MCGUIRE METHOD PLATFORM

TERMS OF SERVICE

Effective Date: September 1, 2023

These Terms of Service (“Terms”) apply to McGuire Enterprises LLC coaching, the use of the Present Like a Pro™ personal coaching platform, and any McGuire Method™ Trainings accessible via the domain Terms encompass all services accessible via the domain: https://trainings.themcguiremethod.com/ (collectively the “Platform”). The Platform is provided by McGuire Enterprises LLC (“Company”, “we”, “us” or “our”), and these Terms represent a binding agreement between you as the user of the Platform (“you” or “your”) and Company. By or accessing and using the Platform and the services (“Services”) provided by the Platform, you confirm your acceptance of these Terms and our associated Privacy Policy. If you do not agree to these Terms, you must discontinue use of the Platform and Services.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND, “YOU” AND “YOUR” IN THIS AGREEMENT SHALL REFER TO SUCH COMPANY OR LEGAL ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY OR IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITION HEREIN, DO NOT USE THE PLATFORM OR SERVICES.

NOTE: THESE TERMS CONTAIN AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. PLEASE REVIEW SECTION 18 BELOW BEFORE USING THE PLATFORM OR SERVICES.

WE ARE NOT A LICENSED HEALTH CARE PROVIDER AND ARE NOT PROVIDING ANY MEDICAL, PSYCHIATRIC, OR PSYCHOLOGICAL TREATMENT, DIAGNOSIS OR ADVICE.  

1.     Description of our Platform and Services

The Platform and Services provide personal coaching and content to you to help you communicate confidently for use in presentations, personal interactions, and business and other transactions and communications. The Services include pre-recorded video recordings, written and/or virtual content, and other material that we provide to users via the Platform (“Company Content”). Uploading or recording a video of yourself within the Platform (“User Video Recordings”) may be submitted to use for review and analysis in addition to being used for our internal training purposes. We then may provide you a video recording with our feedback (“Feedback Recordings”) and/or other personalized content (“Personalized Content”). For certain Services, you may also arrange for one-on-one or group virtual sessions (“Live Sessions”) with one of our coaches (“Coaches”) through the video platform selected by us.

2.     Changes

We may from time to time modify, amend or vary these Terms (collectively, “Modifications”). You understand and agree that we may change or discontinue the Platform or Services or change or remove functionality of the Platform or Services any time at our sole discretion. The Effective Date of each version of the Terms will be set forth above. Please check these Terms regularly to ensure you are aware of any Modifications made by us. If you continue to use the Platform or Services, you are deemed to have accepted such Modifications. If you do not agree to such Modifications, you should discontinue use of the Platform and Services.

3.     Equipment

You are responsible at your sole cost for all equipment, devices and mobile or internet access necessary to access and use the Platform and Services. You acknowledge that you may be charged for data services while using certain features of the Platform and Services or any other third-party charges as may arise and you accept sole responsibility for such charges. You must also ensure that your use of the Platform and Services is not in violation of your internet access or wireless data service agreement.

4.     Eligibility and Registration

You must be at least 18 years of age to use the Platform and our Services. You further affirm that (a) you are not a resident of (and will not use the Platform or Services in) a country that the U.S. government has embargoed for use of the Services, nor are you named on the U.S. Treasury Department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations and (b) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

You agree to provide complete and accurate information when registering to use the Platform and Services and to keep that information updated. You are responsible for maintaining the confidentiality of your username and password (“User Credentials”) and for notifying us immediately via emailing impact[at]themcguiremethod.com of any loss or unauthorized use of your User Credentials. User Credentials are the property of the Company and should not be shared or disclosed by you to any third party. You are responsible for all activities on your account whether authorized or not.

You represent that:

•      You own all rights in and to any content provided by you (“User Content”), including any User Video Recordings, information, designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works, and any other materials, or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;

•      You will fully comply with all applicable laws and agreements which govern your use of the Platform and Services; and

•      You will not use the Platform and Services in violation of any law or for any fraudulent or illegal activity.

5.     Fees

We reserve the right to charge fees for use of the Platform and Services. We will notify you of such fees prior to charging them. We may require that you provide us a credit card or other payment mechanism to pay for such fees. You authorize us to charge such credit card or payment mechanism in accordance with our then applicable fee schedule. We reserve the right to terminate your access and use of the Platform and Services for failure to make timely payment. There are no refunds or exchanges for Platform and Services purchased. Once you activate the Platform and Services, you may not transfer your account to another person.

6.     Privacy

Any personal information that you provide through the Platform and Services will be processed and shared only within the Company. If you provide personal information in using the Services, such as in the User Video Recordings, Live Sessions, or other communications, you are directing us to disclose that personal information to our Coaches and other personnel so that they can provide feedback and communicate with you directly and otherwise provide the Services.

Please note that any User Content you submit or post in connection with any public forums or features of the Services will not be maintained as confidential or private and will be made available to the public or other users.

7.     Access and Use

Provided you are in compliance with these Terms, we hereby grant you a non-exclusive, non-transferable, revocable license to (a) access and use the Platform and Services for your personal, non-commercial use, and, when available, (b) download and use one copy of the Feedback Recording and other Personalized Content for your private, personal non-commercial use (“User License”). 

All other rights are reserved by Company. In the event of your breach of these Terms, we will be entitled to terminate the User License immediately.

You agree not to (i) modify, adapt or translate the Platform or Services or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or Services; (ii) remove any copyright notice, trademark, legend, logo or product identification from the Platform, Services or Company Content; (iii) modify, translate or prepare derivative works of the Platform, Services or Company Content, or any portion thereof; (iv) make any commercial use of the Platform, Services or Company Content; or (v) rent, lease, distribute or lend the Platform, Services or Company Content to third parties.

8.     Video Recording of Sessions

The Platform allows you to upload and/or record User Video Recordings and to connect and participate in Live Sessions with our Coaches. You agree that we shall have the right to record the Live Sessions. 

YOU CONSENT TO YOUR VOICE, NAME, IMAGE, LIKENESS AND QUESTIONS, STATEMENTS AND OTHER USER CONTENT BEING RECORDED DURING THE LIVE SESSIONS (“SESSION RECORDINGS”) BY COMPANY IN CONNECTION WITH ANY USE OF THE SERVICES, AND, WITH WRITTEN PERMISSION, TO THE REPRODUCTION, DISPLAY, PERFORMANCE, MODIFICATION DISTRIBUTION OR TRANSMISSION OF USER VIDEO RECORDINGS AND SESSION RECORDINGS WORLDWIDE IN ANY MEDIA OR FORMATS, WITHOUT COMPENSATION OR ANY RIGHT OF REVIEW OR APPROVAL, IN CONNECTION WITH OUR PROVIDING THE PLATFORM AND SERVICES.

9.     Confidentiality

The Platform and Services, including any Company Content, are confidential and proprietary to Company (“Company Proprietary Information”). They are provided to you for your personal, non-commercial use. You should maintain such Company Proprietary Information as confidential and not disclose the Company Proprietary Information to any third party without our prior written consent. You agree that your violation of these confidentiality obligations will cause us irreparable harm for which there is no adequate remedy at law, and that we would be entitled to injunctive relief to prevent unauthorized use of Company Proprietary Information without the need to post a bond. 

10.    Intellectual Property

“Present Like a Pro”, “McGuire Method”, “Persona Constellation”, “Presentation Persona”, “SOAR: Leadership Lab”, “McGuire Method Leadership Lab”,  and associated logos are the trademarks of McGuire Enterprises LLC (“Company Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the Platform and Services are the trademarks of their respective owners (collectively “Third Party Trademarks”). Our use of Third-Party Trademarks is for referential purposes and does not suggest or imply that such owners endorse or are affiliated with Company or the Services.

The Platform, Services, Company Content, Personalized Content, Feedback Recordings, and Session Recordings and other content that is provided or created through the Platform or Services (collectively, “Platform Content”) are owned by Company. User Content is owned by the user that generated it, but licensed to Company as described in Section 11 below.

Except as set forth in the User License, the Company Trademarks and Platform Content may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. The Platform Content is protected by copyright, trademark, patent, and other intellectual property and proprietary rights, which are reserved to Company and its licensors.

11.    User Content

The Platform or Services may contain features that allow you to post or provide User Content. You retain the right to your User Content. However, with written permission, you grant to Company the worldwide, perpetual, irrevocable, fully transferable and royalty-free right and license to use the User Content for any purposes, including without limitation, to reproduce, distribute, publish, modify, publicly display, publicly perform, and make derivative works of the User Content, and for any and all commercial purposes, and in any and all media and formats, whether now known or hereafter created. Please note that if you provide User Content to public areas of our Services or Platform, such User Content may be made publicly available to other users or to the public at large and so you should not disclose any content that you do not wish to be made public. You grant to Company the right to use your User Content internally within the Company for training purposes.

12.    Prohibited Uses

You agree not to use the Platform or Services in any way, provide User Content or engage in any conduct that:

We expect all Platform users to be respectful and show good behavior in connection with any Live Session. We reserve the right to terminate any Live Session immediately without notice for any reason, including for any conduct that is prohibited by this Section 12.

We also reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove, or block any User Content that violates these Terms, including without limitation Section 12. In addition, we reserve the right at our sole discretion to terminate any user’s access to the Platform and Services if they violate this Section 12 or any other provision of these Terms.

13.    Third Party Links

The Platform and Services may contain links to or be designed on other websites, databases, networks, servers, information, software, programs, systems, directories, applications, third parties, products, or services (collectively “External Applications”) for your convenience. For example but not limited to, if you wish to make donations, we may use an External Application to process such donations; we may provide a link to an External Applications design database; we may use third party links to manage scheduling. We are not and cannot be responsible for the External Applications’ content, operation, or use and links do not serve as Company endorsements. Your use of External Applications is subject to the privacy practices and terms of use established for the External Applications, and we disclaim all liability for such use. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Applications, which you use at your own risk.

14.    Indemnification

You agree to defend, indemnify, and hold harmless Company, any Candidate or Campaign, and each of their respective parent companies, affiliates, officers, directors, employees, and agents (collectively, “Indemnitees”) against any lawsuit, liability, penalties, investigations, injuries, damages, or expense (including attorney’s fees) arising from your use of the Platform, Services, and/or any User Content you provide or any breach of these Terms by you. The Indemnitees reserve the right to control the defense and settlement of any third-party claim for which you are obligated to indemnify Indemnitees under these Terms and you will assist us in exercising such rights and defending such third-party claims.

15.    Disclaimer of Warranties

We provide the Platform and Services on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. You assume all risk from relying on any Platform Content. In particular, Company does not warrant or make any representation regarding the validity, accuracy, reliability, or availability of the Platform, Services, or Platform Content. To the fullest extent permitted by applicable law, Company hereby excludes all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular use, or that the Platform or Services are of satisfactory quality, non-infringing, is free of defects, or is able to operate on an uninterrupted basis, or that the use of the Platform or Services by you is in compliance with laws or that any information that you transmit in connection with this Platform or Services will be successfully, accurately, or securely transmitted.

16.    Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ANY OF THE INDEMNITEES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO PLATFORM, SERVICES, COMPANY CONTENT OR ANY EXTERNAL APPLICATION, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE PLATFORM, APP OR SERVICES IS TO STOP USING THE PLATFORM, APP OR SERVICES, AS APPLICABLE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

In the event that applicable law does not allow the disclaimer of certain warranties and/or the limitation of liability for direct, indirect, consequential, or other damages, in no event shall Indemnitees’ liability arising under or in connection with these Terms and your use of the Platform, Services, or Company Content exceed $100.

17.    Governing Law

These Terms shall be governed by the laws of the State of California, without regard to its choice of law principles. In the event arbitration does not apply as set forth in Section 18, we and you irrevocably submit to the jurisdiction of the state and federal courts of Los Angeles, California in the United States of America with regard to any dispute arising out of or relating to these Terms.

18.    Arbitration Provision

You and we agree that any dispute, claim or controversy between you and us arising in connection with or relating in any way to these Terms, the Platform or Services will be determined by mandatory binding individual (not class) arbitration under this provision (“Arbitration Provision”). You and Company further agree that the arbitrator shall have the exclusive power to rule on her, his, or their own jurisdiction, including any objections with respect to the existence, scope or validity of this Arbitration Provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This Arbitration Provision will survive termination of these Terms.

You and Company both agree that nothing in this Arbitration Provision will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a United States of America small claims court, (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator, or (3) for Company to bring an action in any court of law relating to an violation or infringement of Company’s intellectual property rights. In addition, this Arbitration Provision does not stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless the Company agrees or requests, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Either you or we may start arbitration proceedings. Any arbitration between you and Company will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Provision. You and Company agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.

Any arbitration hearings will take place in the county of your residence address if in the United States of America or Los Angeles, as mutually agreed upon, provided that if the claim is for $25,000 or less, you or Company may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; or (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address if in the United States or Los Angeles, as mutually agreed upon.

If you choose to file an arbitration proceeding and you are required to pay a filing fee, Company will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Company will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

If this Arbitration Provision is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in this section shall govern any claim in court arising out of or related to the Terms.

19.    Termination

These Terms are effective unless and until terminated by either you or Company. You may terminate these Terms at any time, provided that you discontinue any further use of the Platform and Services. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the Platform and Services, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of the Platform or Services. Upon any termination of the Terms by either you or us, you must promptly cease using the Platform and Services.

Sections 1 through 6, the restrictions, but not the User License in Section 7, and Sections 8 through 22 shall survive termination.

20.    Intellectual Property Claims

We respect the intellectual property rights of others and require that users of our Platform and Services do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States of America Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: O’Melveny & Meyers LLP. 

To be sure the matter is handled immediately, your written notice must:

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Platform and Services who is the subject of repeated DMCA or other infringement notifications.

21.    General

These Terms, and other policies incorporated herein, constitute the entire and only agreement between you and Company with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived, or modified except by Company as provided herein or otherwise by written instrument signed by Company. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Company’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Company may assign, transfer, or delegate this or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

22.    Contact Us

If you have any questions regarding our Platform or Services, you can email us at impact[at]themcguiremethod.com.