Terms & Conditions
Terms & Conditions
The Alive Foundation Inc., (MorningCoach.com) owns and operates this website (hereafter, the “Site,” which shall also include any other websites owned and operated by the Alive Foundation, Inc., services related to such operation, product, service, or any communications related to the Alive Foundation Inc, Inc.). All references hereafter to Alive Foundation Inc., (“we”) shall include its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of the Alive Foundation, Inc.
By using the Site, you, the user of the Site (“you”), agree to the terms, conditions, notices and guidelines contained in this Terms and Conditions of Use Agreement (the “Agreement”) and all modifications hereto. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time. You should randomly check the Site for changes to this Agreement. Your continued use of the Site following the posting of changes to this Agreement means you accept those changes. Please e-mail any questions regarding this Agreement to email@example.com If you do not agree of comply with this agreement then please do not use the site. The Alive Foundation Inc. reserves the right to refuse service or revoke service to any party, or person at any time. These decisions will be made by the Alive Foundation Inc. in its sole discretion.
- User Responsibilities
If you choose to become a registered user of any of part of the Site, you agree that you will provide true, accurate, current and complete information about yourself as prompted by the registration process. You also agree to update that information as necessary to maintain its accuracy. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Alive Foundation, Inc. has reason to believe such information is untrue, inaccurate, not current or incomplete, the Alive Foundation, Inc. has the right to suspend or terminate your account and refuse you any or all current and future use of any of the Site or such other services as the Alive Foundation, Inc..
- Product Purchases
If you purchase anything from the Alive Foundation, Inc., you hereby agree that the Alive Foundation, Inc. may immediately authorize your credit card (or other approved facility) in the amount equal to the then applicable prices for the products/services you have requested. Similarly, if you are purchasing anything from the Alive Foundation, Inc. with a written description of a recurring payment plan (including but not limited to “per month”, “month-to-month”, “annual”, “renewing”, “recurring”), you hereby agree that the Alive Foundation, Inc. may continue to authorize your credit card (or other approved facility) in the amount equal to the agreed upon recurring prices for the products/services you have requested during the agreed upon time frame for said product. Payment for the services or products provided to you at and/or through this Site may be made by automatic credit card or check debit and you hereby authorize the Alive Foundation, Inc. to transact such payments on your behalf. You agree to be personally liable for all charges you incur during or through the use of the Site.
If you have a question about a transaction on your credit card statement please use the links in the Customer Service section on MorningCoach.com to contact customer service.
- “Free Trial” Membership Subscription Purchases
Products offered with a “free trial” period, in which the user gains members-only access to this website without purchase, are part of a recurring subscription service. By accepting the free trial membership, user authorizes the Alive Foundation, Inc. and the operators of this website to bill his/her credit card at the end of the free trial period, unless the subscription is properly canceled before the trial period ends (see 2C for proper cancellation procedures). If the user is not satisfied for any reason, he/she may cancel before trial ends, and will not be billed. After the free trial ends, user’s membership will continue for the stated amount on a regular basis (usually monthly, as stated at time of joining free trial). (For example, if member joins a stated “7 Day Free Trial”, membership billing will begin on the 8th day of membership if proper cancellation notice is not provided within the 7 day “Free Trial” period.) The user’s credit card will be charged at the beginning of each billing cycle and will continue until user cancels his/her subscription.
- Re-Downloading Previously Purchased Content
Any digital downloads offered through subscription membership, one-time downloads, or other form of purchase will be available for download by member for the stated duration of the pad period. Member or purchaser of the digital download product has the right and responsibility for downloading and maintaining his or her purchase within the agreed and stated time of paid access. After this paid period has ended, product will no longer be available for download. Due to the nature of digital downloads, the Alive Foundation, Inc. is not responsible for any lost, misplaced, corrupt, or otherwise unusable digital product beyond the paid period of access. Re-downloads after a paid period has ended will not be permitted.
- Cancellation Policy for Recurring Subscriptions
Cancellation of a recurring subscription, including but not limited to the MorningCoach.com Premium, VIP Mastermind or Platinum Membership, can be made at any time before the next billing date. For immediate processing of cancellation go to your MY ACCOUNT page and click “Cancel My Account” You may also contact us by email within 72 hours of your next billing to guarantee timely cancellation of your account. Your 72-hour advanced notice cancellation request will be processed before your next billing and a confirmation will be sent to the email address associated with your account. Email cancellation requests received with less than 72 hours notice before next billing may or may not be processed before next billing date. For immediate cancellation, please log in to your my account page and click “Cancel My Account”. After the Alive Foundation, Inc. has confirmed your cancellation, your credit card will no longer be charged for the recurring subscription in question, unless said subscription is purchased again by a user of using your account.Note: If user does not complete the required steps to confirm your cancellation, as instructed on the website, user may not assume cancellation of his/her account is complete, and the Alive Foundation inc. is not liable for further charges to user’s credit card. Contact customer service for assistance or to verify cancellation.
- “Free Trial” Membership Subscription Purchases
- Refund Policy
Purchase of any the Alive Foundation Inc. MorningCoach.com Membership, including but not limited to the “Premium Membership”, “VIP Mastermind”, or “Platinum Membership” monthly and annual plan will be given based on the sole discretion of the Alive Foundation inc.
- Refund Policy for “Free Trial” Products
Free trial memberships, in which no financial transaction or purchase is made in exchange for access to members-only portions of this website, are not eligible for any refund, If user does not cancel his or her subscription by following the steps mentioned in these Terms and Conditions of Service before the end of the trial period, any charges made thereafter to users account will not be eligible for refund.
- Refunds of Physical Product Purchases
If for any reason you are not satisfied with your product purchase, please “Contact Us” with your refund request within 30 days of purchase. You will be required to return the product in it’s original condition. Upon receipt of the returned product, the Alive Foundation, Inc. will initiate a refund of the original purchase price of your item, less shipping and handling charges.
- Refund Policy for “Free Trial” Products
- Intellectual Property.
The Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips, mp3’s (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by the Alive Foundation, Inc. or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of the Alive Foundation, Inc. and protected by U.S. and international copyright laws. All software and programming (code) used on the Site is the property of the Alive Foundation, Inc. or commercial software suppliers and is protected by U.S. and international copyright laws.Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the Site subject to the following conditions:The material may only be used for your personal, non-commercial use;
The material may not be modified;
All copyright, trademark, and other proprietary notices contained in all such copies must be kept intact; and The copyright notice and permission notice: “Copyright © The Alive Foundation, Inc. MorningCoach.com all rights reserved. must appear on each copy.
The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any other material or element from the Site including, but not limited to, the design or layout of the Site, individual elements of the Site’s design, or Alive Foundation, Inc. logos without the express written permission of the Alive Foundation, Inc., or other owners of the Intellectual Property is strictly prohibited. For purposes of this Agreement, the use of any such material on any other website without the express written approval of the Alive Foundation Inc.
- Limits on Liability
The Alive Foundation, Inc. is not liable for:
The contents of any communication, message, or other information sent by you or third parties to or through the Alive Foundation, Inc., MorningCoach.com or posted by you or other third parties on any part of the Site;
* The contents of any website not controlled, owned, or operated by the Alive Foundation, Inc. that is accessed from or linked to any part of the Site;* Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure;* The results of any interpersonal interactions to which you are exposed or in which you become involved through the Site or other the Alive Foundation, Inc., and
* Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use any of the Site or related services, or download any of the software through any of the Site, even if the Alive Foundation, Inc. has been advised of the possibility of such damages. If you are dissatisfied with any portion of any of the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Site.
The Site may include links to other Internet sites, both related and unrelated to the Site. Additionally, other sites may link to the Site with or without the permission of the Alive Foundation, Inc. the Alive Foundation, Inc. is not responsible for the content or availability of these sites. Descriptions of or references to individuals, companies, products, services or publications not owned by the Alive Foundation, Inc. on the Site or any linked website do not imply any endorsement of such individuals, companies, products, or publications by the Alive Foundation, Inc. The Alive Foundation, Inc. shall not be liable for any damages or costs arising out of or in any way connected with your use or involvement with any of the individuals, companies, products, services, or publications accessed through the Site.
You agree to indemnify and hold the Alive Foundation, Inc., its directors, officers, employees, agents and representatives harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of any parts of the Site or related services; (b) your use of any products or services offered by third-parties through the Site; (c) your download and/or use of any of the software available for download through any part of the Site; or (d) your alleged breach of this Agreement.
- Disclaimer of Warranties
The information, material, services, and products (including the products and services offered through the Site and provided by third parties) included on any part of the Site may include inaccuracies, typographical errors, bugs and other problems. Alive Foundation, Inc. may make changes or improvements to the Site at any time.
ALL OF THE CONTENT, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALIVE FOUNDATION, INC. DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Alive Foundation, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ITS CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MERCURY RADIO ARTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEBSITE AND ITS CONTENT, INCLUDING THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
In addition and without prejudice to any other legal or equitable remedies available to the Alive Foundation, Inc., The Alive Foundation, Inc. may terminate this Agreement at any time and for any reason whatsoever. You may terminate this Agreement by closing your account with the Alive Foundation, Inc., and paying any and all outstanding balances owed by you to the Alive Foundation, Inc. under that account. You agree that the entire and sole remedy available to you in case of any complaint or damages incurred by your use of the Site is the refund of your most recent membership fee payment, if any.
This Agreement shall be governed by the laws of the State of Florida applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Seminole, Florida will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. The losing party shall pay all reasonable fees and costs (including attorneys’ fees) resulting from any claim or dispute arising from this Agreement.The Site is owned and operated by the Alive Foundation, Inc. from the State of Florida, United States of America. The Alive Foundation, Inc. makes no representation that content on any part of the Site is appropriate or available for use in other locations. Those who choose to access any part of the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site may contain references to products or services not available in all countries. The Alive Foundation, Inc. does not market all of its products or services in all countries. Software or Code from any part of the Site may be subject to U.S. and Canadian export controls.
Any rights not granted herein are reserved to and by the Alive Foundation, Inc. This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Sections 1, 2, 4, 5, 6, 7, 8, 9,10 of this Agreement shall survive any termination or cancellation of this Agreement. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import. This Agreement may be assigned by the Alive Foundation, Inc. at any time.A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Equal Opportunity Employer
The Alive Foundation Inc, Inc. reserves the right to post information about employment opportunities with the company on any part of the Site. The Alive Foundation, Inc. is an equal opportunity employer, employing people without paying attention to race, sex, religion, nationality, age or disability.
- The Site is owned and operated by the Alive Foundation, Inc., 6919 W Broward Blvd., Suite 261, Planation, FL 33317. For further information about the Alive Foundation, Inc or the Site, please visit the “Contact Us” section of the Site to email us. You may have this same information sent to you by e-mail by sending a letter to the Alive Foundation, Inc. at the address above with your e-mail address and a request for this information.