Hundred Public Safety, Inc. (“PERFORMANCE PROTOCOL,” “we,” “us,” “our”) provides its services (as described below) to you through its website located at www.performance-protcol.com(the “Site”) and related services (collectively, such services, including any new features, functions and applications, the Mobile Services (as defined herein) and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service” or “Terms”). “You” and “your” refer to you, a User of our Services. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you of any changes through a user interface of the Services, in an email notification and/or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PERFORMANCE PROTOCOL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. If you use any of our Services, then you agree to be bound by these Terms and agree that you: (i) have read and understood these Terms; (ii) are at least eighteen (18) years old and have the legal authority to accept these Terms; and (iii) agree to be legally bound by these Terms. If you do not want to be bound by these Terms or if you do not agree to these Terms, then you cannot use or access our Services. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND PERFORMANCE PROTOCOL. In addition, when using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at Privacy Policy page. All such terms are hereby incorporated by reference into these Terms of Service.
Services Description:
The Service includes a platform connecting people seeking life-coaching services (“Clients”) to our community of talented, professional independent life coaches (“Coaches”) (Clients and Coaches are collectively referred to as “Users”) to obtain online (through video conference or otherwise) life coaching services (“Consultations”).
PERFORMANCE PROTOCOL is not a healthcare provider. Our Coaches are not healthcare providers, counselors, or social workers. PERFORMANCE PROTOCOL and its Coaches will not provide any form of treatment, advice, consultation, or other services relating to any medical, psychiatric, therapeutic, or related discipline.
If you require healthcare, mental health services, counseling, therapy, or social services, you are advised to contact an appropriate licensed professional.Please be advised:
Although PERFORMANCE PROTOCOL administers the Service and establishes certain terms for certain Consultation packages offered through the Service (including package features, time units, pricing and options), PERFORMANCE PROTOCOL is not otherwise a party to the Consultations or any other transactions that may take place between Clients and Coaches, and PERFORMANCE PROTOCOL is not involved in, and is not responsible for the actions, inactions, advice, recommendations or performance of any services provided by Coaches.The Coaches are independent service providers. Additionally, while PERFORMANCE PROTOCOL facilitates Consultations, PERFORMANCE PROTOCOL is not responsible for such Consultations or any other services rendered. PERFORMANCE PROTOCOL does not control the performance of any service by Coaches or any claims made by Coaches about the services they may offer, nor does PERFORMANCE PROTOCOL guarantee or endorse the truth or accuracy of any representations made by Coaches, the ability of Coaches to provide the Consultation or services as claimed by Coaches (even if through the Service) or the ability of Clients to pay for Consultations or any services offered by Coaches.Coaches have the ability to direct the manner in which they perform their Consultations and services with Clients, including any related content provided or used therewith. Clients and Coaches (and not PERFORMANCE PROTOCOL) bear all risks and liabilities associated with any Consultations or other transactions between them.PERFORMANCE PROTOCOL assumes no responsibility, and may not be held liable, for any harm or damages resulting from its Coaches’ actions, inactions, advice, recommendations, or the performance of any services provided by Coaches. Different sections of the Site and Terms of Service affect Coaches and Clients differently, so please be sure to read these Terms carefully.
Relationship of Users:
All Users acknowledge and understand that PERFORMANCE PROTOCOL is not a provider of healthcare, counseling or social services to, nor is it an employer, broker, agent or insurer of, any Users of the Service.PERFORMANCE PROTOCOL’s acceptance of a Coach to the Service should not be construed as or otherwise deemed an endorsement or promotion of such Coach, and such acceptance is in reliance on the Coach’s representation and warranty to PERFORMANCE PROTOCOL of the accuracy of information submitted by such Coach.As the Service solely provides a platform and tools for Users to communicate with potential transaction partners, any such transactions are made by all Users at each User’s own risk.
Independent Contractor Relationship:
Notwithstanding anything to the contrary herein, each Coach is an independent contractor and is not an employee, agent, partner or joint venturer of PERFORMANCE PROTOCOL or any other User. Coaches have no authority to, and shall not bind nor attempt to bind PERFORMANCE PROTOCOL or any other User to any contract.Nothing in these Terms shall be interpreted or construed as creating or establishing a relationship of employer and employee between PERFORMANCE PROTOCOL and any Coach, or between PERFORMANCE PROTOCOL and any user.As an independent contractor, each Coach is solely responsible for which Client Consultations such Coach will choose to accept and the manner in which such Consultations are ultimately performed by the Coach. PERFORMANCE PROTOCOL will provide no supervision over any Consultations performed by a Coach.Further, except for the Software, each Coach must provide all equipment, tools, material and labor that may be necessary to perform the Consultations. PERFORMANCE PROTOCOL will not provide a Coach with any equipment, tools, material or labor to perform the Consultations and will only (subject to the terms and condition stated herein) provide Coaches and Clients with access to the PERFORMANCE PROTOCOL platform for purposes of enabling Coaches to schedule and accept (if a Coach so chooses) Client Consultations and engage in incidental, related activities (if a Coach so chooses).Clients and Coaches shall not be eligible to participate in any employee benefit plans, fringe benefit programs, group insurance arrangements or similar programs offered by PERFORMANCE PROTOCOL. PERFORMANCE PROTOCOL shall not provide disability insurance, Social Security or unemployment compensation coverage or any other statutory benefit to Coaches.
Your Registration Obligations:
You may be required to register an account with PERFORMANCE PROTOCOL in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form.Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years of age, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Member Account, Password and Security:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account.
You agree to:
(a) immediately notify PERFORMANCE PROTOCOL of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session when accessing the Service.PERFORMANCE PROTOCOL will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service:
PERFORMANCE PROTOCOL reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.You agree that PERFORMANCE PROTOCOL will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.General Practices Regarding Use and
Storage:
You acknowledge that PERFORMANCE PROTOCOL may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on PERFORMANCE PROTOCOL’s servers on your behalf.You agree that PERFORMANCE PROTOCOL has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.You acknowledge that PERFORMANCE PROTOCOL reserves the right to terminate accounts that are inactive for an extended period of time.You further acknowledge that PERFORMANCE PROTOCOL reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services:
The Service includes certain services that are available via a mobile device, including:
(i) the ability to upload content to the Service via a mobile device, and
(ii) the ability to browse the Service and the Site from a mobile device (collectively, the “Mobile Services”).
To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.By using the Mobile Services, you agree and are consenting to be contacted by PERFORMANCE PROTOCOL about the Services and its other services and products by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or other means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company.
You do not have to agree to receive such communications as a condition of getting any services or products from PERFORMANCE PROTOCOL. You always have the option to opt-out of receiving communications from PERFORMANCE PROTOCOL.In the event you no longer want to receive communications from PERFORMANCE PROTOCOL, you agree to notify us directly. You can opt-out of various contact methods by contacting us at info@hundredlifedesign.com.
As a Coach, you agree to provide PERFORMANCE PROTOCOL with the necessary information requested in order for PERFORMANCE PROTOCOL to match you to a Client, such as information on your background, experience and skills, contact details and your photo.PERFORMANCE PROTOCOL reserves the rights to use, reproduce, republish and/or modify your uploaded photos for PERFORMANCE PROTOCOL marketing and advertising purposes.In order for PERFORMANCE PROTOCOL to provide its Services and to facilitate Consultations, you agree to also provide PERFORMANCE PROTOCOL with up-to-date, complete and accurate information regarding the days and times you are available to provide Consultations and agree to ensure that such information remains accurate and current at all times.Notwithstanding the foregoing, PERFORMANCE PROTOCOL will not dictate the schedule or time of any Consultation of any Coach.As a Coach, once a Client requests your services, you have the right to turn down the job or request, but PERFORMANCE PROTOCOL has sole discretion to determine if such refusal will harm your ability to be matched with Clients through the Service in the future.PERFORMANCE PROTOCOL has sole discretion as to which Coaches are accepted into the marketplace and we reserve the right to reject any potential Coach and remove any Coach from the marketplace for any reason. PERFORMANCE PROTOCOL may conduct background checks on Coaches.
Scope of Services:
As a Coach, you are permitted to provide life coaching services only to Clients. You are prohibited from providing any form of healthcare, mental health services, counseling, therapy, or social services of any kind. You are prohibited from performing any service for which a license is required.If a Coach becomes aware that the nature of any advice or service requested by a Client would violate the scope of services stated above, the Coach agrees to immediately end the respective Consultation and, if reasonably necessary, refer the Client to an appropriate professional resource – such as a licensed counselor, social worker or healthcare provider.As a Coach, you agree to only provide Consultations on topics you are qualified to provide based on your past experiences, certifications and performance during an interview with a PERFORMANCE PROTOCOL representative.Consultations may only take place on the Site using the video software provided by PERFORMANCE PROTOCOL. Coaches are prohibited from recording Consultations through audio, video or other means.
Coaches are responsible for obtaining their own technical equipment (computers, smartphones, WiFi, etc.) and ensuring such equipment meets the requirements set forth in the Technical Manual www.hundredlifedesign.com/technicalmanual.Coaches are also responsible for obtaining their own insurance, if they choose to do so.
Reporting Duties:
Coaches must comply with all applicable reporting obligations as required by law.Additionally, and as more fully set forth in the Reporting Duty (Exceptions to Confidentiality) document, Coaches are required to report:
(1) any known or suspected child abuse, abandonment, neglect, or endangerment; and
(2) any imminent and credible threat of physical danger to the Client or another person.Coaches agree to read and follow the PERFORMANCE PROTOCOL manuals and guidelines www.performance-protcol.com/lifedesigners/manuals (collectively, the “PERFORMANCE PROTOCOL Manuals”):
(1) the Operations Manual,
(2) the Technical Manual,
(3) the Presentation Manual,
(4) and all updates to the foregoing, and similar documents provided by us by email.
The PERFORMANCE PROTOCOL Manuals are hereby incorporated into these Terms by reference.
EACH COACH IS SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS, CERTIFICATIONS, AND OTHER PERMISSIONS REQUIRED TO OFFER OR PROVIDE CONSULTATIONS OR OTHER COACH-PROVIDED SERVICES AND PERFORMANCE PROTOCOL ASSUMES NO RESPONSIBILITY FOR A COACH’S FAILURE TO OBTAIN SUCH PERMITS, CERTIFICATIONS, OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.