Terms of Use
BizDevCoach® and New Day Dashboard terms of use as of 5-4-2020
Welcome to BizDevCoach® and New Day Dashboard (referred to as the apps).Terms of use. These Terms of Use govern your use of both web apps. By using the free trial version of the apps or using themt as a free trial registrant or subscriber, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to use either app. Kohn Communications may, from time to time, change these Terms of Use. Such revisions shall be effective immediately, unless otherwise stated. And you agree to to be bound by the new Terms of Use.
Disclaimers of Warranties and Limitations on Liability
The BizDevCoach® and New Day Dashboard are the product of Kohn Communications Inc. Kohn Communications, Inc. has licensed other entities to act act as a distributor of the product. All protections provided by you will be also provided by you to the licensors and distributors of the apps. This agreement will periodically use the term "We" to reference Kohn Communications, Inc., its licensors and distributors.The service and all content and software associated with it or any other features or functionalities are provided "As is" and "As available" with all faults and without warranty of any kind. Kohn Communications, Inc., its licensors and distributors do not guarantee, represent or warrant that your use of both apps will be uninterrupted or error free. To the extent permissible under applicable laws, in no event shall Kohn Communications, Inc. or its subsidiaries or any of their shareholders, directors, officers, employees, licensors or distributors be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this section may not apply to you. Nothing in these Terms of Use shall affect any non-waivable statutory rights that apply to you. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect
Data security. As a part of the service, Kohn Communications will store your data on a server that we consider safe and responsible. We will use our best efforts to limit access to your data by unauthorized third parties who may try to illegally access it. We cannot guarantee that we will be successful in thwarting the efforts of those who enter the system and therefore urge subscribers to limit the entry of data that if accessed might be harmful to anyone. Subscribers agree to hold Kohn Communications, Inc., its licensors and distributors harmless for any breach of security.
Data storage. We will use our best efforts to save the data that subscribers enter into our system. We cannot guarantee that the information will not be lost due to the failure of our systems or the failure of systems of our participating vendors or suppliers. Therefore we strongly urge our subscribers to save their data by saving a PDF of the information in the system on alternative backup systems such as your computer or external hard drive. Subscribers will hold Kohn Communications, Inc. harmless for any loss of data. In the event you cancel your subscription, the apps will no longer store your data. Be sure to print a PDF of your plan, to-dos and target worksheets prior to cancelling.
Subscription. Your subscription, which may start with a free trial, will continue month to month unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted credit card to use the apps. We will bill the monthly subscription fee to your credit card. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your credit card.
To-Do reminders. The system has the capability of sending you email reminders regarding your to-do’s. Kohn Communications cannot guarantee that all reminders will be sent to you. You agree to hold Kohn Communicatioins and its owners harmless for and damage or inconvenience you may experience due to a failure of the system to send you a reminder. We strongly recommend that you have an additional reminder system for any reminders are important to you.
Differing subscriptions. We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription with the apps by visiting our website and clicking on the "My Account" link. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
Free trials. Your subscription may start with a free trial. The free trial period of your subscription lasts for 30 days, or as otherwise specified. Free trials may not be combined with any other offers. Free trials are for new and certain former subscribers only. Kohn Communications reserves the right, in its absolute discretion, to determine your free trial eligibility. If, after the free trial period you decide to subscribe, we will begin billing your Payment Method for monthly subscription fees at the end of the free trial period. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service, as soon as you subscribe and provide us with your Payment Method. We will continue to bill your Payment Method on a monthly basis for your subscription until you cancel.
Recurring billing. By starting your app subscription, you authorize us to charge you a monthly subscription fee at the then current rate to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional or other offers, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
Price changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you or an announcement through the FYI section on the site.
Billing cycle. The subscription fee for our service will be billed at the beginning of the paying portion (first day) of your subscription and on the corresponding day of each following month thereafter unless and until you cancel your subscription. We reserve the right to change the timing of billing, in particular, as indicated below, if your Payment Method has not successfully settled. Your renewal date may change due to changes in your apps subscription. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.
Credit cards. You may edit your credit card information by visiting our website and clicking on the "My Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your credit card information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing your credit card as it may be updated. This may result in a change to your payment billing dates. For certain credit cards, the issuer of your credit card may charge you a foreign transaction fee or other charges. Check with your credit card provider for details.
Cancellation. You may cancel your app subscription at any time, and you will continue to have access to the apps through the end of your billing period. We do not provide refunds or credits for any partial-month subscription period. To cancel, go to the "My Account" page on our website and follow the instructions for cancellation.
No refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, we will use our best efforts to continue to store your data for a period of 30 days. In the event that we are unable to store your data, you will hold Kohn Communications, Inc. harmless for any loss or inconvenience you may experience. We strongly recommend that you continually store your data on your own system so that you will have access to it independent of the apps storage. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Updating. We will from time to time update the apps, including but not limited to testing various aspects of our service, including but not limited to updating our website, user interfaces, service levels and other features. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
Downtime. We will use our best efforts to keep the apps functioning on a 24/7 basis. However there may be times when the site is down and not accessible to the subscriber. Subscribers will hold Kohn Communications, Inc. harmless of any damage or inconvenience due to downtime. There are no refunds for downtime.
Seminars. Kohn Communications may at its discretion provide seminars for subscribers. The frequency is at the discretion of Kohn Communications. In the event that Kohn Communications fails to provide a scheduled seminar or chooses not to provide seminars, there is no refund due to the Subscriber.
Win/Win referrals
We want to promote the likelihood that subscribers will refer us to prospective subscribers. Therefore we are happy to provide an additional 30 days of full access to the service for both the referrer and the prospect under the following conditions. We are defining the person who receives an introduction from a current user as a "Prospect". We are defining the current subscriber who as making the referral to as prospect as a "Referrer". A prospect only qualifies for one extra 30 day access period. Once a prospect accepts a win/win referral, they are not entitled to additional free access if the are introduced by other referrers. The prospect agrees that they cannot change the referror of their account.The referrer agrees that we will notify the prospect of the name and email address of the referrer. The prospect agrees that BizDevCoach® will also reward the referrer 30 free days of additional full access to the service. The prospect agrees that BizDevCoach® will provide a report to the referrer the name and email address and the date of subscription of any prospects who become paid subscribers so the referrer can see that we have credited their account for the free access. If you have earned free months as an individual subscriber and and you convert to a group member, earned free months will be deferred until you leave the group. If you earn free months as a group member, they well be deferred until you leave the group. The purpose of providing the Win/Win program is to motivate the prospect for trying the service and then subscribing on a paid basis. Kohn Communications reserves the right to deny additional free access to any prospect if there is reason to believe that the prospect is abusing the intended privileges of the offer by using alternative email addresses or other identities or any other method. We reserve the right to limit, alter and/or terminate the policies of the Win/Win program at any time. There is no cash value to the free access. Unused portions do not qualify for a refund of any kind. We also reserve the right to cancel any free months that have been earned or provided. This cancellation is at our discretion for any reason and at any time.
Plan Pal. Plan Pal is a process of your working with someone to provide support in your business development. You are responsible for selecting your Plan Pal and Kohn Communications, Inc. or its licensors and distributors are not responsible for the relationship you develop. Our sole responsibility is to assist you in developing skills to provide support. Should you decide to send any information in your business development plan or any information about your targets that may appear in the plan or in the Target Worksheets, you do so at your own risk. We strongly encourage you to use the redacted version of the information you send. However, we do not guarantee that the redacted version will always successfully remove sensitive information. We are not responsible for any loss, difficulty or liability that may arise out of your sending the information in your BizDevCoach® collection of information to anyone. You agree to hold Kohn Communicatioins, Inc., its licensors and distributors harmless from any problems or liabilities of any kind that you may experience as a result of the actions of any person with whom you choose to work.
Advertising. Kohn Communications may provide space for advertisers on the site. We do not guarantee the quality of the offers of the advertisers and you agree to hold Kohn Communications, Inc. and its distributors and licensors harmless of any damages you may suffer as a result of using the services or products of our advertisers.
Announcements. Kohn Communications may make announcements in the FYI section to keep subscribers aware of issues that we consider important in business development, the use of the site or promotional purposes
Communication preferences. By using the apps, you consent to receiving electronic communications from Kohn Communications or the apps relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the apps. These notices may include information about your account (e.g., payment authorizations, change in password or Payment Method and confirmation and other informational e-mails) and are part of your relationship with Kohn Communications. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You are responsible for maintaining copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new app features and upgrades, special offers, promotional announcements and customer surveys via email or other methods.
Age requirement. You must be 18 years of age, or the age of majority in your province, territory or country, to become a subscriber of the apps. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
Title. The apps are for your personal and/or business use. During your subscription, we grant you a limited, non-exclusive, non-transferable, license to access the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
Your equipment. You will be accessing the apps through equipment over which Kohn Communications, Inc. has no authority or control. By using our service through that device, you agree to look solely to the entity that manufactured and/or sold you the equipment (e.g., computer, tablet, Smartphone) for any issues related to the device and its compatibility used to access the apps for any issues related to the equipment and its compatibility with the apps. If you fail to log out or deactivate your equipment, subsequent users may access the apps through your account and may be able to access your account information. Always log out of the apps when you are not in session.
Termination We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the apps.
Password responsibility The subscriber who created the apps account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the apps. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. The Account Owner is responsible for updating and maintaining the truth and accuracy of the information provided to us relating to your account.
Authorization to recognize you. In order to provide you with ease of access to your account and to help administer the apps, Kohn Communications implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the apps. You authorize Kohn Communications to store your data and program the software to enable us to recognize you.
Caution re accessing apps. Always access your sensitive account information by going directly to the apps and not through a hyperlink in an email or any other electronic communication, even if it looks official. Kohn Communications reserves the right to place any account on hold at any time with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Kohn Communications is not obligated to credit or discount a subscription for holds placed on the account by either a representative of Kohn Communications or by the automated processes of the apps.
Copyright. The apps, including all content provided on them, are protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
Trademarks. BizDevCoach® is a registered trademark of Kohn Communications, Inc., a California corporation.
Use of information submitted. Kohn Communications is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the apps, including thewebsite and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the apps. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Kohn Communications, Inc. and its licensors, distributors andaffiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you send.
Arbitration agreement. If you are a subscriber in the United States (including its possessions and territories), you and Kohn Communications, Inc. agree that any dispute, claim or controversy arising out of or relating in any way to the apps, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Kohn Communications, Inc. are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your subscription.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Kohn Communications, Inc. and you agree otherwise, any arbitration hearings will take place in Los Angeles, California.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with Kohn Communications, IInc. for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Kohn Communications, Inc. 419 North Larchmont Boulevard, No. 332, Los Angeles, CA 90004. You and Kohn Communications, Inc. agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Kohn Communications, Inc. agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or 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.
Restrictions. You agree to use the apps, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal and/or business use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the BizDevCoach® service without express written permission from Kohn Communications, Inc. or its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the apps; use any robot, spider, scraper or other automated means to access the BizDevCoach® service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the apps; insert any code or product or manipulate the content of the apps in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the apps.
Governing law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
Contact information.
Kohn Communications, Inc. 419 N Larchmont Blvd. #332. Los Angeles, Ca. 90004
info@kohncommunications.com
310 717 0998
