THESE TERMS OF USE (THESE “TERMS”) REPRESENT AN AGREEMENT BETWEEN YOU AND RIVER BEACH LIMITED (“WE,” “US”, “OUR”) AND GOVERN YOUR USE OF THE EMPOWERMENT HUB (THE “HUB”) MADE AVAILABLE BY MEANS OF EMMYBRUNNER.MYKAJABI.COM OR EMMYBRUNNER.COM (THE "SITES"). WE REFER TO THE SITES AND THE HUB COLLECTIVELY IN THESE TERMS AS THE “SERVICES.” BY ACCESSING AND USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. 

 

1. ACCESS AND USE

Upon clicking the 'sign up' button, we grant you a limited, non-exclusive, non-transferrable, revocable license to access the Hub solely for your personal (non-commercial) use, in accordance with these Terms. All other uses are expressly prohibited unless agreed in writing by one of our authorised representatives.

 

2. PAYMENT AND CANCELLATION

(a) No payment is required for access to the Empowerment Hub however we may present opportunities for you to purchase additional ‘locked’ content. Any purchases made inside the Hub are non-refundable and non-transferrable, and may be subject to foreign or other transaction fees from your bank. You agree to be responsible for any such charges.

(b) You may request the deletion of your Kajabi account in full thus completely leaving the Empowerment Hub and removing all of the data you have provided us with during your time in the Hub by emailing [email protected]

(c) Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to access and use the Hub, in whole or in part, without providing any refund for add-on purchases, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms, or that you have demonstrated abuse towards our colleagues and/or other community members. 

(d) We reserve the right to revoke any license to access and use the Hub at any point in time in the event where we decide or are obligated to disable access to the Hub due to legal or policy reasons, for example, if the Hub is the object of a copyright complaint, or if we determine its content violates our Terms. If for any reason, we should dissolve or cease to exist, then your access to and use of the Hub terminates.

 

3. YOUR CONDUCT

You agree that you will not:

(i) use the Services in a manner that (a) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (g) has an adverse effect on our business, reputation or ability to provide Services; or (h) would otherwise be reasonably deemed objectionable under the circumstances;

(ii) violate any guidelines applicable to use of the Hub or interfere with, impair or disrupt the ability of others to use such Hubs;

(iii) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;

(iv) violate or attempt to violate the security of the Services;

(v) reverse engineer, decompile or disassemble any portion of the Services;

(vi) “scrape” information from the Services by automated means;

(i) interfere with the ability of others or permit any unauthorised access to or use of the Hub that you have licensed or to any password applicable to your account for the Services;

(vii) use, redistribute or resell the Hub in whole or in part, other than such unremunerated sharing via social media as may be authorised on the Services or otherwise in writing by us; or

(viii) reproduce, modify, display, distribute, sell, re-sell, redistribute, publish, transmit, assign, broadcast, disclose, videotape, share, lend, modify, adapt, edit, sublicense, divulge, transfer, exploit or create derivative works of the Hub in whole or in part, except as expressly provided in these Terms.

 

4. PROPRIETARY RIGHTS

As between you and us, we own the Services, including the Hub, along with all graphics, photographs, images, artwork, text, fonts, software, and other technology, as well as the contents, design, layout, functions, appearance, and other intellectual property comprising the Services. These ownership rights encompass all Intellectual Property Rights inherent in or appurtenant to the Services. The Services contain proprietary material owned by us, which is safeguarded by copyright and other laws regarding proprietary rights. Additionally, the Services are protected by copyright as a collective work and/or compilation, in accordance with UK copyright laws, international conventions, and other applicable copyright laws. We reserve all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may only use the Services as expressly permitted under these Terms.

 

5. REPRESENTATIONS & WARRANTIES

You represent and warrant that you are at least eighteen (18) years old.

 

6. INDEMNITY

(a) You agree to indemnify, defend, and hold harmless us and our affiliates, as well as all officers, directors, employees, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”), from and against any and all demands, suits, losses, expenses, damages, liabilities, costs, judgments, including reasonable legal fees, sustained by the Indemnified Parties in connection with any claim arising out of your use of the Hub or any breach by you or any user of your account of these Terms.

(b) You shall cooperate fully as reasonably required in the defence of any such claim. Additionally, you agree not to hold us, our coaches, or other employees responsible for any negligent actions or adverse results, whether known or unknown, that you may incur or suffer as a result of the coaching sessions you receive pursuant to this Agreement.

(c) We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you.

 

7. DISCLAIMERS; LIMITATIONS OF LIABILITY

(a) You assume all responsibility and risk for your use of the Hub. The Hub is provided “as is” without representations or warranties of any kind, either express or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. 

(b) While we make good faith efforts to include substantially accurate information in the Hub, errors or omissions may occur. If we receive notice of errors or omissions, we will make reasonable efforts to correct them in due course; but we make no representations or warranties regarding the accuracy, completeness, performance, currency, or fitness for a particular purpose of the Hub, that the Hub will meet your requirements, or as to the results that will be derived from using any of the information included in the Hub. Past performance is no guarantee of future results. 

(c) In no event shall we or our affiliates be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of, delay in using, or inability to use the Hub. Our liability for any direct damages shall be limited to the amount of fees you have paid for the Hub (if any) giving rise to such liability. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and thus the above limitation may not apply to you. If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, our maximum liability for any type of damages shall be limited to a single amount of twenty-nine British Pounds (£29) only (the original price of access to the Empowerment Hub).

(d) You assume all responsibilities and obligations with respect to any decisions, advice, conclusions or recommendations made or given as a result of the use of the Hub, including without limitation any decision made or action taken by you in reliance upon the Hub. You accept that our coaches are not financial advisors, brokers or dealers. The Hub shall not constitute or be construed as a recommendation, solicitation, offer or opinion by us or our coaches, employees, affiliates, principals or content providers, for any financial transaction or the purchase of any financial instrument, including but not limited to securities, or any kind of investment. 

(e) You assume all responsibility and risk for your use of the Hub. There is no guarantee that you will earn any money or achieve any particular results using the techniques and ideas provided in connection with the Hub. You are responsible for your own experience and your own self-care. We provide educational and informational content and events to aid in your planning, implementation and motivation. We represent, and by signing this Agreement, you acknowledge that you understand and agree that content and events as part of the Hub are not life/career/business coaching, psychological counselling, relationship counselling, financial advising, estate planning nor any other type of counselling or therapy sessions. None of the information provided in connection with the Hub shall be construed to constitute medical, financial or accounting, legal or other professional advice or therapy; it is your responsibility to consult with an appropriate licensed professional if you seek any such advice. We are not responsible whatsoever for any health issues (including but not limited to emotional, mental, psychological, physical, physiological, social, relational, spiritual, cultural, occupational, vocational, financial, environmental, intellectual).

 

8. LAW; JURISDICTION

These Terms shall be governed by the laws of the United Kingdom without giving effect to the principles of conflict of laws. You and we agree that any action or dispute between us will be resolved exclusively by arbitration in the United Kingdom.

 

9. PRIVACY

(a) Any information you disclose to us during live virtual events or in the comments section of the Hub remains strictly confidential. Personal information will not be disclosed without your consent unless required by law.

(b) Please be aware that webinars and other virtual events are recorded and published to the Hub for future viewing. Upon joining a live session, you will be required to click a button indicating your acceptance of the recording. Failure to accept will prevent you from joining live, although you will still be able to watch the replay at a later date. By accepting, you grant us the irrevocable right to use your likeness, image, and voice in recordings published to the Hub without compensation, provided you choose to turn on your camera and/or microphone during the event.

(c) You agree not to disclose, directly or indirectly, the identity or any personal information of fellow Hub members or event attendees, including any celebrities or public figures, without their explicit prior consent. This obligation extends to all forms of communication, including but not limited to verbal discussions, written materials, and online platforms. Violation of this confidentiality clause may result in legal action and termination of your license to the Hub without refund.

(d) We will always comply with the United Kingdom Data Protection Act and the General Data Protection Regulation (GDPR). Your use of the Hub is subject to our Privacy Policy, which is incorporated into these Terms. By using any part of the Hub, you acknowledge and consent to our collection and use of information as set forth in the privacy policy. 

 

10. CHANGES

(a) We may modify these Terms at any time by informing you of changes via email; however, (i) these changes will only become effective and binding with respect to you after we provide written notice via email that these Terms have changed and you first use any part of the Hub following the date of such notice, (ii) the changes will only apply with respect to your use of the Hub after such changes become effective, and (iii) any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Hub. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Hub. 

(b) We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Hub at any time, including the availability of any feature or content. This includes changing the delivery format (for example, from live to pre-recorded or vice versa), changing the platform(s) the on-demand content and coaching sessions are run and/or hosted on (for example, from Zoom to Microsoft Teams or from Kajabi to another course platform) and bringing in a different employee whom is also able to deliver the Hub with reasonable care and skill. All advertising and marketing material and all prior representations or agreements, if any, whether oral or written, are hereby superseded by these Terms. 

 

11. LINKS

The Services may contain or recommend links to websites that we do not operate. We are not responsible for the content, products or services of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.

 

12. MISCELLANEOUS

(a) No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of the Services. 

(b) These Terms shall be effective as of the date accepted by you upon submitting the Sign Up button. These Terms represent the entire Agreement between you and us with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Hub. 

(c) We may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, we shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent.  

(d) The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “us”, “our” or variations thereof shall be deemed to refer to River Beach Limited. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organisation or legal entity that you represent, if you are entering into these Terms on behalf of such organisation or entity.  

(e) Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with us. Notices to us shall be sent by email to [email protected].

 

13. ELECTRONIC AGREEMENT

(a) You acknowledge and agree that your electronic agreement via tick box alongside these Terms shall be considered valid and legally binding. 

(b) By submitting your electronic agreement via tick box alongside these Terms, you affirmatively express your intent to be bound by this Agreement, and you consent to the use of electronic communication to enter into agreements, receive notices, and transact business electronically. 

(c) You further acknowledge that your electronic agreement via tick box alongside these Terms  is the legal equivalent of your manual signature on this Agreement. 

(d) We may rely on your electronic agreement via tick box alongside these Terms for the execution of this Agreement, and such reliance shall have the same force and effect as if you had manually signed a paper version of this Agreement. 

(e) If you do not agree to the use of electronic agreement via tick box alongside these Terms, please refrain from clicking the Sign Up button, and contact us via [email protected] for alternative arrangements.