Cancellations and Refunds
Due to your purchase being a coaching and or consulting service package (“Service”) in a business capacity, we do not offer refunds or cancellations. All contracts and purchases are binding and paid in advanced.
Due to your purchase being an info-product in a business capacity and downloadable at the time of purchase, we do not offer refunds or cancellations. All purchases are binding.
Terms and Conditions
These terms and conditions (“Terms”) apply to all Breaks for Success Coaching and Consulting Services operated by Ily Moreno 5307 E. Mockingbird Lane Suite 500, Dallas, TX, 75206, United States.
By registering to be a participant in any of our Coaching and or Consulting Services, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
The agreement between Breaks for Success and you, the person or entity registering to be a participant in the Coaching or Consulting Service Packages and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your registration form for Service and shall continue until terminated in accordance with these Terms.
If you are purchasing online, the order process will be as follows:
Follow the instructions prompted to you and add the Service to the cart and proceed to the checkout and make payment as directed on the Website. All Breaks for Success transactions are conducted via Bank of America merchant services and its affiliates. You will be re-directed to the transaction page for you to make payment and then once payment is made, you will be re-directed back to http://www.breaksforsuccess.com. We will then send you an email acknowledging your order and confirming whether we have accepted your order.
Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
If at any stage you have made an error in your order, you may email us at firstname.lastname@example.org to correct any errors.
Product and Service Delivery
The selected Service will be provided over the course specified on the Work with us/Services page (sales page) and shall be delivered by a combination of online sessions, telephone sessions, one on one in person sessions (“In Person Session”) if previously arranged, or as a downloadable product as detailed on the site.
The date and time of all telephone sessions and In Person Sessions are as set out on the site but are subject to change. We will provide you with as much notice of any change as possible but we shall not be liable to you in any way for any change to such dates or times. Please check the Site regularly for updates on changes to dates and times.
a. In Person Sessions
- Cancellations: If you have arranged for and in person session and need to cancel it, you should provide us with as much notice as possible (by emailing email@example.com) and we will endeavor to reschedule the session to a mutually convenient date and time. If you provide us with less than 24 hours’ notice or fail to provide us with any notice we may not be able to reschedule the session and shall not be obliged to refund you any amounts paid in relation to such session.
- Location and Venues: In person sessions may be held in third party venues such as Breaks for Success virtual office meeting rooms at the F O U N D R Y CLUB DALLAS, hotel meeting rooms and others, and you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). We will require you to leave if you do not comply with such policies and rules (and shall not be obliged to refund you any amounts paid in relation to such session). You agree to indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a venue as part of the Services.
- Belongings: You are responsible for your own belongings that you take to an in person session and neither Breaks for Success nor the venue will be liable for any loss, damage, theft or destruction of any of your belongings.
b. Telephone Sessions
- Individual or Group telephone sessions shall start and end at the scheduled times regardless of the time that you join the call. If you are late for an individual telephone call, this may be extended at our discretion but if we need to end at the scheduled time, we shall not be obliged to refund you any amounts in relation to such session.
c. Online Sessions
- The online sessions are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Session but in the event that such content (or any content added by you or other participants) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
- You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorized use of your account.
The total price payable for the Service Package of your selection is as set out in in the Website sale page and/or set in the Service Contract/Agreement provided to each client.
All Services are paid in advance and in one lump sum and the total price payable shall depend upon which Service Package you have selected and shall be as set out in the Service Contract/Agreement. Payment is to be made by any method that is detailed on our site from time to time.
The total price payable as set out in the Sales Page and/or Service Contract/Agreement exclusive of Value Added Tax (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.
You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Services.
Breaks for Success Obligations
- Service delivery: We warrant to you that all Services and/or Products purchased from us are of satisfactory quality and reasonably fit for the purpose for which the Services and/or Products are supplied.
- Results: Due to the nature of the Coaching Process and the fact that your success is dependent on a number of factors over which we have no control, we do not and cannot guarantee any particular results.
- Information: We will endeavor to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise. We acknowledge that in the course of the Service we will have access to your confidential information and we agree not to (except in the proper course of our duties) use or disclose to any third party such confidential information. This restriction does not apply to: (1.) any use or disclosure authorized by you or required by law; (2.) any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or (3.) any information which is already in, or comes into, the public domain otherwise than through our unauthorized disclosure. You acknowledge and agree that your personal information will be processed by and on behalf of us as part of us providing Services to you.
Breaks for Success is the owner or the licensee of all Intellectual Property Rights and all other rights in the Services and Products provided. All content within the Services and/or Products and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights to you or to any other person.
You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials you receive while receiving any Services and/or Products.
As a paying client we grant to you a limited, non-exclusive, non-transferable, non-sub license-able revocable license to use all or any of the content access while receiving Services and/or Products only for the purposes for which they were provided to you.
You may not use or reproduce, without our prior written consent, our logo, photos and any other visual and audio content.
You are not permitted to sell or promote products or services to other participants of Breaks for Success while participation and/or receiving services in a Group Setting without our prior written permission.
Termination of Services
All Services shall continue until the Service Contract/Agreement expire, except for: (1.) any additional terms and/or other agreements specified in advanced in the Service Contract/Agreement, (2.) if an application to a court of competent jurisdiction is completed, (3.) if the client is convicted of a custodial offence (other than a road traffic offence); or the other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
Termination of the Service Contract/Agreement shall not affect the parties’ (Breaks for Success and the client) accrued rights, obligations, or liabilities including the right to claim damages in respect of any breach of the Service Contract/Agreement which existed at or before the date of termination. Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
Breaks for Success shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into a Service Contract/Agreement and/or by Breaks for Success service and/or product delivery.
We shall not be not liable for additional costs incurred by you as a result of changes in Service Delivery, including but not limited to changes in: content, location/venues, and time and date of sessions. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
Other Relevant Conditions
By purchasing services and entering into a Service Contract/Agreement you acknowledge and agree to the following:
1. By registering for our Services you warrant that:
a. You are legally capable of entering into binding contracts
b. You are at least 18 years old
c. That all information you provide us with is materially true and accurate at all times and not misleading in any way
d. You accept that communication with us will be mainly electronic and that we will contact you by e-mail or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
e. We may vary these Terms (other than the price payable by you for the Services) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation of Services will be deemed to be your acceptance of any new Terms.
f. The Service Contract/Agreement is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
g. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
h. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by United States law.
i The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
Breaks for Success LLC
Business Phone Number: 857-216-6019
Address: 5307 E. Mockingbird Lane,
Suite 500 Dallas Texas 75206