Terms of Use
Effective Date: January 1, 2026
Welcome to Kim Jackson-Massaro Coaching, LLC. These terms of use outline the rules and regulations for the use of our website and coaching services. Kim Jackson-Massaro Coaching, LLC, is a California based limited liability corporation (“Company”, “us” or “we”), owns and operates this website and any other web services or products offered now or in the future, including, but not limited to, its related social media platforms. By accessing this website and/or using our coaching services, products, programs or resources, we assume you accept these terms and conditions in full. Do not continue to use Kim Jackson-Massaro Coaching, LLC's website or services if you do not accept all of the terms and conditions stated on this page.
The Terms of Use and Privacy Policy (collectively, the “Terms”) govern your use of the Site, and other free materials and resources provided by the Site, and any other services or products we make available on this Site (collectively, the “Services”). These Terms constitute a legally binding agreement made by and between Kim Jackson-Massaro Coaching, LLC and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).
BY ACCESSING OR USING ANY PART OF THE SITE, PRODUCTS, OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABLIITY LIMITATIONS.
If you access any associated Kim Jackson-Massaro Coaching Site on a social media network (such as, without limitation, Facebook, Twitter, Instagram, or YouTube), you also consent to and agree to abide by the terms and conditions of that social media network.
Healthcare Acknowledgement & Disclaimer
Kim Jackson-Massaro Coaching, LLC is not a medical practice. Our services are not a substitute for professional advice from your healthcare provider. We do not guarantee the completeness, accuracy, or suitability of any information provided. Before engaging in any activity or program, including our services, consult with your healthcare provider or other professional care provider regarding any health or personal concerns. You acknowledge the potential risks of physical injury, emotional distress, or other consequences associated with activities described in our services, and you assume full responsibility for these risks. Never disregard professional medical advice or delay seeking it based on information from our services. Use our services in conjunction with guidance from qualified medical professionals and other applicable care providers. By using our services, site, or products, you release Kim Jackson-Massaro Coaching, LLC from any liability and agree to indemnify us against any claims arising from your use of our services, site, or products.
Content on the Site
By using this website, you acknowledge that all content, including text, images, videos, and other materials (collectively referred to as "Content"), is protected under copyright laws. The Content belongs to their respective owners, including Kim Jackson-Massaro Coaching, LLC, and third parties who have granted us rights to use their trademarks and materials. You are granted a limited, non-exclusive, non-transferable, and revocable right to access and use the Site for personal, non-commercial purposes, subject to compliance with these terms. You may not modify, reproduce, distribute, or exploit the Content without our written consent, except for personal non-commercial use. We do not monitor or endorse third-party content on the Site and are not responsible for its accuracy or quality. Links to third-party sites do not imply endorsement, and we are not liable for any third-party services or products accessed through the Site.
Your Conduct on the Site
To use the Site, you must be at least 18 years old and legally competent. If you're acting on behalf of a third party, you confirm you're authorized to do so and that they accept these Terms. Access is prohibited if previously restricted. When creating an account, ensure all provided information is accurate and up-to-date. You're responsible for maintaining your account's confidentiality and for all activities under it. Accounts are non-transferable. We may cancel your account if you violate these Terms. By registering, you consent to receive communications from Kim Jackson-Massaro Coaching, LLC. Any feedback you provide becomes Kim Jackson-Massaro Coaching, LLC's property for unrestricted use without compensation to you. You agree not to copy our Site's appearance, design, or content. Misuse, reverse engineering, or interference with our technology is prohibited. Prohibited actions include defamation, commercial use, impersonation, unauthorized access attempts, and violating laws or others' rights.
PRIVACY POLICY
All of the information that we collect from you, such as your e-mail address and related personal information and credit card information, is subject to our privacy policy. Kim Jackson-Massaro Coaching, LLC’s privacy policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms.
Interpretation
"Client," "you," and "your" refer to you, the person accessing this website and/or engaging in our coaching services.
"Kim Jackson-Massaro Coaching, LLC," "we," "us," and "our" refer to the coaching business operated by Kim Jackson-Massaro in the state of California.
Coaching Services
Kim Jackson-Massaro Coaching, LLC provides coaching services including individual and group coaching sessions, workshops, and other related services aimed at personal and professional development.
Sessions are conducted either in person, by phone, or via online platforms, as agreed upon between Kim Jackson-Massaro Coaching, LLC and the client.
Client Responsibilities
You agree to actively participate in coaching sessions and commit to fully engagement towards your vision.
You agree to provide accurate and truthful information during coaching sessions.
You understand that coaching is not therapy or medical advice and should not substitute for professional medical or psychological care.
Payment and Cancellation
Fees for coaching services will be communicated and agreed upon before the commencement of services.
Payment is due in advance or as otherwise agreed upon between Kim Jackson-Massaro Coaching, LLC and the client.
Cancellation policies will be discussed and agreed upon prior to scheduling sessions.
Confidentiality
All information disclosed during coaching sessions will be kept strictly confidential by Kim Jackson-Massaro Coaching, LLC, except where disclosure is required by law.
Confidentiality extends to all forms of communication between Kim Jackson-Massaro Coaching, LLC and the client.
DMCA Copyright Infringement and Take-Down Policy
Kim Jackson-Massaro Coaching, LLC respects copyright rights. We may remove content and take action against repeat offenders. To file a copyright infringement notification, email us at: kjmassaro25@gmail.com. Include:
Identification of the copyrighted work.
Description of the infringing material and its location.
Your contact information.
Statement of good faith belief and accuracy under penalty of perjury.
Your physical or electronic signature.
Non-compliant notices won't receive a response. Knowingly misrepresenting claims may result in liability under the DMCA. Violators may have their account terminated.
Terms of Sale for Services
Kim Jackson-Massaro Coaching, LLC offers various products, programs, e-courses, and coaching services ("Products and/or Services") for purchase through the Site. Fees are due at the time of booking, as listed. We aim for accuracy but acknowledge potential errors in pricing or descriptions due to technology limitations. We reserve the right to correct errors and update information without notice. Prices and availability of Products and/or Services may change at any time. Some items may have limited quantities and are available for sale only within the United States, priced in U.S. dollars. We may refuse or limit orders, and orders are generally non-cancelable.
Rescheduling one-on-one sessions requires 24-hour notice; otherwise, full charges may apply. Group Services sessions cannot be rescheduled, and no refunds are provided if you are unable to attend. Returns or substitutions of Products and/or Services are not allowed; all sales are final.
Payment: By making a purchase, you authorize Kim Jackson-Massaro Coaching, LLC to charge your payment card. We accept specified forms of payment and charge your card upon order processing. We reserve the right to use your payment information to improve service and prevent fraud.
Cancellation: You may cancel your payment before submission. We may cancel payments at our discretion, notifying you accordingly. Reasons for cancellation include breach of law, our Terms, suspicion of fraud, high dispute rates, or failure to cooperate in investigations.
Taxes: Prices exclude taxes, and you are responsible for any applicable taxes related to your purchase. We may charge taxes we believe are required.
Personal Use Only: Products and/or Services are for personal use only; resale is prohibited.
Professional Conduct: Treat Kim Jackson-Massaro Coaching, LLC staff professionally. We reserve the right to suspend or terminate Services without refund if we feel unsafe or uncomfortable.
Group Sessions: Confidentiality is expected in group sessions; however, we cannot guarantee participants' confidentiality. You release Kim Jackson-Massaro Coaching, LLC from any claims related to third-party disclosure of shared information.
Disputes
Subject to applicable law, you and Kim Jackson-Massaro Coaching, LLC agree that any dispute arising from your use of the Services or Site, these Terms, or relating to Kim Jackson-Massaro Coaching, LLC in any manner, will be resolved as follows:
Informal Resolution: Before taking formal action, contact us at kjmassaro25@gmail.com with a brief description of the dispute and your contact information. Allow sixty (60) days for us to attempt an amicable resolution.
Arbitration: These Terms involve interstate commerce, governed by the Federal Arbitration Act. Any disputes must be individually arbitrated by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. The arbitrator may not conduct class or collective arbitration and has exclusive authority over disputes regarding these Terms' interpretation, applicability, enforceability, or formation. The arbitrator’s award is final and may be entered in any court with jurisdiction.
Award: For claims over $5,000, the arbitrator will provide essential findings and conclusions. The arbitrator applies applicable law and recognized principles of equity, with the award binding and enforceable.
Important Note: The arbitrator may award relief only to the individual seeking relief and only to the extent necessary to address their individual claims, without affecting other users.
There are only two exceptions to this arbitration agreement:
1. Intellectual Property Rights: If a party reasonably believes that the other party has infringed or threatened to infringe its intellectual property rights, the party may seek injunctive or other interim relief in any court of competent jurisdiction.
2. Small Claims: Any claim of $500 or less may, at the option of the claiming party, be resolved in a small claims court within the United States, provided the claim and parties fall within the court's jurisdiction, and the matter proceeds on an individual basis.
Costs of Arbitration
All filing, administration, and arbitrator fees will follow AAA's rules, unless otherwise stated. If the relief sought is $5,000 or less, upon your request, Kim Jackson-Massaro Coaching, LLC will reimburse you for these fees after the arbitrator’s decision or settlement, unless the arbitrator deems your claim(s) frivolous.
Future Amendments to the Agreement to Arbitrate
Any future amendment to this agreement to arbitrate will not apply to claims filed against Kim Jackson-Massaro Coaching, LLC before the amendment's effective date. The amendment will apply to all other disputes or claims governed by the agreement.
Judicial Forum for Legal Disputes
If the agreement to arbitrate does not apply for any reason, you agree that legal disputes between you and Kim Jackson-Massaro Coaching, LLC must be resolved exclusively in state or federal courts located in Fresno County, California, unless otherwise agreed.
Opt-Out
New users can reject the arbitration provision by sending an Opt-Out Notice to kjmassaro25@gmail.com within 30 days of accepting the Terms. Existing users have 30 days after new Terms are posted to submit an arbitration Opt-Out Notice.
Opt-Out Procedure
To opt out, email your name, address, email address(es) associated with your account, and an unaltered digital image of a valid driver’s license matching your account name to kjmassaro25@gmail.com. This is the only method to opt out of arbitration. Opting out does not affect other parts of the Terms or prior arbitration agreements.
Waiver
By agreeing to these Terms, you irrevocably waive any right you may have to a court trial (other than small claims court as provided below) or to serve as a representative, private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding filed against Kim Jackson-Massaro Coaching, LLC and/or related third parties.
Indemnification
You agree to indemnify, defend, and hold Kim Jackson-Massaro Coaching, LLC and all of its officers, directors, managers, members, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Kim Jackson-Massaro Coaching Parties") harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys' fees, arising from: (a) your violation of any provision of these Terms; or (b) your violation of the rights of Kim Jackson-Massaro Coaching, LLC or any other person or entity. Kim Jackson-Massaro Coaching, LLC reserves the right, at its sole cost and expense, to control the defense and disposition of any such claim. You may not settle any claim without Kim Jackson-Massaro Coaching, LLC's express written consent. This defense and indemnification obligation will survive these Terms and your use of the Site.
Warranties & Disclaimers
Service Outages and Force Majeure: Except where otherwise stipulated in a separate signed agreement, we disclaim any liability for service outages caused by maintenance on our servers, failures of service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters, destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. Under no circumstances shall Kim Jackson-Massaro Coaching, LLC or its licensors or service providers be liable for any delay or failure in performance resulting directly or indirectly from such events.
Use of Site and Content at Your Own Risk: Your use of our Site is at your own risk. We do not warrant that our Site will be uninterrupted or error-free. We do not make any warranty as to the accuracy or reliability of the content or courses on our Site. Our Site, content, and sessions are provided on an "as is, as available" basis to the fullest extent permitted by law. Any material you download or obtain through our Site is done at your own discretion and risk. You will be solely responsible for any potential damages to your computer system or loss of data resulting from such actions.
No Responsibility for Third-Party Products, Services, and Materials: Kim Jackson-Massaro Coaching, LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any website featured or linked to through the Site. Kim Jackson-Massaro Coaching, LLC will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Kim Jackson-Massaro Coaching, LLC will not be liable for the offensive or illegal conduct of any third party. You voluntarily assume the risk of harm or damage from such third parties.
New Jersey Residents: The provisions above are intended to be as broad and inclusive as permitted by the law of the state of New Jersey only.
Limitation of Liability
No Consequential Damages: To the fullest extent permitted by applicable law, Kim Jackson-Massaro Coaching, LLC and its parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from the performance, use of, or inability to use the Site, services, courses, podcasts, content, or products, even if Kim Jackson-Massaro Coaching, LLC has been advised of the possibility of such damages, whether in an action in contract, tort (including negligence), strict liability, violation of statute, or otherwise.
Our Liability is Limited: In any event, our aggregate liability will not exceed the amount paid for the services or products to which the claim relates, or, if the claim does not relate to a product, $100.
New Jersey Residents: The provisions of this paragraph are intended to be as broad and inclusive as permitted by the law of the state of New Jersey only.
Termination & Survival
Term: These Terms are effective unless and until terminated by Kim Jackson-Massaro Coaching, LLC. We may, at our sole discretion and without any liability, modify, suspend, or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.
Suspension and Termination: Kim Jackson-Massaro Coaching, LLC may deny you access to all or part of the Site at any time for any reason, as determined in our sole discretion.
Survival: If Kim Jackson-Massaro Coaching, LLC terminates your right to access the Site, these Terms will terminate, and all rights you have to access the Site will immediately cease. Provisions such as Intellectual Property, Indemnification, Payment Obligations, Warranties and Disclaimers, Limitations of Liability, and Dispute shall survive termination or expiration of the Agreement.
General Terms
No Waiver; Severability: Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Headings: The provision titles in these Terms are for convenience only and have no legal or contractual effect.
Notice: By agreeing to these Terms, you consent to receiving and transacting with us electronically. We may deliver notice to you by email, posting a notice on the Site, or any other method we choose, and such notice will be effective upon dispatch. If you need to give notice to us, please use the email address kjmassaro25@gmail.com.
Entire Agreement: These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Kim Jackson-Massaro Coaching, LLC and govern your use of the Site and services, superseding any prior agreements between you and Kim Jackson-Massaro Coaching, LLC on the subject matter. You may also be subject to additional terms when using third-party software, content, links, or websites provided by Kim Jackson-Massaro Coaching, LLC. These Terms and any rights or licenses granted hereunder may not be assigned or delegated by you but may be assigned or delegated by Kim Jackson-Massaro Coaching, LLC without restriction. These Terms bind and inure to the benefit of each party and their successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Kim Jackson-Massaro Coaching, LLC. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and services. You agree that any agreements made electronically between you and us are as legally binding as if made in physical written form.
Notice to California Users: Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice to Users Outside the United States of America: The Site is controlled and offered by Kim Jackson-Massaro Coaching, LLC from the United States of America. Kim Jackson-Massaro Coaching, LLC makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local laws. You consent to the processing of your information in the United States of America.
Contact Us
If you have any questions about these terms and conditions, please contact us at:
Kim Jackson-Massaro Coaching, LLC
kjmassaro25@gmail.com
www.kimjacksonmassaro.com
