Terms of Service

PowHER and/or its affiliates (“PowHER”) provide website features access to third party products and services to you when you visit or shop at https://go.powhercoach.com, or their subdomains, use PowHER products or services, use PowHER applications for mobile, or use software provided by PowHER in connection with any of the foregoing (collectively, “PowHER Services”). PowHER provides these services subject to the following conditions.

Agreeing to These Terms & Conditions

We offer a range of services depending on your needs. Individuals come to our websites to both post and purchase content. A majority of these Terms and Conditions will apply to both individuals and suppliers. In some cases, the responsibilities of individuals purchasing content and suppliers providing content vary. If these Terms and Conditions are inconsistent with specific Service Terms, those Service Terms will apply.

IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER https://go.powhercoach.com, OR THEIR SUBDOMAINS, OR OTHER OF OUR SITES OR ONLINE RESOURCES WHICH LINK TO THESE TERMS.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 14, 15, AND 16). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16.

THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

General Use

The use of PowHER.com or other sites or online resources to which these Terms are linked (each, a “Website”), owned and maintained by PowHER (“PowHER,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND PowHER. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY PowHER, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

PowHER reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms here. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.

Table of Contents

  1. Website Use

  2. Website User Conduct and Restrictions-License Terms

  3. Our Privacy Statement and Your Personal Information

  4. Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts

  5. Order Placement and Acceptance

  6. Refunds

  7. Subscription Terms and Automatic Payment

  8. Shipping Fees

  9. Products, Services, and Prices Available on the Website

  10. Disclaimer: your individual results will vary

  11. Your Responsibilities Running A Business

  12. Testimonials, reviews, and pictures/videos

  13. Compliance with the law, including commitment against harassment and interference with others

  14. Disclaimers of other warranties

  15. Limitations of liabilities

  16. Dispute resolution by mandatory binding arbitration and class action waiver

  17. PowHERs Additional Remedies

  18. Indemnification

  19. Notice and Takedown Procedures; Copyright Agents

  20. Third-Party Links

  21. Termination

  22. No Waiver

  23. Governing Law and Venue

  24. Force Majeure

  25. Assignment

  26. Electronic Signature

  27. Changes to the Agreement

  28. Your Additional Representations and Warranties

  29. Severability

  30. Entire Agreement

  31. Contacting Us

SECTION 1: Website Use

The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

SECTION 2: Website User Conduct and Restrictions-License Terms

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The PowHER trademark and logo are proprietary marks of PowHER, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by PowHER.

Subject to your continued strict compliance with all Terms, PowHER provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

If you purchase a subscription to PowHER’s online materials, PowHER provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferrable license to use the software. You acknowledge and agree that:

(1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by PowHER;

(2) you do not acquire any ownership rights in the software;

(3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software;

(4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of PowHER; and

(5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

You agree not to use or attempt to use the Website, or any software provided by PowHER, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to PowHER. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:

HARMFUL ACTS.

Any dishonest or unethical practice; any violation of the law; infliction of harm to PowHER reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; and the violation of the rights of PowHER or any third party;

“SPAMMING” AND UNSOLICITED COMMUNICATIONS.

We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to PowHER reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

OFFENSIVE COMMUNICATIONS.

Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.

SENSITIVE INFORMATION.

You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to PowHER, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

SECTION 3: Our Privacy Statement and Your Personal Information

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement and, if you and/or your end users are located in the European Union or United Kingdom. Our Privacy Statement may be viewed here. PowHER reserves the right to modify its Privacy Statement and DPA in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.

SECTION 4: Information You Provide; Registration; Passwords

As a PowHER user, you will be required to create an account with PowHER. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your PowHER user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to you as PowHER Subscriber/User, including technical information, pricing, business strategy, and data about other past or current PowHER users or their customers.

SECTION 5: Order Placement and Acceptance

If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at [email protected] in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.

All advertised prices are in, and all payments shall be in, U.S. Dollars.

SECTION 6: Refunds

PowHER has no refund or exchange policy unless explicitly stated.

Intangible online items are not refundable unless explicity stated. As our service are digital products, it is deemed “used” after being emailed, downloaded and/or opened.

If you are not happy with our services, your only recourse is to unsubscribe from using the services or if your contract explicitly states a money-back refund then you can email: [email protected] for next steps.

If you choose to stop using our services before the end of your billing cycle, you understand and accept that we will not be able to offer a refund, whether partially or in full, for the remaining part of your cycle.

For the sake of emphasis, we do not provide refunds, credit, or prorated billing for any canceled subscription unless explicity stated.

If you wish to cancel your subscription, please email: [email protected]. You must complete a cancellation survey form prior to having your subscription cancelled, failure to submit your survey in a timely manner may result you being liable for the next billing cycle. Once your survey has been received our customer service can begin to process your cancellation request.

SECTION 7: Subscription Terms and Automatic Payments

A PowHER user is responsible for paying all sums due to PowHER in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively “Fees”).

Failure by the PowHER user to use any of the services available through the service provided by PowHER does not relieve the PowHER user of their payment obligations under these Terms. Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism.

You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due.

You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).

IF YOU WISH TO CANCEL YOUR PowHER SUBSCRIPTION (INCLUDING SUBSCRIPTIONS FOR SERVICES) AT ANY TIME AFTER A FREE TRIAL OR DISCOUNTED PERIOD ENDS, YOU MUST SUBMIT A CANCELLATION REQUEST TO US VIA OUR SUPPORT EMAIL ADDRESS [email protected]. FOR MONTHLY SUBSCRIPTIONS (INCLUDING SUBSCRIPTIONS FOR SERVICES), WE REQUIRE AT LEAST TEN (10) DAYS’ NOTICE OF CANCELLATION BY EMAIL BEFORE YOUR NEXT SUBSCRIPTION PAYMENT.

PowHER reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event PowHER starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 18 below. In addition to any Fees, PowHER may also charge applicable value added or other tax.

SECTION 8: Shipping Fees

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.

SECTION 9: Products, Services, and Prices

Products, services, and prices are generally posted at the following URL, but are subject to change: www.PowHER. PowHER reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.

Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize PowHER to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of PowHER services, and unless you terminate your subscription as provided herein, you agree that PowHER may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.

PowHER takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

When ordering products or services, please note that PowHER does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided otherwise. PowHER descriptions of, or references to, products or services not owned by PowHER are not intended to imply endorsement of that product or service or constitute a warranty by PowHER.

SECTION 10: Disclaimer: Your Individual Results Will Vary

Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.

PowHER does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that PowHER will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products or services will receive access to our course and training. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business.

Further, we do not make earnings claims, efforts claims return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation.

Instead, you should purchase with the understanding that using the information and training purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.

SECTION 11: Your Responsibilities in Running Your Business

You represent and warrant that you operate a business in good-standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use PowHER’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose.

You are solely and exclusively responsible for complying with all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business.

You agree to notify PowHER if any investigation or lawsuit is threatened or filed against you, whereupon PowHER shall have the right to terminate this Agreement without liability. PowHER shall have no liability for your violation of any laws.

You are solely and exclusively responsible for collecting and reporting all sales and use tax, and any other taxes, which may apply to sales of products or services by your business. PowHER shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business.

You agree to indemnify PowHER as set out below in the event that you and/or your business violates any law and a claim is threatened or asserted against PowHER as a result.

SECTION 12: Testimonials, Reviews, and Pictures/Videos

PowHER is pleased to hear from users and customers and welcomes your comments regarding our services and products. PowHER may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to PowHER services or products, in printed and online media, as PowHER determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 10, your results will vary depending upon a variety of factors unique to and beyond PowHER’s control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant PowHER a royalty-free, worldwide, perpetual, nonexclusive and irrevocable license to use them.

Additionally, PowHER reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. PowHER shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PowHER reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant PowHER a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PowHER and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PowHER for all claims resulting from content you supply. PowHER has the right but not the obligation to monitor and edit or remove any activity or content. PowHER takes no responsibility and assumes no liability for any content posted by you or any third party.

SECTION 13: Compliance with the Laws, Including Commitment Against Harassment and Interference with Others (“Targeting”)

As a PowHER user, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.

If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend PowHER from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against PowHER relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by PowHER. You further understand and agree that PowHER has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. PowHER DOES NOT WARRANT THAT ANY PowHER MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.

COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.

SECTION 14: Disclaimers of Other Warranties

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 15: Limitations of Liabilities

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL PowHER OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER PowHER HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

SECTION 16: Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATIONAWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally.

Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to his arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in the United States, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or PowHER.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and PowHER agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and PowHER expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120 day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with PowHER, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

SECTION 17: PowHERs Additional Remedies

In order to prevent or limit irreparable injury to PowHER, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of PowHER or a third-party, PowHER shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Florida restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting PowHER from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts governing Cardiff, Florida, for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

SECTION 18: Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless PowHER, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

SECTION 19: Notice and Takedown Procedures; Digital Millennium Copyright Act

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send PowHER a notice requesting that PowHER remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send PowHER a counter-notice. Notices and counter-notices should be sent to PowHER, 333 N NEW RIVER DR E APT 801, Fort Lauderdale FL 33301, or by e-mail to [email protected]. These Terms fully incorporate by reference the DMCA Policy.

SECTION 20: THIRD-PARTY LINKS

The Website may contain links to other websites. The views, information or opinions expressed on or during any PowHER or otherwise publicized on our online and mobile resources are solely those of the creating authors or contributors and not those of PowHER Consulting, Inc or either of its parent companies. Further, PowHER Consulting, Inc is not responsible for and does not verify the accuracy of any of the information contained in any PowHER or content. The primary purpose of these resources is to educate, inspire and inform. Some authors’ or contributors’ content may discuss strategies and methods for earning income in business, and you should feel free to reach out to those authors or contributors about their proof that such strategies and methods work. PowHER assumes no responsibility for the content or functionality of any non-PowHER website to which we provide a link. Please see our Privacy Statement for more details.

SECTION 21: Termination

This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of PowHER or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 10, 18, 20 through 30 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with PowHER. Upon termination, you remain responsible for any outstanding payments to PowHER.

SECTION 22: No Waiver

No failure or delay on the part of PowHER in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by PowHER.

SECTION 23: Governing Law and Venue

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or any matter concerning PowHER, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Florida without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 17 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Florida, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, nonrepresentative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

SECTION 24: Force Majeure

PowHER will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

SECTION 25: Assignment

PowHER may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without PowHER (or its assigns’) express written consent.

SECTION 26: Electronic Signature

All information communicated on the Website is considered an electronic communication. When you communicate with PowHER through or on the Website or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

SECTION 27: Changes To The Agreement

You can review the most current version of the Terms at any here. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement located at Privacy Statement by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

SECTION 28: Your Additional Representations and Warranties

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that PowHER has the right to rely upon all information provided to PowHER by you, and PowHER may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify PowHER of the same within 24 hours. PowHER, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by PowHER without incurring any obligation or liability to you.

SECTION 29: Severability

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 30: Entire Agreement

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and PowHER and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and PowHER. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 31: Contacting Us

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to [email protected].

If you have any questions or inquiries concerning any of the Terms, you may contact PowHER by email at [email protected] or by regular mail at PowHER, 333 N NEW RIVER DR E APT 801, Fort Lauderdale FL 33301.

Note on how we can communicate with you:

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties.

You will only receive text messages from PowHER if you check the text message consent box on one of our forms. Consent to receive text messages is not a condition of any purchase. Messages include appointment confirmations, reminders, and service updates. Marketing messages are only sent if you separately check the marketing consent box.

Message frequency varies. Message and data rates may apply. Reply HELP for help or STOP to opt out at any time. After you reply STOP, you will receive one final message confirming you have been unsubscribed. Carriers are not liable for delayed or undelivered messages.

In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of use, or loss of profits. If any of these terms are held unenforceable, the remainder of the terms shall remain in effect.

For help with text messages, reply HELP, call (828) 964-1232, or email [email protected]. To learn how we handle your information, read our Privacy Policy at https://go.powhercoach.com/privacy.

Home
PowHER LLC

Terms of Service

Effective date: October 7, 2026

These terms apply when you use powhercoach.com, go.powhercoach.com, our forms and our calls. Please read them. By using our Services you agree to them. If you do not agree, please do not use the Services.

1. Who we are

The Services are operated by PowHER LLC (“PowHER”, “we”, “us”), a Florida limited liability company at 333 N New River Drive, Fort Lauderdale, FL 33301. “You” means the person using the Services.

2. Who can use the Services

You must be at least 18 years old and able to enter into a binding contract. Our coaching program is designed for women in corporate leadership roles. Submitting an application does not guarantee acceptance, and we may decline any application.

3. What we provide

PowHER provides executive career coaching. Our website, application and Application Call help us and you decide whether our program is a fit. The Application Call is free of charge.

If you join a program, the details of what we deliver, the fees, the payment terms and the cancellation terms are set out in a separate Client Services Agreement that you sign. That agreement may include a success fee, payable on the conditions and in the amount it sets out. If these terms and your Client Services Agreement conflict, the Client Services Agreement controls.

4. No guarantee of results

We do not guarantee any outcome, including any interview, job offer, employment, promotion, salary, compensation or income. Your results depend on many factors, including your experience, your effort and the job market, and on decisions made by employers that we do not control. Please read our Earnings and Results Disclaimer, which forms part of these terms.

5. Not professional advice

Coaching is not legal, financial, tax, accounting, medical, psychological or therapeutic advice, and it is not a substitute for those services. For advice on an employment contract, a severance package, taxes or investments, speak with a licensed professional. You are responsible for your own decisions and their results.

6. Your responsibilities

  • Give accurate, current information in your application and on your calls.
  • Keep any login details for our programs and platforms private.
  • Treat our team and other members of our community with respect.
  • Follow the confidentiality rules of your current and past employers. Do not share confidential employer information with us or the community.

7. Our content

Everything on our websites and in our programs, including text, videos, frameworks, worksheets, templates, recordings and the PowHER name and logo, belongs to PowHER LLC or its licensors and is protected by law. You may use it for your own personal, non-commercial career development. You may not copy, record, resell, share, publish or create courses or products from it without our written permission.

8. Community and calls

Group calls and community spaces are for members only. Do not record, share or post anything another member says or shows without their permission. We may remove anyone who breaks these rules.

9. Testimonials and reviews

If you share a review, testimonial or story with us and agree that we may use it, you give us permission to publish it, with the details you approve, in our marketing. You can ask us to stop using it in future materials at any time.

10. Text messages

PowHER text messages. If you give us your mobile number and agree to receive texts, PowHER LLC sends you text messages about your application, your booked calls, call reminders and follow ups.

Message frequency varies. Message and data rates may apply. Reply STOP at any time to stop receiving texts, and HELP for help. You can also contact us at [email protected]. Consent to receive texts is not a condition of any purchase. Carriers are not liable for delayed or undelivered messages.

How you opt in. You opt in by checking a text message consent box on a form at go.powhercoach.com. The boxes are optional and unchecked by default. Appointment and service texts (confirmations, reminders, service updates) and marketing texts (offers and program announcements) each have their own box.

Opting out. Reply STOP to any message. You will receive one final message confirming you have been unsubscribed, and no more after that. Reply START to rejoin.

Help. Reply HELP, email [email protected] or call (828) 964-1232.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. See our Privacy Policy.

11. Third-party services and links

We use third-party tools such as Zoom, scheduling software and payment processors, and our pages may link to other websites. We are not responsible for third-party services or sites, and your use of them is governed by their own terms.

12. Disclaimer of warranties

The Services and all content are provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows.

13. Limitation of liability

To the fullest extent the law allows, PowHER LLC and its owners, team members and coaches are not liable for any indirect, incidental, special, consequential or punitive damages, or for any lost profits, lost income or lost opportunities, arising from your use of the Services. Our total liability for any claim relating to the Services is limited to the amount you paid PowHER in the twelve months before the claim, or one hundred US dollars if you paid nothing.

14. Indemnity

You agree to defend and hold harmless PowHER LLC and its owners, team members and coaches from any claim, loss or expense, including reasonable attorney fees, that arises from your breach of these terms or your misuse of the Services.

15. Governing law and venue

These terms are governed by the laws of the State of Florida, without regard to its conflict of law rules. Any dispute relating to these terms or the Services will be brought exclusively in the state or federal courts located in Broward County, Florida, and you agree to the jurisdiction of those courts.

16. Changes

We may update these terms. When we do, we change the effective date at the top of this page. Using the Services after a change means you accept the updated terms.

17. Facebook and Meta

This site is not a part of the Facebook website or Meta Platforms, Inc. Additionally, this site is not endorsed by Facebook or Meta in any way. FACEBOOK is a trademark of Meta Platforms, Inc.

18. Contact us

PowHER LLC
333 N New River Drive, Fort Lauderdale, FL 33301
[email protected]