly update from time to time as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to Us, and (iv) immediately notify Us if you discover or otherwise suspect any security breaches related to your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.

• Communication Preferences.By creating an Account, you also consent to receive electronic communications from Us (e.g., via email or by posting notices to the Services). These communications may include notices about your Account (e.g., password changes, updates, and other transactional information) and are part of your relationship with Us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
• Account Information; Updates. You agree to provide current, complete and accurate payment and account information for your Account. You promise to update the information you have provided to Us in the event of any changes to your contact information. Specifically, with respect to your contact information, We may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us.

Account Access and Security. Also, you are, and will be solely responsible for, all of the activity that occurs through your Account, so please keep your password and Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Us of any actual or suspected unauthorized use of your Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Account after you have reported unauthorized access to us. We reserve the right to suspend the provision of the Services or any part thereof, if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading. You are responsible for any charges incurred under your Account, whether made by you or another person using your Account. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content from the Services if in our opinion, you have failed to comply with any of the provisions of these Terms.

ACCESS TO THE SERVICES

We shall use commercially reasonable efforts to ensure the availability of the Services, except that we shall not be liable for: (a) scheduled downtime; or (b) any unavailability caused directly or indirectly by circumstances beyond our reasonable control, including without limitation, (i) a force majeure event; (ii) Internet host, webhosting, cloud computing platform, or public telecommunications network failures or delays, or denial of service attacks; (iii) a fault or failure of your computer systems or networks; or (iv) any breach of these Terms by you.

SUBSCRIPTION SERVICES; RECURRING AND NON-RECURRING PAYMENTS

Certain Services may be offered on a subscription basis, including monthly, periodic, or automatically renewing payment plans (each, a “Subscription”). Other Services may be offered as one-time purchases, limited-duration programs, or non-recurring services. The availability, pricing, duration, and billing terms of any Subscription or non-recurring Service will be disclosed to you at the point of purchase or enrollment.

By enrolling in a Subscription, you authorize the Company to charge your designated payment method on a recurring basis at the rate, frequency, and cadence disclosed at the time of purchase, without requiring further authorization from you prior to each charge, until the Subscription is canceled or terminated in accordance with these Terms.

You acknowledge and agree that:

• Subscriptions may renew automatically unless canceled;
• Charges will continue until you properly cancel the Subscription;
• Failure to use the Services does not relieve you of payment obligations;
• Subscription fees may be charged monthly or at other disclosed intervals.

NON-RECURRING SERVICES

Certain Services may be offered as non-recurring, one-time purchases or limited-duration engagements. Unless otherwise expressly stated in writing by the Company, all such purchases are final, non-refundable, and non-transferable.

CANCELLATION OF SUBSCRIPTIONS

You may cancel a Subscription only in accordance with the cancellation instructions provided at the time of purchase or by contacting the Company through the designated support or contact channels. Cancellation requests must be submitted prior to the next billing cycle to avoid additional charges. Cancellation will take effect at the end of the then-current billing period unless otherwise stated.

You acknowledge and agree that:

• Partial billing periods are not prorated;
• No refunds or credits are issued for unused time;
• Cancellation does not retroactively refund prior charges.

CHANGES TO SUBSCRIPTION FEES

The Company reserves the right to change Subscription pricing, billing frequency, or fee structure at any time upon reasonable notice. Continued use of the Subscription after such changes constitutes acceptance of the revised pricing.

FAILED PAYMENTS; SUSPENSION

If a payment fails or is declined for any reason, the Company may suspend or terminate your access to the Services without notice until payment is successfully processed. You remain responsible for all outstanding amounts.

NO REFUNDS

To the fullest extent permitted by law, all fees paid for Subscriptions or Services are non-refundable, including in cases of early termination, non-use, dissatisfaction, or changes in personal circumstances, unless otherwise required by applicable law

PROHIBITED USES

Use of the Services is limited to the permitted uses expressly authorized by Us. Any violation of this Agreement as determined by Us in our sole discretion, may result in the termination of your access to the Services. The Services shall not be used to:

• Harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
• Engage in any unlawful, fraudulent, or deceptive activities;
• Misrepresent the source, identity, or content of information transmitted via the Services;
• Use technology or other means to access unauthorized content or non-public spaces;
• Use or launch any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
• Attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Probe, scan, or test the vulnerability of the Services or any system or network; use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
• Use the Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead to death, personal injury, or physical or property damage;
• Modify the Services in any manner or form; use or develop any application that interacts with the Services or provides access to other users’ content or information without our written permission; or use modified versions of the Services, including to obtain unauthorized access to the Services;
• Attempt to damage, disable, overburden, or impair our servers or networks;
• Attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems or networks connected to Us, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of or any activities conducted on the Services;
• Display the Services or profile data on any external display or monitor or in any public setting without obtaining the prior consent of all participants. Furthermore, you may not display the Services or profile data on any external display or monitor or in any public setting in a manner that infringes on the intended use of the Services;
• Encourage the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control; or
• Violate these Terms in any manner.

INTELLECTUAL PROPERTY RIGHTS

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. As a condition of your use of the Services, you warrant to Us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. 

All content included as part of the Services, such as text, graphics, videos, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. Our content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of The Inner Voiceand the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Inner Voiceor our licensors except as expressly authorized by these Terms. 

DMCA NOTICE AND TAKEDOWN POLICY

We respect intellectual property rights and expect our users to do the same. If you are a copyright owner or an agent thereof, and you believe that any content hosted on any of the Services infringes Your copyrights, then you may submit a notification by providing The Inner Voice’s Designated Copyright Agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on the applicable Services are covered by a single notification, a representative list of such works on the applicable Services;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material; Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”);and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”). Our Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

VESTN Inc.

8 The Green, Ste. A

Dover, Delaware 19901

Attention: CopyrightClaims

For clarity, only notices under this section should go to The Inner Voice Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject toliability.

FEEDBACK

You can submit questions, comments, suggestions, ideas, original or creative materials or other information about The Inner Voiceor the Services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of The Inner Voice. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

LINKS TO THIRD PARTY WEBSITES/THIRD-PARTY SERVICES

The Services may contain links to other brands or services (“Linked Website“). The Linked Websites are not under our control, and We are not responsible for the contents of any Linked Websites, including without limitation any link contained in a Linked Website, products or merchandise sold through the Services, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the services or any association with its operators. Certain services made available through the Services are delivered by third parties and organizations and these Terms do not apply to any Linked Website. By using any product, service or functionality originating from the Services, you hereby acknowledge and consent that We may share such information and data with any third party with whom We have a contractual relationship to provide the requested product, service, or functionality on behalf of The Inner Voiceand customers.

To the fullest extent permitted by applicable law, you hereby release and forever discharge Us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (a) any interactions with, or act or omission of, or User Content provided by, other Users of the Services or (b) any third-party site, products, services, and links Included on or accessed through the Services. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” resolving any disputes.

TERMINATION OR SUSPENSION OF SERVICES

We reserve the right to refuse or suspend access to any user, for any reason or no reason, and without any notice. We may suspend your use of the Services or any portion thereof if We believe that you have breached these Terms, or for any other reason, at its sole discretion. You agree that any termination of your access to the Services may be without prior notice, and you agree that The Inner Voicewill not be liable to you or any third party for any such termination. Where needed, we reserve the right to alert local law enforcement authorities about suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that may contain typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel transactions if any information in the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Services, except as required by law. No specified update or refresh date applied in the Services, should be taken to indicate that all information in the Services has been modified or updated.

WE DO NOT REPRESENT, WARRANT OR OTHERWISE ENDORSE THAT THE SERVICES OR ANY CONTENT, INFORMATION OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, OR CURRENT. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.

ELECTRONIC COMMUNICATIONS

Using the Services or sending emails to us constitutes electronic communications. If you provide Us with your email address to our contact form, you consent to receive electronic communications from Us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing.

INDEMNIFICATION

WITH THE EXCEPTION OF THE INNER VOICE’S GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE INNER VOICE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

MENTAL HEALTH, EMOTIONAL WELLNESS, AND MINDSET COACHINGDISCLAIMER

The Services may include one-on-one coaching, group coaching, written materials, digital content, audio or video communications, messaging, programs, or other interactions that reference or relate to mental health, emotional wellness, mindset development, stress management, motivation, habits, self-reflection, or personal growth (collectively, the “Mental Health Coaching Services”).

THE MENTAL HEALTH COACHING SERVICES ARE PROVIDED STRICTLY FOR EDUCATIONAL, INFORMATIONAL, AND SELF-DEVELOPMENT PURPOSES ONLY.The Inner Voice IS NOT A LICENSED MEDICAL PROVIDER, PSYCHIATRIST, PSYCHOLOGIST, THERAPIST, COUNSELOR, SOCIAL WORKER, OR OTHER LICENSED OR REGULATED HEALTHCARE PROFESSIONAL, AND DOES NOT PROVIDE MEDICAL CARE, MENTAL HEALTH CARE, PSYCHIATRIC CARE, PSYCHOTHERAPY, COUNSELING, DIAGNOSIS, TREATMENT, OR CLINICAL SERVICES OF ANY KIND.

NOTHING CONTAINED IN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY STATEMENTS, GUIDANCE, SUGGESTIONS, QUESTIONS, EXERCISES, FRAMEWORKS, REFLECTIONS, OR COMMUNICATIONS, CONSTITUTES OR IS INTENDED TO CONSTITUTE MEDICAL ADVICE, MENTAL HEALTH ADVICE, PSYCHIATRIC ADVICE, PSYCHOLOGICAL TREATMENT, THERAPY, COUNSELING, DIAGNOSIS, OR TREATMENT OF ANY CONDITION, DISORDER, OR ILLNESS. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR MENTAL HEALTH CARE.

You acknowledge and agree that you should seek the advice of a licensed physician, psychiatrist, psychologist, therapist, or other qualified healthcare provider regarding any medical or mental health condition. You agree that you will not disregard, delay, or avoid seeking professional advice based on information obtained through the Services.

No doctor-patient, therapist-client, counselor-client, fiduciary, or confidential relationship is created by your use of the Services. No standard of medical, psychological, or therapeutic care applies to the Services. You acknowledge and agree that you are solely responsible for your mental health, emotional state, psychological condition, decisions, actions, and outcomes.

NO CRISIS OR EMERGENCY SERVICES

THE INNER VOICE DOES NOT PROVIDE CRISIS COUNSELING, SUICIDE PREVENTION SERVICES, EMERGENCY MENTAL HEALTH SERVICES, OR EMERGENCY INTERVENTION OF ANY KIND. THE SERVICES ARE NOT DESIGNED OR INTENDED FOR INDIVIDUALS EXPERIENCING SUICIDAL IDEATION, SELF-HARM IDEATION, PSYCHOSIS, SEVERE PSYCHOLOGICAL DISTRESS, OR ANY CONDITION REQUIRING IMMEDIATE PROFESSIONAL INTERVENTION.

IF YOU ARE EXPERIENCING THOUGHTS OF SELF-HARM OR SUICIDE, OR A MENTAL HEALTH EMERGENCY, YOU MUST IMMEDIATELY CONTACT LOCAL EMERGENCY SERVICES OR A LICENSED MENTAL HEALTH PROFESSIONAL. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS NO DUTY TO MONITOR, DIAGNOSE, INTERVENE, OR RESPOND TO MENTAL HEALTH CRISES.

ASSUMPTION OF RISK – MENTAL AND EMOTIONAL

YOU ACKNOWLEDGE THAT PARTICIPATION IN SELF-REFLECTION, EMOTIONAL DISCUSSIONS, MINDSET COACHING, OR PERSONAL DEVELOPMENT MAY INVOLVE EMOTIONAL DISCOMFORT, STRESS, OR PSYCHOLOGICAL CHALLENGES. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH PARTICIPATION IN MENTAL HEALTH COACHING SERVICES. NO OUTCOMES OR RESULTS ARE GUARANTEED.

RELEASE OF LIABILITY – MENTAL HEALTH

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS THE INNER VOICE AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, COACHES, REPRESENTATIVES, AND AGENTS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, OR EXPENSES ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN MENTAL HEALTH COACHING SERVICES, YOUR MENTAL OR EMOTIONAL CONDITION, OR DECISIONS YOU MAKE BASED ON THE SERVICES.

FITNESS, PHYSICAL TRAINING, AND EXERCISE DISCLAIMER

The Services may include fitness coaching, physical training guidance, exercise recommendations, workout programming, movement instruction, or general fitness-related information (collectively, the “Fitness Services”). The Fitness Services are provided for informational and educational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment.

THE COMPANY IS NOT A LICENSED MEDICAL PROVIDER, PHYSICAL THERAPIST, ATHLETIC TRAINER, OR HEALTHCARE PROFESSIONAL. PARTICIPATION IN PHYSICAL ACTIVITY INVOLVES INHERENT RISKS, INCLUDING BUT NOT LIMITED TO INJURY, ILLNESS, AGGRAVATION OF PRE-EXISTING CONDITIONS, PERMANENT DISABILITY, OR DEATH. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR CONSULTING A LICENSED MEDICAL PROFESSIONAL BEFORE ENGAGING IN ANY FITNESS OR EXERCISE PROGRAM.

ASSUMPTION OF RISK – FITNESS

YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH PARTICIPATION IN FITNESS SERVICES, INCLUDING RISKS ARISING FROM IMPROPER TECHNIQUE, OVEREXERTION, PRE-EXISTING MEDICAL CONDITIONS, OR FAILURE TO FOLLOW INSTRUCTIONS.

RELEASE OF LIABILITY – FITNESS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, AND DISCHARGE THE INNER VOICE AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, COACHES, REPRESENTATIVES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, INJURIES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO PHYSICAL INJURY, MEDICAL COMPLICATIONS, PROPERTY DAMAGE, OR DEATH RESULTING FROM PARTICIPATION IN FITNESS SERVICES.

HARM FROM COMMERCIAL USE

You agree that the consequences of commercial use or re-publication of content or information from the Services may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy and that We will be entitled to temporary and permanent injunctive relief to prohibit such use.

DISCLAIMERS; NO WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY THE INNER VOICE, THE SERVICES AND THE INFORMATION CONTAINED ON SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE INNER VOICE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND INFORMATION CONTAINED THEREIN.  THE INNER VOICE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES.

No advice or information, whether oral or written, obtained from The Inner Voice, its affiliates, or its service providers or through the Services or content, will create any warranty not expressly made herein. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by Us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE INNER VOICE OR ANY OF ITS OWNERS, EMPLOYEES, OFFICERS, AGENTS, AFFILIATES, AND SUBSIDIARIES (“RELEASEES”) BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. NEITHER THE INNER VOICE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

In no event will The Inner Voiceor its subsidiaries or insurers aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of (i) the amounts you have paid for the Services, if applicable, in the twelve (12) month period prior to the event giving rise to the liability, or (ii) US $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN The Inner VoiceAND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

INFORMAL DISPUTE RESOLUTION

You agree that any dispute that has arisen or may arise between Us relating in any way to Your use of or access to the Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to The Inner Voicein any way (collectively, “Covered Dispute Matters“) will be resolved in accordance with the provisions set forth in this Section.

If You have any dispute with Us, you agree that before taking any formal action, contact us at info@theinnervoiceagency.com provide a brief, written description of the dispute and your contact information (including your email address) and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution of any issue with you.

MANDATORY ARBITRATION

By agreeing to the Terms, you agree that you are required to resolve any claim THAT YOU MAY HAVE AGAINST THE INNER VOICE ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION AGREEMENT. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE INNER VOICE, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST THE INNER VOICE BY SOMEONE ELSE.

• Arbitration Procedure. You agree that any dispute, claim or controversy arising out of or relating to (i) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms will be settled by binding arbitration between you and The Inner Voice, and not in a court of law. The arbitration shall be administered by the American Arbitration Association (“AAA“) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules“) then in effect, except as modified by this Arbitration Agreement. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Delaware. The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. Unless the parties agree otherwise, arbitration hearings will take place virtually or in Broward County, Florida. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. This Arbitration Agreement shall survive the termination of these Terms.

• Exceptions to Our Agreement to Arbitrate Disputes. There are only two exceptions to this Agreement to arbitrate: (i) if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief without bond in any court of competent jurisdiction or (ii) each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.

• Who Bears the Costs of Arbitration? You agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules unless otherwise stated in this Agreement to arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, you agree that The Inner Voiceis relieved of its obligation to reimburse you for any fees associated with the arbitration.

• Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in this Agreement to the contrary, You and We agree that if We make any amendment to this Agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against The Inner Voiceprior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the Agreement to arbitrate that have arisen or may arise between you and The Inner Voice. If you do not agree to these amended terms, you shall not access or use the Services, and the revised terms will not bind you.

• Judicial Forum for Legal Disputes. If the Agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to arbitrate, as a result of a decision by the arbitrator or court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and The Inner Voicemust be resolved exclusively by a state or federal court located in BrowardCounty, Florida. You agree to submit to the exclusive personal jurisdiction of the courts situated in Broward County, Florida, for the purpose of litigating all such claims or disputes.

• Arbitration Opt-Out Procedure. If you are a new user, you can choose to reject the agreement to arbitrate provision by emailing us an opt-out notice to info@theinnervoiceagency.com(“Opt-Out Notice“). The Opt-Out Notice must be received no later than thirty (30) days after the date you accept the terms of this Agreement for the first time. If you are not a new user, you have until thirty (30) days after the posting of the new terms to submit an arbitration opt-out notice. To opt-out, you must email your name, address (including street address, city, state, and zip code), the email address to which the opt-out applies, and an unaltered digital image of your valid driver’s license to info@theinnervoiceagency.com.This procedure is the only

• Youcan Opt-OutoftheAgreementtoarbitrate.IfyouOpt-OutoftheAgreementtoarbitrate,all otherpartsofthisAgreementandthisDisputesSectionwillcontinuetoapplyto Opting out of this Agreement to arbitrate does not affect any previous, other, or future arbitration agreements that you may have with The Inner Voice. By agreeing to this agreement, you now irrevocably waive any right you may have (i) to a court trial (other than small claims court as provided above), (ii) to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against Us and/ or related third parties, and (iii) to a trial by jury even if any arbitration is not required under this agreement.

• Statute of limitations for your claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website, services, or this agreement must be filed within one (1) year after such claim or cause of action arises, or it will be forever barred.

• Applicable Law. You and We agree that United States federal law, including the Federal Arbitration Act, and (to the extent not Inconsistent with or pre-empted by federal law) the laws of the State of Delaware, without regard to conflict of laws principles, will govern all Covered Dispute Matters. Such body of law will apply regardless of Your residence or the location of where You use the Services.

CLASS ACTION WAIVER

Any arbitration or action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. 

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between You and Us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Us.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the Services is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor of the Services, or by anyone who may be informed of any of its contents.

CHANGES TO TERMS

We reserve the right, in our sole discretion, to change the Terms under which the Services is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Services after expiry of the notice period or accepting the amended Terms (as We may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.

REGULATORY CHANGES

We may modify, suspend, or terminate any features, procedures, or requirements of the Services to comply with changes in law, regulation, or guidance from regulatory authorities.

Relationship Between the Parties

The parties are independent contractors and nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Each Party has sole responsibility for its activities and its personnel and shall have no authority and shall not represent to any third party that it has the authority to bind or otherwise obligate the other party in any manner.

SEVERABILITY

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

FORCE MAJEURE

We shall be excused from performance under these Terms of Use, to the extent We are prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of The Inner Voice.

EXPORT CONTROLS

The Services originate in the United States and are subject to United States export laws and regulations. The Services may not be exported or re-exported by you to certain countries, or those persons or entities prohibited from receiving exports from the United States. In addition, the Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Services.

NOTICE TO iOS USERS

This Section only applies to the extent you are using our mobile application(s) on an iOS device. You acknowledge that these Terms are between you and The Inner Voiceonly and not with Apple, Inc. (“Apple”), and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Services, including: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services and/or your possession and use of the Services infringes third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

NOTICE TO GOOGLE PLAY USERS

If the Services are provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google“) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms. You acknowledge that Google is not responsible for providing support services for the Services. If any of the terms and conditions in these Terms are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement as of the date these Terms were accepted, the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

MISCELLANEOUS

These Terms constitute the entire agreement between you and Us relating to your access to and use of the Services. When you purchase any services from The Inner Voice, the Services are controlled and operated from within the United States. Without limiting anything else, We make no representation that the Services, information or other materials available on, in, or through the Services are applicable or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Services from other locations do so on their own volition and are responsible for compliance with applicable laws. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. The waiver or failure of The Inner Voiceto exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” Any provisions of these Terms that by their nature should survive termination shall so survive, including without limitation, ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, and dispute resolution provisions.

CONTACT US

We welcome your questions or comments regarding these Terms:

The Inner Voice

info@theinnervoiceagency.com