Updated 19. October 2020

Terms of Use

IMPORTANT – READ CAREFULLY. YOUR (“CLIENT’S”) USE OF THIS PROGRAM IS CONDITIONED UPON CLIENT’S COMPLIANCE WITH, AND ACCEPTANCE OF, THE FOLLOWING TERMS OF USE. CLIENT ACKNOWLEDGES AND AGREES THAT BY CLICKING ON THE ACCEPT BUTTON OR SIMILAR BUTTONS OR LINKS DURING THE PAYMENT PROCESS OR BY ACKNOWLEDGING THESE TERMS VIA EMAIL FOR BANK WIRES, CLIENT IS ENTERING INTO A LEGALLY BINDING CONTRACT BASED ON THE TERMS SET OUT BELOW.

Elena Herdieckerhoff

Pienzenauerstrasse 91

81925 München

Germany

team@elenaherdieckerhoff.com

VAT Registration Number/ Umsatzsteuer-Identifikationsnnummer gemäß §27 a Umsatzsteuergesetz : 
DE297172142

In the clauses below – Elena Herdieckerhoff is a brand of Elena Herdieckerhoff and Elena Herdieckerhoff is sole legal representative. 

YOU WILL NOT BE PERMITTED TO USE ELENA HERDIECKERHOFF’S PROGRAM AND THE ASSOCIATED SERVICES UNLESS AND UNTIL CLIENT ACCEPTS THIS TERMS OF USE AND ANY OTHER RULES OR POLICIES THAT ELENA HERDIECKERHOFF MAY CREATE AND MAKE AVAILABLE FROM TIME TO TIME.

THIS TERMS OF USE (“Terms“) is entered into this day of purchase with ELENA HERDIECKERHOFF (“ELENA HERDIECKERHOFF‘) and you (“Client”). ELENA HERDIECKERHOFF and Client shall collectively be referred as the “Parties.”  

WITNESSETH By purchasing or using any of ELENA HERDIECKERHOFF’s Coaching Programs, Digital Courses, Membership Sites or other online material (“Program”), Client agrees to abide by these Terms of Use. Accessing, purchasing or using the Program in any manner constitutes use of the Program.

1. REPRESENTATIONS AND WARRANTIES 1.1 By registering for the Program, Client represents and warrants: (a) Client is legally capable of entering into binding contracts; and (b) Client is at least 18 years old; and (c) That all information Client provides ELENA HERDIECKERHOFF with is materially true and accurate at all times and not misleading in any way. 1.2 These representations and warranties shall survive this Terms of Use  

2. ELENA HERDIECKERHOFF’S SERVICES Upon execution of this Terms of Use and receipt of payment from the Client, ELENA HERDIECKERHOFF agrees to render Program services and trainings related to business coaching. The scope of Program services rendered by ELENA HERDIECKERHOFF pursuant to this contract shall be solely limited to those contained therein.     

3. PROGRAM DETAILS 3.1 By purchasing, Client agrees to the Program curriculum as laid out on the sales/payment page. 3.2 Client understands that a relationship with ELENA HERDIECKERHOFF does not exist between the Parties after the conclusion of the Program. If the Parties desire to continue their relationship, a separate Terms of Use will be entered into.  3.2 The maximum validity of coaching programs is one year (365 days) counted from the date of the first coaching session. For VIP Days, the maximum time to book the VIP day is 3 months after date of payment. After that date, access to Program or VIP Day is revoked and any sessions that have not been used automatically expire without notice. 3.3 For online courses, lifetime access is granted unless otherwise specified. 3.4 For group coaching programs, the curriculum is as set out on the sales page and the program ends with the last indicated session date.

4. BUSINESS COACHING MATERIAL DELIVERY Client calls (video or audio) are made using ZOOM (https://zoom.us/terms). Recordings will be stored on Dropbox and a link of the call recording will be made available via email. Client needs to download the recording within 7 days, as the recording will be deleted from our database. ELENA HERDIECKERHOFF has taken all necessary and reasonable steps to ensure that the content will be available at all times for the duration of the Program, but in the event that such content should become unavailable in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, ELENA HERDIECKERHOFF shall have no liability in any circumstances.

5. PRIVACY POLICY Client has read and agreed to our Privacy Policy. See the full Privacy Policy here.

 6. COMPENSATION. Client has the option of paying either in full in an upfront payment or in monthly instalments in the form of a payment plan.

 7. PAYMENT TERMS 7.1 Parties agree that the Program services to be rendered are in the nature of coaching, mentorship and online training. Upon execution of this Terms of Use, Client shall be responsible for the full extent of the fee, regardless of whether Client completes the full extent of the Program offered by ELENA HERDIECKERHOFF. 7.2 Upon execution of this Terms of Use, all payments towards the fee shall be collectable and non-refundable. 7.3 Payments are to be made via bank wire or credit card. 

8. CHARGEBACKS AND PAYMENT SECURITY. 8.1 Purchases and Online Commerce: If paying by debit card, or credit card, Client gives ELENA HERDIECKERHOFF permission to automatically charge credit or debit card as payment for Program without any additional authorization. Client will receive an automatic electronic receipt of purchase. 8.2 In the event that payment is not received by the date due, Client will have a four (4) day grace period to make the payment otherwise access to the Program will be immediately revoked. 8.3 If Client fails to make payment in a timely manner in accordance with Terms of Use or voluntarily decides to withdraw from Program at any time or for any reason whatsoever, Client still will remain fully responsible for the full cost of the Program.  8.4 All information obtained during purchase or transaction for ELENA HERDIECKERHOFF’s Program, all extra information that Client gives as part of the transaction, such as name, address, method of payment and billing information, may be collected by both ELENA HERDIECKERHOFF and ELENA HERDIECKERHOFF’s payment processing companies. 8.5 Client agrees to only purchase Program for him- or herself or for another person for whom s/he is legally permitted to do so or for whom s/he has obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. Client agrees to be financially responsible for all purchases made by him/her or someone acting on his/her behalf. Client agrees to use ELENA HERDIECKERHOFF’s Programs for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or otherwise illegal purposes. 8.6 Client releases ELENA HERDIECKERHOFF, ELENA HERDIECKERHOFF’s affiliates or payment processing companies from any damages that Client incurs, and agrees not to assert any claims against ELENA HERDIECKERHOFF or them, arising from Client’s purchase through or use of ELENA HERDIECKERHOFF’s Website, Program or its Content. 8.7 To the extent that Client provides ELENA HERDIECKERHOFF with credit card information for payment on Client’s account, ELENA HERDIECKERHOFF shall be authorized to charge Client’s credit card for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to ELENA HERDIECKERHOFF, ELENA HERDIECKERHOFF shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. 8.8 Client shall not make any chargebacks to ELENA HERDIECKERHOFF’s account or cancel the credit card or terminate the subscription via Paypal that is provided as security. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to ELENA HERDIECKERHOFF without notifying ELENA HERDIECKERHOFF in advance. In the event that a chargeback is placed on the Program purchase or ELENA HERDIECKERHOFF receives a chargeback threat during or after the Program purchase, ELENA HERDIECKERHOFF reserves the full right to report the incident to all major credit reporting agencies in the USA and abroad or to any other entity for inclusion in any chargeback lists or credit rating lists which could result in a negative impact on Client’s good credit report or rating. The information reported may include but is not limited to information such as Client’s full name, email address, purchase amount, and billing address. Chargeback abusers concerned by this clause may remove their name from any such databases by making a payment to the amount of the initial chargeback.   

9. REFUNDS There are strictly no refunds offered. It is recommended that Client reaches out to ELENA HERDIECKERHOFF with any questions before signing up to make sure Client fully understands the scope and content of the Program. Client is always responsible for making timely payments.   

10.  TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Terms of Use the Program will be automatically terminated.  

11. CANCELLATION Clients on a payment plan are not permitted to cancel their payment plan.

12. NO RESALE OF SERVICES PERMITTED. 12.1 Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This Terms of Use is not transferrable or assignable without the ELENA HERDIECKERHOFF’s prior written consent. 12.2 ELENA HERDIECKERHOFF’s Limited License to Client. ELENA HERDIECKERHOFF’s Program content is protected by copyright, trademark, and other intellectual property laws. The content in ELENA HERDIECKERHOFF’s Programs is solely owned by or licensed to ELENA HERDIECKERHOFF, unless otherwise indicated. This content includes, but is not limited to, the logos, appearance, design and style, graphics, slogans, handout format, presentation format or other of our Program Materials or any other material or aspects of materials provided by ELENA HERDIECKERHOFF to Client. Reproduction is prohibited unless it is for personal, non-commercial use only, limited to only the Client. Client may not use the Program or the Program Materials in a manner that constitutes an infringement of ELENA HERDIECKERHOFF’s rights or in a manner that has not been explicitly authorized by ELENA HERDIECKERHOFF in writing. 12.3 Client is being granted a one time and personal limited license to use and right to use ELENA HERDIECKERHOFF’s Program with certain permission and restrictions implied in said license. When Client purchases Program, Client is purchasing the limited right to use the Program Materials in the form that is provided by ELENA HERDIECKERHOFF. Client may download and/or print Program Materials for Clients personal use. However, Client is not permitted to share, reprint or republish or sell, any of ELENA HERDIECKERHOFF’s Program Materials, including ebooks, PDF’s, video files, handouts, or audio files or other information for resale or other reproduction purposes for Client’s own business usage and/or monetary gain. All rights not expressly granted in these terms or any express written license, are reserved by ELENA HERDIECKERHOFF. 12.4 When Client has enrolled in or purchases ELENA HERDIECKERHOFF’s Program, Client agrees that he/she will not in any way use, copy, adapt or represent any of ELENA HERDIECKERHOFF’s Programs or Program Materials in any way as if they originated from Client. Client will never copy or share ELENA HERDIECKERHOFF’s Programs or Program Materials, or any parts of them. Client will not engage in improper and/or unauthorized use of our Programs and Program Materials. 12.5 Improper and unauthorized use includes but is not limited to modifying, copying, posting, reproducing, republishing, uploading, posting, translating, transmitting, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by ELENA HERDIECKERHOFF for Clients own personal use, business/commercial use or in any way that earns Client money. Downloading, printing, or otherwise using Programs or Program Material for Clients personal training purposes in no way gives Client any copyright, trademark, intellectual property or ownership rights of our Program or Program Materials.    

13. NO TRANSFER OF INTELLECTUAL PROPERTY. 13.1 ELENA HERDIECKERHOFF’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from ELENA HERDIECKERHOFF electronically or otherwise without the prior written consent of the ELENA HERDIECKERHOFF. All intellectual property, including ELENA HERDIECKERHOFF’s copyrighted Program materials, shall remain the sole property of the ELENA HERDIECKERHOFF. No license to sell or distribute ELENA HERDIECKERHOFF’s materials is granted or implied. 13.2 Digital Storage Release. By participating in ELENA HERDIECKERHOFF’s Programs and using Program Materials, Client fully consents to photos, images, videos, and/or call or video recordings that may be made that may contain Client’s first name, image, voice or likeness to be stored on cloud storage services such as Dropbox or ZOOM Cloud Recording Storage. 

14. LIMITATION OF LIABILITY. 14.1 By using ELENA HERDIECKERHOFF’s Programs, Client releases ELENA HERDIECKERHOFF, officers, employers, employees, directors, related entities, trustees, affiliates, partners, and successors from any and all damages that may result from anything and everything. The Client accepts any and all risks, foreseeable or unforeseeable, arising from these transaction(s). 14.2 Client agrees that ELENA HERDIECKERHOFF will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages which occurs from the use or misuse of ELENA HERDIECKERHOFF’s Programs. Client agrees that use of ELENA HERDIECKERHOFF’s Programs is at Client’s own risk.     

15. DISCLAIMER OF GUARANTEE. 15.1 Client accepts and agrees that he/she is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that he/she is the one vital element to the Program’s success and that ELENA HERDIECKERHOFF cannot control Client and/or Client’s participation. 15.2 Client understands ELENA HERDIECKERHOFF is not an agent, doctor, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counselling, or therapy, speech writing may address overall goals, specific projects, or general conditions in Client’s life or profession. Coaching services, both live and via self study video, audio or written information, may include setting priorities, refining speaking skills, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, scripting and/or ghostwriting, asking clarifying questions, and providing models, examples, and in-the-moment skills training. 15.3 ELENA HERDIECKERHOFF makes no representations or guarantees verbally or in writing regarding performance of this Terms of Use other than those specifically enumerated herein. Client accepts that, because of the nature of ELENA HERDIECKERHOFF’s services and extent of clients’ participation in ELENA HERDIECKERHOFF’s Program, the results experienced by clients may vary. Client accepts responsibility for such variance. ELENA HERDIECKERHOFF and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. 15.4 Disclaimers: The following disclaimers govern Client’s use of the Program; by purchasing Program Client accepts all of the following disclaimers in full.     

(a) Email Disclaimer: E-Mails, which are sent by ELENA HERDIECKERHOFF, are destined exclusively for the addressee. Their content is strictly confidential. The Client is requested to notify the sender immediately. ELENA HERDIECKERHOFF takes all reasonable precautions to prevent the transmission of computer viruses. However, ELENA HERDIECKERHOFF cannot be held liable for any damages caused by computer viruses and requests Client to verify emails for viruses before reading them, especially before opening any attachments. Duplication, publication or transmission of the content of such emails is illegal unless explicitly authorized by the sender.     

(b) Earning Disclaimer: When addressing financial or earning matters in any of ELENA HERDIECKERHOFF’s sites, programs, videos, social media sites, Facebook Groups, newsletters, autoresponder emails, guest posts on other websites, coaching/consulting calls, group programs or other content that ELENA HERDIECKERHOFF can provide, ELENA HERDIECKERHOFF has taken every effort to ensure ELENA HERDIECKERHOFF accurately represents ELENA HERDIECKERHOFF’s offering and its ability to improve Client’s business and life. However, there is no guarantee that Client will get any results or earn any money using any of ELENA HERDIECKERHOFF’s suggestions, ideas, tools, strategies or recommendations. Nothing stated on or in ELENA HERDIECKERHOFF’s sites, products, programs or services is a promise or guarantee of earnings. Client’s level of success in attaining financial results is dependent upon a number of factors including skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, ELENA HERDIECKERHOFF cannot and does not guarantee Client’s success, income level, or ability to earn revenue in any shape or form. Client alone is responsible for his/her actions and results in life as well as in business. Any forward-looking statements outlined on ELENA HERDIECKERHOFF’s Sites, products, programs and services are simply ELENA HERDIECKERHOFF’s opinion and thus are not guarantees or promises for actual performance.    

c) No Professional Advice Disclaimer: The information contained in or made available through ELENA HERDIECKERHOFF’s sites, programs, videos, emails, social media posts, program materials, videos, coaching calls, conference calls or other cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, Client should regularly consult a doctor and/or health care provider in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. ELENA HERDIECKERHOFF and ELENA HERDIECKERHOFF’s licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither ELENA HERDIECKERHOFF nor ELENA HERDIECKERHOFF’s partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. Client alone is responsible and accountable for Client’s decisions, actions and results in life, and by purchasing ELENA HERDIECKERHOFF’s products, programs and services of any kind, Client agrees not to attempt to hold ELENA HERDIECKERHOFF liable for any such decisions, actions or results, at any time, under any circumstance.     

(d) Testimonials Disclaimer: The personal experiences by user comments and testimonials on ELENA HERDIECKERHOFF’s websites are not a guarantee of what Client should expect to experience. Although ELENA HERDIECKERHOFF and/or his/her affiliates, facilitators, companies and representatives accepts all testimonials in good faith, ELENA HERDIECKERHOFF and/or his/her affiliates, facilitators, companies and representatives have not independently examined the specific personal results of any of ELENA HERDIECKERHOFF’s coachings, programs, retreats, teleclasses and video participants, and therefore has not verified that any specific experiences, improvements, changes or results quoted therein. These results may or may not be typical, and Clients results or experiences, if any, will vary and there is a risk that Client will not make any changes at all, or experience what Client believes s/he should experience. Again, whatever changes in Clients life that Client makes as a result of ELENA HERDIECKERHOFF’s coaching/consulting, online courses, programs, services, opt-in materials, retreats, teleclasses, webinars and videos and all other offerings is totally up to Client based on the factors stated in the Disclaimers above.    

 (e) Website Disclaimer The information contained on ELENA HERDIECKERHOFF’s websites and programs is for general information purposes only. The information is provided by ELENA HERDIECKERHOFF and while ELENA HERDIECKERHOFF endeavours to keep the information up to date and correct, ELENA HERDIECKERHOFF makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, programs, services, or related graphics contained on the website for any purpose. Any reliance Client places on such information is therefore strictly at Client’s own risk. In no event will ELENA HERDIECKERHOFF be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Furthermore, ELENA HERDIECKERHOFF does not warrant that any of the functions available on ELENA HERDIECKERHOFF’s websites will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available is free of viruses or bugs or other forms of malware. Client hereby fully acknowledge that it is Client’s responsibility to implement sufficient procedures and virus checks (including anti-virus, malware and other security checks) to ensure Client’s particular requirements and safety. Through ELENA HERDIECKERHOFF’s website or other information material provided by ELENA HERDIECKERHOFF in any form (video, audio or text files) Client is able to link to other websites which are not under the control of ELENA HERDIECKERHOFF. ELENA HERDIECKERHOFF has no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them. Every effort is made to keep ELENA HERDIECKERHOFF’s websites up and running smoothly. However, ELENA HERDIECKERHOFF takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond ELENA HERDIECKERHOFF’s control.     

(f) Financial & Legal Advice Disclaimer: The content of any of ELENA HERDIECKERHOFF’s websites, programs as well as any blog posts, newsletters, autoresponders, guest posts on other websites or posts on social media, videos, calls, webinar or other by ELENA HERDIECKERHOFF are provided as general information only and should not be taken as investment advice. ELENA HERDIECKERHOFF recommends Client handles finances with care and recommends to always consult with legal and finance professionals before making any financial or investment decisions.   

(g) Technology Disclaimer. ELENA HERDIECKERHOFF tries to ensure that the availability and delivery of Programs and Program Materials is uninterrupted and error-free, including content and communications through methods like Website, private Facebook group, e-mail communications, live coaching calls, recorded videos, audios, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable video files, downloadable PDF, downloadable PDF handouts/slides, special handouts, ebooks or other text content, or any other materials provided by ELENA HERDIECKERHOFF to Client. However, ELENA HERDIECKERHOFF cannot guarantee that access is always available and that there may occasionally be some form of suspension or restriction, which may be due to necessary repair or maintenance work or other technical challenges. ELENA HERDIECKERHOFF will endeavor at all times to keep the timeframe for unavailability of service or access as short as possible. To the fullest extent permitted by law, ELENA HERDIECKERHOFF will not be liable for damages or refunds, or for any other recourse, should any Programs or Program Materials become unavailable or access to the them becomes slow, restricted or incomplete due to any reason whatsoever.    

 (h) Warranties Disclaimer. ELENA HERDIECKERHOFF MAKES NO WARRANTIES AS TO THE PROGRAM OR PROGRAM MATERIALS. CLIENT AGREES THAT PROGRAM & PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE GERMAN LAW, ELENA HERDIECKERHOFF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ELENA HERDIECKERHOFF DOES NOT WARRANT THAT THE PROGRAM OR PROGRAM MATERIALS WILL BE WITHOUT POTENTIAL ERRORS OR THAT ANY OF THOSE ERRORS WILL BE REMEDIED OR THAT WEBSITE, EMAIL OR OTHER CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELENA HERDIECKERHOFF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF PROGRAM, PROGRAM MATERIALS OR ON OTHER WEBSITES OR SOCIAL MEDIA IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE

16. SPECIFIC BUSINESS COACHING PROGRAM TERMS. In addition to the general Terms of Use, the following terms apply to ELENA HERDIECKERHOFF’s VIP Day and Business Enlightenment CoachingPrograms:

GENERAL TERMS 

  • Client will be booking sessions using the software Acuity Scheduling. Client has the possibility to book or alter dates up to 24 hours before the start of each session.

  • Typical call duration is 60 minutes.

  • If Client cancels a planned sessions less than 24 hours before the commencement of the session, ELENA HERDIECKERHOFF reserves the right to not offer a replacement session. If 3 or more sessions are cancelled less than 24 hours before the commencement of sessions, ELENA HERDIECKERHOFF reserves the right to terminate the Program without refunds.

  • Coaching sessions are held via Zoom video calls. In-person sessions are not the norm and need to be confirmed by ELENA HERDIECKERHOFF in writing if they can be made available.

  • Client agrees to download ZOOM session recordings within 7 days of receipt of the link via email or Dropbox. If Client fails to do this, ELENA HERDIECKERHOFF is not expected or liable to produce a copy.

  • Communication outside of coaching calls is restricted to email. Client can reasonably expect an answer within 24-48 hours Monday to Friday. No response should be expected on weekends.

  • Client agrees to actively participate in the process to make best use of the Program and will honour agreed deadlines.

17. NOT SUBSTITUTE FOR PSYCHOLOGICAL OR MEDICAL TREATMENT. Client acknowledges that ELENA HERDIECKERHOFF is not acting in the role of psychotherapist and agrees to be mindful of his/her own well-being during the Program and seek medical treatment (including, but not limited to psychotherapy), if needed. ELENA HERDIECKERHOFF may make an appropriate referral to a licensed professional if it is determined psychotherapy and/or medical treatment is more appropriate or additional than/to coaching or self-study services. ELENA HERDIECKERHOFF is not responsible for any decisions made by Client as a result of taking any of ELENA HERDIECKERHOFF’s programs or services and/or any consequences thereof.     

18. CONFIDENTIALITY. 18.1 Confidential Information includes, but is not limited to, information disclosed in connection with this Terms of Use, and shall not include information that: (a) is now or subsequently becomes generally available to the public; (b) ELENA HERDIECKERHOFF or Client had rightfully in its possession prior to disclosure by the disclosing party; (c) ELENA HERDIECKERHOFF or Client rightfully obtains from a third party (d) information that Client freely shares on Program calls, on social media or other platforms provided by ELENA HERDIECKERHOFF. 18.2 Confidentiality and Privacy. To use ELENA HERDIECKERHOFF’s Programs, ELENA HERDIECKERHOFF may seek personal data or information including name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”). By providing such Confidential Information or Other Information, Client grants permission to use and store such information. ELENA HERDIECKERHOFF, in turn, will use best efforts to keep Confidential Information safe, secure and confidential in accordance with this Terms of Use. If Client believes that any of Confidential Information is incorrect or incomplete, please contact ELENA HERDIECKERHOFF as soon as possible. ELENA HERDIECKERHOFF will promptly correct any Confidential Information found to be incorrect. 18.3 Storage. All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive ELENA HERDIECKERHOFF’s correspondence. Client agrees and acknowledges that ELENA HERDIECKERHOFF, including but not limited to ELENA HERDIECKERHOFF’s team, staff and affiliates, and those who manage the data management system may have access to Confidential Information. 18.4 Confidentiality and Disclosure. All Confidential Information will not be disclosed to third parties, except that ELENA HERDIECKERHOFF may disclose Confidential Information and personally identifiable information: (1) if ELENA HERDIECKERHOFF is required to do so by law, (2) in the good-faith belief that such action is necessary to conform to the law, (3) to comply with any legal process served on either ELENA HERDIECKERHOFF or ELENA HERDIECKERHOFF’s partners, sponsors, investors, or affiliates, (4) to protect and defend ELENA HERDIECKERHOFF’s rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. ELENA HERDIECKERHOFF will not sell, distribute or lease Client’s Confidential Information to third parties unless ELENA HERDIECKERHOFF has Client’s permission or is required by law to do so. 18.5 Viewing by Others. Note that whenever Client makes Confidential Information or Other Information available for viewing by others such as through ELENA HERDIECKERHOFF’s Programs, Program Materials, our Website or Social Media, the Confidential Information or Other Information that Client shares can be seen, collected and used by others, and therefore, ELENA HERDIECKERHOFF cannot be held responsible under any circumstances for any unauthorized use by others of such Confidential Information or Other Information that Client voluntarily shares online, on calls, on the Program platform or in any other manner.    

 19. NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that neither will engage in any conduct or communications, public or private, designed to disparage the other.      

 20. CONTROLLING TERMS OF USE. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by ELENA HERDIECKERHOFF, ELENA HERDIECKERHOFF’s representatives, or employees, the provisions in this Terms of Use shall be controlling.      

 21. CHOICE OF LAW/VENUE. 21.1 This Terms of Use shall be governed by and construed in accordance with the laws of Bavaria (Germany) without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Terms of Use to arbitration in Bavaria (Germany). The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Terms of Use. 21.2 Dispute Resolution. It is hoped that should there be any problems arising, that an amiable and friendly solution can be found through e-mail correspondence. However, should both Parties be unable to seek resolution within a reasonable time, Client agrees now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the Bavarian Arbitration Association Rules. Prior to seeking arbitration, Client must send an e-mail to ELENA HERDIECKERHOFF at hello@reddotstage.com and include all the reasons for dissatisfaction with the Program. Client understands and agrees now that the only remedy that can be awarded to Client through arbitration is full refund of Client’s Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to Client. Both Parties agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. By purchasing ELENA HERDIECKERHOFF’s Programs, Client is agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) month after the date of Client’s complaint e-mail to ELENA HERDIECKERHOFF referenced above or Client waives the right to seek dispute resolution by arbitration or to take any other legal action. Client also agrees that should arbitration take place, it will be held in Munich, Germany where ELENA HERDIECKERHOFF’s business is located, and the prevailing party shall be entitled to all at any time, without notice, by sending Client an e-mail to the e-mail address Client provided upon purchase of the Program. In the event of cancellation or termination by either party, Client will have 48 hours to pay any and all remaining payments or balances that are owed to ELENA HERDIECKERHOFF. All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and Refund policy will still apply now and in the future, even after termination by Client or ELENA HERDIECKERHOFF. 21.3 In the event of a dispute between both Parties, Client agrees to not engage in any conduct or communications, public or private, designed to disparage ELENA HERDIECKERHOFF or any of ELENA HERDIECKERHOFF’s Brands or Programs. Where requested by law or arbitration, of course, Client is not prohibited from sharing Client’s thoughts and opinions as a part of the legal process.   

22. ENTIRE TERMS OF USE. This Terms of Use constitutes the entire Terms of Use between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous Terms of Uses, negotiations and understandings, oral or written. This Terms of Use may be modified only by an instrument in writing duly executed by both parties.    

23. FORCE MAJEURE Neither party shall be liable to the other for any failure to perform any obligation under any Terms of Use which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of ELENA HERDIECKERHOFF’s control, which causes the termination of an Terms of Use or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Terms of Use contained herein.  

24. SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Terms of Use, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Terms of Use for any reason.   

25. SEVERABILITY. If any of the provisions contained in this Terms of Use, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision.