Terms, Conditions, and Refund Policy

AffairCoach.com is an anonymous online, interactive, self-directed marital coaching program; however, it is not designed to address clinical problems or emotional health concerns.

If there are conflicts and issues in your relationship that require professional help, we urge you to consult a licensed marriage therapist or counselor if you or your spouse believe that such services may be beneficial to either of you or your relationship. By calling 1-800-964-2000, you can reach The American Psychological Association which can provide referrals in your area, or if you are interested in finding a qualified counselor who operates from a faith based perspective then call the American Association of Christian Counselors at 1-800-526-8673.

Whether or not you're currently engaged in therapy or counseling, you are, of course, welcome to participate in AffairCoach.com. Just bear in mind that AffairCoach.com is not a substitute for professional counseling or therapy.

Note: AffairCoach.com is an interactive, self-directed marriage coaching program. AffairCoach.com does not provide or include individual or marriage therapy or counseling. AffairCoach.com consists of a mentor coaching program and you are urged to seek the services of a licensed professional to address particular situations or needs. In particular, you are encouraged to consult a marriage therapist or counselor if you or your spouse believe that such services may be beneficial to either of you or your relationship.

TERMS AND CONDITIONS OF AFFAIRCOACH.COM

AffairCoach.com’s service (the "Service") is provided by AffairCoach.com, a sole proprietorship, at 6 Pheasant Drive, Poquoson, VA 23662 (the "Company"). This is a legal agreement ("Agreement") between you and the Company; please read the Agreement carefully before registering for or subsequently subscribing to the Service. By clicking on the "I Accept" box, you will become a registered user of the Service (a "Registered User") and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Registered User. A Subscribed User being a subset of Registered Users, these terms and conditions will also apply to Subscribed Users. The Terms are subject to change by the Company in its sole discretion at any time, with or without notice. Please check the Company website, currently located at www.AffairCoach.com (the "Site") periodically for changes. Your continued use of this Site or the Service after the posting of changes to this agreement will constitute your acceptance of such changes. The Service is designed for U.S residents and it may not be accessed from Utah or any other states where it is prohibited by law. THE COMPANY DOES NOT PROVIDE AND THE SERVICE DOES NOT INCLUDE INDIVIDUAL OR MARRIAGE THERAPY OR COUNSELING. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE.

Restrictions on Use

Minimum Age to Use the Service. You must be at least 18 years old to become a Registered User and to user the Service. By registering for the Service, you represent and warrant that you are at least 18 years old.

Exclusive Use. Your account is for your use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords. Your spouse (if they have access to your account) has access to all content or information related to your account.
 
Online Conduct
 
As a Registered User you acknowledge and agree that:

You will only use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the Service is void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services.

You hereby acknowledge and agree that the following is the Company's highly valuable proprietary information including, without imitation: You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute or reproduce in any way any (i) Company Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Service, without first obtaining the prior written consent of the owner of such proprietary rights. You also agree not to use the Company Confidential Information except as reasonably necessary for you or your spouse to use the Service in accordance with the terms and conditions hereof.

The Company offers tools and a “mentorship program” designed to enable you to enrich your marriage recover from the impact of a betrayal. However, you understand that such tools and mentorship program and all other aspects of the Service, are only exercises and support services and that the Company makes no guarantees, either express or implied, regarding the state of your marriage before, during, or after subscribing to the Service and completing the programs it offers. The users of the Service will not receive any therapy or counseling from any AffairCoach.com employees or any third party affiliated with Affair Recovery as part of the program. The Service does not offer therapy, counseling, diagnosis, assessment, treatment or clinical evaluation services. The Service is not a professional marriage therapy service. The Service is not a substitute for professional marriage therapy or counseling. You are urged to consult a licensed marriage therapist or counselor if you or your spouse believe that such services may be beneficial to either of you or to your relationship.

You will promptly report to the Company any violation of the Terms of this Agreement by other Registered Users.

The Company reserves the right, but has no obligation, to monitor the information you submit online in relation to the Service. The Company shall have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement.

Proprietary Rights.

The Company owns and hereby retains all proprietary rights in the Service and the Site. The Service and the Site contain copyrighted material, trademarks, and other proprietary information of the Company, its licensors and other third parties. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. No rights or licenses are granted hereunder other than the limited, non-exclusive license to use the Service in accordance with the terms and conditions of this Agreement for your personnel use during the term hereof. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, or sell any Company or third party proprietary information available via the Service or the Site.

By posting information or content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company and other Registered Users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

COPYRIGHT NOTICE: Copyright © 2016 AffairCoach.com.  All Rights Reserved. All other trademarks, trade names, service marks and service names are the property of their respective holders.

Confidentiality

For information about the collection and possible use of information provided by you, please view the Company's privacy policy located on the Site. By using the Site or the Service, you are consenting to the terms of the Company's privacy policy.

The Company reserves the right to disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with any legal process; (2) protect and defend the Company's rights or property; or (3) act in an emergency to protect someone's health or safety.

Notwithstanding any other provision of this agreement or the privacy policy, the Company reserves the right, but has no obligation, to disclose any information that you submit to the Service, if in its sole opinion, the Company suspects or has reason to suspect, that the information involves a party who may be the victim of abuse of any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that the Company, in its sole discretion, deem appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that the Company is permitted to make such disclosure.

By using the Service, you agree to allow the Company to anonymously use the information from you and your experiences through the Service to continue the Company's research into successful relationships and to improve the Service. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be kept anonymous, and no personal identifying information will ever be published. We will make available additional information about such research on the Site. For additional information about the collection and possible use of information provided by you, please click on the Privacy Policy link that appears at the bottom of the home page for the Company web site for information on the Company's privacy policy.

Links to Third Party Web Sites

This Site may contain links to third-party sites which are not under the control of the Company, and the Company is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply that the Company endorses or accepts any responsibility for the content on such third-party site.

Disclaimer of Warranty

THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH YOUR SPOUSE OR OTHER REGISTERED USERS OF THIS SERVICE.

Indemnity by Registered User

You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, your connection to the Site, your violation of this Agreement or your violation of any rights of a third party.

Complaints

To resolve a complaint regarding the Service, you should first contact the Company.

Term and Termination

This Agreement shall become effective upon your acceptance of the Terms by clicking on the "I Accept" button below or your use of the Site or the Services and shall remain in effect in perpetuity unless terminated hereunder. Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. The Company reserves the right to immediately suspend or terminate your access to the Service, without notice, for any reason or no reason. In the event your access to the Service is suspended due to the breach of this Agreement, you agree that all fees then paid to the Company by you shall be nonrefundable and all outstanding or pending payments shall immediately be due. You and your spouse may each terminate your own access to the account by contacting Customer Care at the number listed on the Site or by sending written notice to that effect to the Company at the address set forth below, but unless both spouses do so the non-terminating spouse may still use the account and may still view the terminating spouse's information; and the Company may continue to charge for the Service. The notice shall be sent to:  AffairCoach.com  Attn: Cancellations   6 Pheasant Drive, Poquoson, Virginia 23662.

General Provisions

You agree that Virginia law (without giving effect to its conflicts of law principles) shall govern this Agreement, the Site and the Service and that any dispute arising out of or relating to this Agreement, the Site and the Services shall be subject to the exclusive jurisdiction and venue of the federal and state courts in the Commonwealth of Virginia. You acknowledge and agree that any violation of this Agreement may cause the Company irreparable harm, and therefore agree that the Company will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security and in addition to and without prejudice to any other rights or remedies that the Company may have for a breach of this Agreement.

This Agreement, which you accept upon registration for the Service, and the privacy policy located on the Site, contain the entire agreement between you and the Company regarding the use of this Service, superseding any prior agreements between you and the Company related to your use of this Site (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. The failure of the Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Effective Date

The effective date of this version of the Terms and Conditions of Service is May 1, 2016.

Last modified: Mayl 1, 2016