Last Updated: September 29, 2023
Legal Notice

By enrolling in The Link by Meet The Otter (the “Program”) you acknowledge that you have read and understood these Terms of Use and are affirmatively indicating that you agree to be bound by them.  Meet the Otter is referred to herein as “we”, “us”, “our” or the “Company” and you are referred to herein as the “Client”.  This Agreement shall become effective upon your enrollment in The Link.

1. GENERALLY

The Program, hosted on this website (“Site”) and otherwise generally is owned by us.  If we change, adjust, or modify the Terms of Use we will notify all registered users by e-mail or otherwise.

Access to some of the content, services, and features of the Program or the Site requires users to register using the form provided. Each registered account is for a single user only and registration may require you to provide certain personally identifiable information, such as your name, e-mail address, street address, and date of birth. You must be at least 18 years old to register. You represent that the information you have provided on the form is true, accurate, current, and complete and that you will maintain and promptly update the information to keep it so. We reserve the right to terminate the registration and deny access to all or a portion of this site to any person who violates the Terms of Use.

You are responsible for maintaining the confidentiality of any usernames or passwords for your access to this Site and the Program.  You agree not to allow any other person or entity to use your usernames or passwords. You will be responsible for all activity that occurs (whether by you or by others) under your user account or password. You agree to notify us immediately of any unauthorized use of your password or username or any other breach of security and to let us know if you wish to cancel a username or password. You also agree to exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to delete or change any username or password at any time and for any reason.

2. SCOPE OF COACHING PROGRAM

The Company has offered to provide an 8-week coaching program to the Client in order to assist Client in improving their overall experience of dating.  While Company will make its best reasonable efforts to help Client achieve their goals, it is ultimately up to the Client to be proactive about adopting the best practices they see fit.

In addition to (8) weekly live group sessions by video chat, the Company will also offer access to a community platform, and one 60 minute 1x1 coaching call.

3. PROGRAM FEE AND REFUNDS

In consideration for the services provided by Company, Client agrees to pay Company $699 (“Program Fee”).

For the convenience of Client, payment of the Program Fee may be made in full upfront or by two equal payments (one of which shall be paid upfront and the second payment shall be paid prior to the 5th weekly session of the program).  In either case, the entire Program Fee shall be paid to the Company.  All payments shall be paid online through the Company’s client management system.

Client acknowledges that Company’s will be blocking out a coaching program during the time frame selected by Client whereby Company cannot take on an additional client for the coaching program.  In the event that this Agreement is terminated the terms herein, no portion of any payments of any kind shall be owed or refunded to Client.

Any additional coaching services, calls, emails and time beyond those listed in Section 1, will be billed by Company at $250.00 per hour.

4. Coaching Calls

Group coaching calls will occur weekly throughout the duration of the Program and will last for 60 to 120 minutes based on programming. Client understands that calls will not go over time. All coaching phone calls will occur via Zoom.

Client understands that coaching calls will only occur during the package time frame and acknowledges that calls will not rollover. All calls must be completed by the end of the coaching program agreed to in this Agreement.

5. Term

This Program shall last for a term of 8 weeks. Upon termination of the Program, the Client will still have access to the Site to interact with the community provided the Client has not violated the terms of this Agreement.  Client may terminate this Agreement upon giving 14-days written Notice (as defined herein) to Company, but no refund will be given whatsoever. If such Notice is given and there is still an outstanding balance on Client’s account, Client must pay the remaining balance to Company. Company reserves the right to collect any outstanding and unpaid balance.

Company may terminate this Agreement at any time in the event Client breaches contract, Client fails to comply with suggestions provided by Coach without reaching an agreeable alternative solution, or Client does not remit payment as required herein.

6. Communication

Company’s primary source of communication is through its email. Company will respond to Client within 48 hours during business hours, including any document or website reviews. Client agrees and understands that Company may take holidays and vacations off throughout the year. Company will notify Client within 7 days of these time periods and parties will work together to ensure all services are completed and/or scheduled for any time off.

7. Renewal

If Client wishes to renew this Agreement, Client may request to do so at any point prior to the termination of this Agreement but Client understands that renewal is not guaranteed and is dependent on the availability of the Company’s next coaching program.  The terms and conditions of a renewal of this Agreement (including the Program Fee) are subject to change based upon the Company’s most recent program conditions.

8. Referrals*

Client is entitled to a referral fee of up to $50 per referral for any referral who subsequently becomes a new client of Company. This referral fee will be paid by Company within 30 days of Notice of such referral via gift card/Venmo/PayPal.

9. Service Location

Both Parties agree and understand that the coaching services to be provided under this Agreement shall be performed virtually.

10. Copyright

All coaching services, documents, emails, blogs, digital files, paper documents, and any other work created by Company in relation to this Agreement is the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). Client hereby agrees that Company’s course and content is owned by the Company and is not to be used for purposes beyond client implementation. Violations of this federal law will be subject to its civil and criminal penalties.

11. Confidentiality

Client shall not (i) disclose to any third party any details regarding the business of the Company, including, but not limited to, coaching materials, mentoring style, customers, the prices it obtains, the prices at which it sells products and programs, manners of operation, plans or business ideas, strategies and workflows, trade secrets, or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.

Company will not use Client’s name, likeness, photos, or testimonial for advertising, press releases, announcements or any promotional purposes, including on its website, without the prior written consent of Client.

Due to the sensitive nature of the discussions and communications that often take place during group or individual coaching sessions and the possibility that the public release of any such discussions may cause significant harm to the Company or its clients, the Client hereby agrees not to photograph, video, record, screenshot or otherwise memorialize any group sessions within the program and further agrees not to disseminate the identity, relationship status, biographical information such as sexual history or gender identity or any other information that would cause the Company or its clients to suffer harm, embarrassment or discomfort in the group coaching process.  The Client understands any violation of this clause may be violations of federal or state privacy laws and result in significant harm to the Company and its clients which the Company will pursue.

12. No Guarantees

Company does NOT make any guarantees as to the Client’s personal, business, or financial results of any coaching services provided. Company agrees to provide the services listed in this Agreement in a reasonable and timely manner. Client agrees to take responsibility for Client’s own results and understands that the coaching program provided by Company takes work, time, and commitment.

13. Release & Reasonable Expectations 

Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the coaching program will produce different outcomes and results for each client it works with. Client understands and agrees that:

Every client and final result is different.

Coaching and/or consulting is a subjective service and Company may give different information to each Client depending on its personal and business needs.

Company will use its personal judgment to create favorable experiences to each Client depending on their business needs.

Dissatisfaction with Company’s independent judgment or individual coaching style are not valid reasons for termination of this Agreement or request of any monies returned.

14. Disclaimer

Client agrees and understands Company is not providing the professional services of an attorney, accountant, financial planner, therapist or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Agreement, Client must sign a letter of engagement of said professional services with the appropriate service provider.

15. Non-Disparagement

Company and the Client agree that, at all times during this Agreement and in perpetuity, they shall use reasonable and good faith efforts to ensure that neither Party engages in any vilification of the other, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other, including, but not limited to, management style, methods of doing business, the quality of products and services, role in the community, or treatment of Company. The Parties further agree to do nothing that would damage the others business reputation or goodwill; provided, however, that nothing in this Agreement shall prohibit either Party’s disclosure of information which is required to be disclosed in compliance with applicable laws or regulations or by order of a court or other regulatory body of competent jurisdiction.

16. Indemnification

Each Party hereby agrees to indemnify and hold harmless the other Party and its agents from and against any and all losses, damages, liabilities, expenses and costs, including reasonable legal expenses and attorneys’ fees, to which the other may become subject as a result of any claim, demand, action or other legal proceeding by any third party to the extent such losses arise directly or indirectly out of activities performed by the other Party pursuant to this Agreement, except to the extent such losses result from the gross negligence or willful misconduct of a Party.

17. Maximum Damages

The sole remedy for any actions or claims against the Company shall be limited to the maximum amount not to exceed the total monies paid by Client to the Company under this Agreement.

18. Limitation of Liability

Client acknowledges that while the Company may provide business and personal solutions and suggestions, it is up to Client to act in its own best interest and understands that all decisions for improvement ultimately fall upon Client. Client agrees that all business, personal, and financial decisions are its own responsibility. 

In no event shall Company be liable under this Agreement to Client or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

19. Force Majeure 

No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 10 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. All payments made by Client up to the date of Notice of a Force Majeure Event are non-refundable but will be transferable to another coaching program with Company within 6 months.

20. Cancellation of Services by Company 

In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:

Immediately give Notice to Client;

Issue a refund or credit based on a reasonably accurate percentage of services rendered; and

Excuse Client of any further performance and/or payment obligations under this Agreement.

21. Sales Tax

Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Client and remitted by Company. All sales tax will be included on invoices.

22. Our Intellectual Property

This Site, the Program and the content thereof is owned by us and third party providers and is protected by U.S. and international copyright, trademark and other intellectual property laws. It may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without our written permission, except that you may download, display, and print one copy of the materials presented on this Site on a single computer for your personal, non-commercial use only. "Deep-linking," "embedding" or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this Site or the Program materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited. You may establish a hypertext link to this Site provided the link does not state or imply our sponsorship of the other site and further provided that you do not frame any of the content of the Site incorporate into another website or other service any of our intellectual property.

Content Submitted by You ("Submissions")

"Submissions" means all comments, feedback, suggestions, e-mail and similar information or materials you submit to us including comments to blogs, stories, and community forums, letters, manuscripts, articles, photographs, videos, artwork or any other material. In submitting the material, you represent and agree that:

You are the author of the Submission or that you are making the Submission with the express permission of the author/owner;

The Submission is free from restrictions on publication and does not infringe or violate any existing copyright or other property right that exists in favor of any other person or entity;

You are granting us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or display such Submission, in whole or in part, in any manner or medium now known or hereafter developed;

You automatically waive any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way we use such content;

You are responsible for the content of all Submissions and acknowledge that third parties may hold you responsible for content-related claims including but not limited to libel, invasion of privacy, misappropriation, and/or disclosure of confidential information;

You shall indemnify, defend and hold us, our parent company and our affiliated entities (including our officers, directors, owners, agents and employees) harmless from all liability and costs incurred in connection with any claim arising out of any breach by you of the above representations and warranties and for any claims related to your Submissions; and

We have the right to disclose any information that we believe necessary to comply with any law, regulation, or governmental request and provide information that could prevent or assist in the resolution of any criminal, illegal, or inappropriate activity.

23. ONLINE CONDUCT

We encourage a free and open exchange of ideas in a climate of mutual respect. We do not control the messages or postings that are sent to the Site but we, or third parties acting on our behalf, may monitor online conduct to enforce these Terms of Use. We reserve the right in our sole discretion, but do not assume any obligation, to refuse to post, remove, or edit any messages or postings sent to the Site. Any action by a user that infringes on another user's right to use and enjoy this Site is prohibited. We reserve the right to suspend or terminate your access to and use of this Site if, in our view, your conduct fails to meet any of our guidelines. You agree that under no circumstances will we be held liable to you, and we specifically disclaim any liabilities to you, for removing, disabling, or restricting access to or the availability of Submissions or content. It is a condition of your use that you do not:

Use the Site for any unlawful purpose or to transmit any material that contains a virus, worm, Trojan horse, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications;

Use the Site to encourage others to engage in illegal activities or activities that could cause injury to persons or property;

Use the Site to upload, post, e-mail, transmit or otherwise make available content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights of any party;

Use the Site to upload, post, email, transmit or otherwise make available content that is harmful to minors in any way, or that is harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable;

Post any information that is false, misleading or inaccurate or attempt to interfere with any other person's use of the Site;

Solicit funds, advertisers, or sponsors, or advertise any commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting "pyramid" schemes, raffles or contests, displaying sponsorship banners, or soliciting goods or services) except as may be specifically authorized on this Site;

Hold yourself out as sponsored by, endorsed by, or affiliated with us;

Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site; or,

Post hyperlinks to other sites containing content prohibited by the Terms of Use. To report a complaint, please use the Report Abuse button next to the content you wish to report.

Links to Other Sites

Any links from this Site to other websites are provided for your information and convenience only. We do not assume any responsibility or liability with respect to any website linked from this Site (or any website linking to this Site). We do not review or monitor such links. A link from this Site to another website (or a link from another website to this Site) does not constitute a referral, endorsement, approval, advertising, offer, or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. The privacy policies of other sites may differ from ours so if you have questions about other sites’ privacy policies, please contact them directly.

In accordance with the Digital Millennium Copyright Act, and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and services, or terminate the subscription of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

You are prohibited from trying to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Use. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any user that is believed to violate these Terms of Use or any other federal, state, or local law or regulation. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF AN INVESTIGATION AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

24. Entire Agreement 

This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing.  We may modify these Terms of Service in writing and if so we will send you notice thereof.  

25. Venue and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in United States, New York. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary. 

26. Mediation and Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in United States, New York. another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

27. Severability & No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.

28. Transfer

This Agreement cannot be transferred or assigned to any third-party by either the Company or Client without written consent of all Parties. 

29. Headings

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.

30. Notice

Parties shall provide effective Notice (“Notice”) to each other via email at the date and time which the Notice is sent: Company’s Email: thelink@meettheotter.com; Client’s Email below.

31. Counterparts; Facsimile Signatures

A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the Parties. The Parties agree that a facsimile copy (electronic copy) of this Agreement, which contains the Parties’ signatures, may be used as the original.