Home / Terms of Service

OVERVIEW 

This website is operated by YourEmpoweredLife, owned by Stickman Productions, LLC. Throughout the site, the terms “we”, “us” and “our” refer to YourEmpoweredLife. YourEmpoweredLife offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site, purchasing something from us, accessing and/or using any of our programs, products or services you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink including but limited to our Privacy Policy, Refund Policy and Income Disclaimer. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website and/or using any of our programs, products, or services. By accessing or using any part of the site and/or using any of our programs, products, or services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our programs, products, or services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website, programs, products, or services following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 


SECTION 1 - ONLINE STORE TERMS 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of the Terms will result in an immediate termination of your Services. 


SECTION 2 - GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 


SECTION 5 - PRODUCTS OR SERVICES (if applicable) 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Refund Policy. 


SECTION 7 - OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 


SECTION 8 - THIRD-PARTY LINKS 

Certain content, products and services available via our Service may include materials from third-parties. 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 


SECTION 10 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 


SECTION 12 - PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall YourEmpoweredLife, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 


SECTION 14 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless YourEmpoweredLife and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 


SECTION 15 - SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 


SECTION 16 - TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 


SECTION 17 - ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 


SECTION 18 - GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States. 


SECTION 19 - CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website, programs, products, or services following the posting of any changes constitutes acceptance of those changes.


SECTION 20 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at connect@yourempoweredlife.com.

 

SECTION 21 - LICENSE HOLDER AGREEMENT

This License Holder Agreement (Agreement) is entered into by and between Stickman Productions (“Licensor”) and, the program license holder (“Licensee”). Licensor and Licensee will sometimes be described in this Agreement collectively as the “Parties” or individually as the “Party.”

1. License to Use Program Materials

a. Limited License. Licensor grants to Licensee a limited, non-exclusive, non-assignable, non-transferable and revocable license (without the right to grant sublicenses) to use the Program Materials for the live speaking, teaching, coaching and training of the Licensee’s clients. While Licensee may use the Program Materials for such purposes, Licensee is not authorized to certify any person or entity as an Empowered Living Coach or any other similar certification using the Empowered Living name. Licensee may not create products or marketing materials such as videos, books, webinars, DVDs, CDs or the like using the Program Materials for the content or the basis of the content of such products or materials whether such products or materials are offered for sale or not, without the prior written approval of Licensor. The license granted to Licensee is conditioned upon Licensee’s compliance with all of the terms and conditions in this Agreement and such rules and policies as may be developed by Licensor from time to time for the Program and use of the Program Marks (as defined in Section 2 hereof) and the Program Materials.

b. Ownership of the Program Materials. Licensee acknowledges that the Program Materials are the exclusive property of the Licensor, and protected by copyright, trademark and other intellectual property laws, both domestic and international. Nothing in this Agreement shall be construed as transferring, assigning, or conveying any such ownership or proprietary rights to the Program Materials from the Licensor to Licensee or any other person or entity. Licensee may not remove, alter, or obscure any copyright, legal or proprietary notices in or on any portions of the Program Materials. Licensee may not duplicate, modify, or otherwise use the Program Materials in any format other than the format in which they were provided to Licensee without the prior written consent of Licensor or specifically set forth in this Agreement.

c. Limitations on the License. Licensee has the right to use the Program Materials as specifically set forth in this Agreement. Licensee will not have the right to use the Program Materials or any other copyright, trademark, trade name, or other intellectual property asset of the Licensor for other purposes including, but not limited to the following technical uses: creating an archive; using in a searchable, machine-readable database; modifying; reverse engineering; decompiling; storing; copying; reproducing; distributing; creating derivative works (as defined in the U.S. Copyright Law, 17 U.S.C. section 101); adapting or incorporating into other Program Materials, products, programs or services; selling; sublicensing; leasing; time-sharing; publishing, advertising, promoting or broadcasting, without the prior written consent of Licensor.

d. Transfer of Program Materials. Licensee agrees not to loan, transfer, convey, lease or sell any of the Program Materials to any third party without the prior written consent of Licensor. A “third party” is defined as any person or entity other than Licensee.

e. “Customized” Program Materials. Licensee may request that Licensor “Customize” the Program Materials or Licensee may “Customize” the Program Materials. The Program Materials will be deemed to have been “Customized” if any changes, substantial or not, are made to the materials from the form in which they are provided to Licensee by Licensor. By way of example, but not limitation, the Program Materials are considered “Customized” if Licensee’s logo is added to a page within a workbook, scripts, worksheets and videos, if changes are made to the text or if new handouts are included. Any Program Materials “Customized” by Licensee must be approved in writing by Licensor in advance of any use of such Program Materials. If the Program Materials are “Customized”, any and all modifications, improvements, changes or additions to the Program Materials, (excepting any of Licensee’s trademarks or trade names) that are in whole or in part derivative of the Program Materials, whether created by Licensee, Licensor or otherwise, shall be the sole and exclusive property of the Licensor. Licensee hereby assigns and transfers to the Licensor all of Licensee’s right, title and interest, throughout the universe and in perpetuity, to any customizations made to the Program Materials.

f. Safeguards. Licensee shall use appropriate safeguards to prevent the access, use or disclosure of Program Materials other than as provided for by this Agreement. Licensee shall implement, use and maintain reasonable and appropriate practices, procedures and systems, including administrative, technical and physical safeguards designed to (i) protect the security, confidentiality and integrity of Program Materials, (ii) ensure against anticipated threats or hazards to the security or integrity of Program Materials, (iii) protect against unauthorized access to or use of Program Materials and (iv) otherwise comply with its obligations under this Agreement. These safeguards include a data security plan, employee training, information access controls, restricted disclosures, systems protections (e.g., intrusion protection, data storage protection and data transmission protection) and physical security measures. Licensee shall identify in writing upon request all of the safeguards that it uses to prevent impermissible access, uses or disclosures of Program Materials.

2. Trademark

Licensee shall be permitted to market or promote its affiliation with the licensed program solely for purposes of marketing and promoting Licensee services as a coach, teacher and speaker and as a part of any biographical description of Licensee. Licensee may not alter the logo in color, text, or design in any way. Upon prior written approval of Licensor, Licensee may use the Program Marks and such other marks as may be provided for use to Licensee by Licensor from time to time (collectively, the “Program Marks”) in any size and in conjunction with Licensee’s own marketing materials and other promotional media solely for purposes of promoting Licensee’s services as a coach, teacher and speaker. Notwithstanding the foregoing, no approval shall be required for Licensee’s use of marketing or collateral materials using the Program Marks which are provided by Licensor to Licensee. Any unauthorized use of the Program Marks can deceive customers and dilute the value of the Program Marks; therefore, the Program Marks must be used only in a manner and to the extent specifically authorized by Licensor. Licensor specifically prohibits the use of the Program Marks or any variation of the Program Marks in any internet domain names, social media names or e-mail addresses, except those provided by Licensor to Licensee. Licensor reserves the right to obtain the transfer of any unauthorized domain name upon request and without reimbursement. Licensee acknowledges that Licensee shall have no right or license to use Paul Martinelli, or Roddy Galbraith’s names or likenesses or any derivatives thereof except as specifically provided in this Agreement or as otherwise may be granted in writing by Licensor.

 

3. Termination
a. General. The license and other rights granted to Licensee pursuant to Agreement shall be subject to termination, at Licensor’s sole discretion, by providing written notice to Licensee, in the event of any breach by Licensee of any term or condition of this Agreement, and such breach having continued for a period of fifteen (15) days or more after written notice by Licensor to Licensee to cure or remedy such breach. If Licensee timely cures said breach as determined by Licensor in its sole good faith discretion, any reoccurrence of said breach, either on the same or substantially similar facts, will negate any further right-to-cure afforded. Notwithstanding anything to the contrary contained herein, in the event that Licensee’s breach of this Agreement results in irreparable damage to the Program, Licensor, as determined by Licensor in its sole discretion, Licensor shall not be obligated to provide Licensee with any opportunity to cure and this Agreement will be immediately terminated upon notice by Licensor to Licensee. There is no condition for which a refund will be granted for any funds paid for the program.

 

b. Effect of Termination. Upon termination of this Agreement, Licensee shall have no right to use the Program Materials or the Program Marks or represent himself or herself as part of the Empowered Living Teaching Team, except with Licensor’s express written consent and instructions; provided however, that Licensee shall continue to be bound by Licensee’s obligations hereunder.

 

4. Infringement

If Licensee learns that any third party (including Licensee’s clients) is making any unauthorized use of the Program Materials or the Program Marks or any other copyright, trademark or intellectual property right of Licensor, Licensee agrees to promptly notify Licensor in the most expeditious means possible, followed by written notice, of such alleged unauthorized use and all other facts known to Licensee. Licensee agrees not to make any demands or claims, bring suit, effect any settlements, or take any other action against that party without prior written consent from the Licensor. Licensee agrees to reasonably cooperate with the Licensor, at no out-of-pocket expense to Licensee, in connection with any action taken by the Licensor to investigate or terminate the infringement.

5. Program Specific Terms & Conditions

The Heart if the Matter [License to Teach]. The Program Videos in this facilitation license are downloadable.

  1. Licensee is required to store Program Videos on a password protected system to prevent unauthorized access, use or disclosure.
  2. Licensee may play the videos for teaching, coaching or training of the Licensee’s clients. Licensee cannot sell, or create and sell a digital program that uses any part of the video content.
  3. Licensee may not release the Program Videos in part or in whole in anyway. Licensee may not duplicate, modify, reproduce, distribute, or otherwise use the Program Videos in any format other than the format in which they were provided.
  4. Licensee may not add Program Videos to any access platform for student use, place on any marketplace, social media site, shared content or any third-party websites.
  5. Program Videos are to be shown only for facilitation on a password protected platform.