Chief
Coaching Terms of Service
Last Updated: Oct 9, 2026
Welcome to Chief. Please read these Terms of Service ("Terms") carefully. These Terms govern your access to and use of the services that Project 1972, Inc. d/b/a Chief (“Chief,” “we,” “us,” or “our”) provides (described below) and related content through our website(s) located at https://chief.com and through our mobile applications and related technologies (“Mobile Apps” and collectively, such Mobile Apps and the Site, the "Services").
By accessing, browsing or otherwise using the Services (including purchasing a coaching package (“Package”), registering for an account, or participating in the Services as either a Member/Client ("Customer") or as an independent contractor coach ("Coach")), you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. If you are entering into these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity (other than the references in this sentence and the following sentence). If you do not have such authority, you must not accept these Terms and may not use the Services on behalf of such entity.
We reserve the right, at our sole discretion, to change or modify portions of these Terms 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 last revised. You may read a current, effective copy of these Terms by visiting the “Terms of Service” link on the Site and under the “Legal — Terms of Service” section of our Mobile App. We will also notify you of any material changes, either through the Services user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Services.
IF YOU ARE ENTERING INTO THESE TERMS AS AN INDIVIDUAL, PLEASE READ THESE TERMS 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 (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST CHIEF ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Your Privacy: At Chief, we respect the privacy of our users. For more information please visit the “Privacy Policy” link on the Site and under the “Legal — Privacy Policy ” section of our Mobile App (the “Privacy Policy”). By using the Services, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
Additional Terms: In addition, when using certain features through the Services, you will be subject to any additional terms applicable to such features that may be posted on or within the Services from time to time. All such terms are hereby incorporated by reference into these Terms.
1. THE SERVICES & ROLE OF CHIEF
The Services are designed to connect professional executive and leadership coaches ("Coaches") with individuals or corporate sponsors seeking coaching services ("Customers"). Customers may purchase Packages and each Package includes a defined number of coaching sessions ("Sessions"), as described at the point of purchase.
- No Professional Advice: The Services provide professional development and executive coaching. Coaching is not therapy, counseling, medical advice, or legal/financial planning. Chief does not provide mental health services.
- Platform Modifications: Chief reserves the right to modify, suspend, or discontinue, temporarily or permanently, any part of the Services at any time without notice. You agree that Chief and its current and future affiliates (collectively, “Chief Affiliates”) will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
- User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Chief or to other users, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Services or by emailing or otherwise making available to other users of the Services (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Chief. Chief reserves the right to investigate and take appropriate legal action against anyone who, in Chief’s sole discretion, violates this provision, including removing the offending content from the Services, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Services to:
- email or otherwise upload any content that (a) infringes any intellectual property or other proprietary rights of any party; (b) you do not have a right to upload under any law or under contractual or fiduciary relationships; (c) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (d) poses or creates a privacy or security risk to any person; (e) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (f) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (g) in the sole judgment of Chief, is objectionable or which restricts or inhibits any other person from using or enjoying the Services or which may expose Chief’s or its users to any harm or liability of any type;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- violate any applicable local, state, national, or international law, or any rule, guidance, or regulations having the force of law (“Laws”);
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Services;
- circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Services, including through the use of virtual private networks;
- solicit business outside of the platform or attempt to circumvent Chief’s billing systems (e.g., Coaches and Customers agreeing to private engagements outside of Chief); or
- engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
If you are blocked by Chief from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
2. ELIGIBILITY, ACCOUNTS, AND SECURITY
To use the Services, you must be at least 18 years old and possess the legal authority to enter into these Terms. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are solely responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to (a) immediately notify Chief 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. Chief and Chief Affiliates will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. PURCHASE AND USE, AND REFUNDS
By purchasing, subscribing to or participating in Chief’s coaching programs, you agree to the following:
3.1. General Refund Restrictions
All sales are final. No refunds are issued for unused Sessions or time, except as explicitly outlined below. Unused Sessions cannot be rolled over past the expiration of the program term unless authorized in writing by Chief.
3.2. Sessions
Sessions are personal to you, are not transferable, and have no cash value. Sessions expire at the end of the program term applicable to your Package, which is either three (3), six (6) or twelve (12) months from the date of purchase depending on the Package purchased. The program term applicable to your Package is disclosed at the point of purchase and in your purchase confirmation. Sessions not used before the end of the program term are forfeited and are not refundable, except where Chief has authorized a rollover in writing or where applicable law requires otherwise.
3.3. Initial Session Satisfaction Guarantee
Chief offers a reactive, limited satisfaction guarantee for an initial Session with a Coach (the “Initial Session”):
- If a Customer is unsatisfied with Customer’s Initial Session only, a full refund may be extended reactively by Chief in its sole and reasonable discretion, provided (a) Customer officially leaves the Initial Session and (b) immediately contacts Chief support at [email protected] within 24 hours to provide notice of such dissatisfaction. Examples may include, the Coach fails to attend the Session, the Coach is no longer available, or other scenarios deemed to be unsatisfactory at the sole and reasonable discretion of Chief.
- Expiration: Once the Initial Session has concluded without complaint within 24 hours, or once a second Session is booked, the guarantee expires completely.
- Time Limit: The Initial Session must be scheduled and utilized within thirty (30) days of purchase to qualify for this guarantee.
3.4. Usage Windows
All Packages are defined as follows:
- Match Session Package: Two (2) thirty-minute introductory calls with coaches to assess mutual fit.
- Reset Package: Two (2), thirty-minute match sessions, three (3) sixty-minute coaching sessions, reasonable access to coach via phone or email in-between coaching sessions.
- Recalibrate Package: Two (2), thirty-minute match sessions, five (5) sixty-minute coaching sessions, access to the Hogan MVPI assessment, reasonable access to coach via phone or email in-between coaching sessions.
- Reinvent: Two (2), thirty-minute match sessions, ten (10) sixty-minute coaching sessions, access to the Hogan MVPI, HPI and HDS assessments, reasonable access to coach via phone or email in-between sessions.
- Add-On Packages: One (1) or Five (5) additional sixty-minute coaching sessions. AddOn Packages must be purchased with Reset, Recalibrate or Reinvent Packages.
All Packages are subject to the following usage periods, beginning on the date of purchase:
- Match Session Package: Sessions must be used within three (3) months of the date of purchase.
- Reset Package: Sessions must be used within six (6) months of the date of purchase.
- Recalibrate Package: Sessions must be used within six (6) months of the date of purchase.
- Reinvent Package: Sessions must be used within twelve (12) months of the date of purchase.
- 5-Session Add-On: Sessions must be used no later than six (6) months following the date of purchase or before the termination date of the applicable Reset, Recalibrate, or Reinvent Package, whichever date is later.
- 1-Session Add-On: Sessions must be used no later than one (1) month following the date of purchase or before the termination date of the applicable Reset, Recalibrate, or Reinvent Package, whichever date is later.
No Rollover: Sessions are non-cumulative. Any unused Sessions remaining at the end of the applicable usage period will expire automatically and will not roll over, carry forward, or be credited toward a future purchase.
Expiration: Upon expiration of the applicable usage period, access to any remaining Sessions will be revoked without further notice. It is the Customer’s sole responsibility to schedule and use all Sessions within the designated timeframe, beginning from the date of purchase.
No Extensions: Chief does not guarantee extensions to usage periods. Any exception to the usage window is at Chief's sole discretion and must be confirmed in writing.
Customer Attendance, Rescheduling, and Cancellations
- 24-Hour Notice Required: Customers must provide at least twenty-four (24) hours' advance notice to reschedule or cancel a confirmed Session or Match Session by emailing [email protected].
- Late Cancellations: If a Customer cancels or requests a reschedule less than 24 hours before the Session start time, the Session will be considered fully utilized and deducted from the Customer’s balance. No refunds or makeup Sessions will be granted.
3.5. Coach Attendance
- Coach Cancellation: Coaches must provide Customers with at least twenty-four (24) hours' advance notice if they need to cancel or reschedule a Session by emailing the Customer directly or informing the Chief team by emailing [email protected].
3.6. Repeated No-Shows
Chief maintains strict professional standards. Repeated absenteeism is managed as follows:
- Coach Repeated No-Shows: If a Coach fails to attend more than one (1) Session, the Coach will be immediately removed from the coaching engagement, unless the absence is due to a medical, personal, familial or other emergencies, in Chief’s sole and reasonable discretion. Depending on the specific circumstances of such absence and at Chief's sole discretion, a partial or full refund may be extended to the impacted Customer. Chief will also match the affected Customer with a new coach, and the Customer will receive one (1) credit for each no-show Session.
- Customer Repeated No-Shows: If a Customer fails to attend more than two (2) Sessions or logs more than two (2) late cancellations, the Customer may be reassigned to a new coach. No refunds will be issued for any remaining balance and no credits will be reinstated.
3.7. Poor Experience & Coach Matching
Chief offers sessions to provide Customers with the opportunity to evaluate Coach compatibility prior to committing to a Package (“Match Sessions”). Customers are strongly encouraged to utilize one or more Match Sessions to confirm that their selected Coach is the right fit before completing a Package purchase. By proceeding with a coaching Package purchase, Customers acknowledge that they were provided the opportunity to assess Coach compatibility through the Match Session process.
In the event that a Customer reports a poor experience or an incompatible match with their assigned Coach following the completion of a coaching Package purchase, Chief may, at its sole discretion, offer the option to transition to an alternative Coach. Because Customers are provided with the express opportunity to assess Coach compatibility prior to purchase through the Match Session process, no refunds, credits, or additional complimentary Sessions will be issued on the basis of coach incompatibility. Match Session packages are non-refundable.
Customers may acquire any number of Match Session Packages. However, regardless of the number of Match Sessions purchased, only one (1) Match Session package fee will be credited toward the purchase of a Reset, Recalibrate, or Reinvent Package. Such credit will be applied as a dollar-for-dollar offset against the applicable Package Fee (as defined below) at the time of Package purchase, and Customers forfeit the Match Sessions included in Reset, Recalibrate, or Reinvent Packages. No additional credit, refund, or offset will be applied for Match Sessions purchased in excess of one (1) Package, whether purchased individually or in aggregate. Customers are encouraged to review Package eligibility prior to purchasing multiple Match Sessions.
3.8. Coach Unavailability
In the event that an assigned Coach becomes unavailable long-term (due to illness, termination, departure from the platform, or other unforeseen circumstances), Chief will endeavor to find a suitable replacement Coach. If Chief is unable to provide a suitable replacement within a reasonable timeframe, a refund for any prepaid fees on the remaining unutilized Sessions will be granted to the Customer.
3.9. Add-On Packages
Customers may elect to purchase Add-On Session Packages consisting of either one (1) or five (5) additional Sessions. Add-On Session Packages may be purchased solely by Customers who have previously purchased a Reset, Recalibrate, or Reinvent Package, and may not be purchased on a standalone basis by Customers who have not purchased an underlying Reset, Recalibrate, or Reinvent Package.
4. PAYMENT
4.1. Scope
To the extent Customer purchase individual Packages from Chief, Chief will charge a Package Fee for such Package
4.2. Definitions
"Payment Method" means the credit card, debit card, digital wallet (including Apple Pay and Google Pay), bank account authorized for ACH debit, or third-party financing option that you designate to pay for a Package.
"Payment Processor" means Stripe, Inc. and its affiliates, which process card and ACH payments and settle funds to Chief.
"Billing Provider" means Chargebee, Inc. and its affiliates, which provide billing and payment management services to Chief.
"Package Fee" means the fee for the Package you select.
4.3. Fees
The Package Fee depends on the Package selected. The price displayed to you before you complete your purchase is the total amount that will be charged to your Payment Method. By completing a purchase, you agree to pay that amount.
Chief may change its Package Fees at any time. Any change applies only to purchases made after the change takes effect and does not affect a Package you have already purchased. Chief may waive or reduce any fee in its sole discretion, and doing so in one instance does not obligate Chief to do so in any other instance.
4.4. Taxes
You will be responsible for all taxes associated with the Services, other than taxes based on Chief’s net income. Package Fees are inclusive of all applicable sales, use, and similar taxes. The price displayed at checkout is the total amount you will be charged, and no additional tax will be added. You remain responsible for any fees charged to you by your bank or card issuer.
4.5. Authorization to Charge
You must provide a valid Payment Method that you are authorized to use. By providing a Payment Method and completing a purchase, you authorize Chief and its Payment Processor to charge that Payment Method for the full amount displayed at checkout, without further notice to you or further consent from you. You agree to keep your billing information accurate and to notify Chief promptly of any change to your billing address or Payment Method.
The additional terms in Sections 4.6 through 4.8 apply to specific Payment Methods.
4.6. Card and Digital Wallet Payments
If you pay by credit card, debit card, Apple Pay, Google Pay, or another digital wallet, your agreement with the card issuer, and where applicable your agreement with the wallet provider, governs that account and your rights and obligations with respect to it. You should refer to those agreements, and not to these Terms, to determine your rights and obligations in relation to those accounts. These Terms continue to govern your rights and obligations with respect to Chief and the Services.
A payment made through a digital wallet is funded by an underlying card or account that you have added to that wallet. Your agreement with the issuer of that underlying card or account continues to apply to the payment.
4.7. ACH Bank Debit Payments
If you elect to pay by bank transfer, the following applies.
(a) Authorization. You authorize Chief, through its Payment Processor, to initiate a one-time electronic debit (an "ACH Debit") from the bank account you designate, in the amount displayed to you at checkout, on or after the date you complete your purchase. This authorization is for a single debit and does not authorize recurring debits.
(b) Your account. You represent that you are an authorized signer on the designated account and that it is a consumer account held at a United States financial institution and capable of receiving ACH debits.
(c) Account verification. To verify your account, Chief and its Payment Processor may require you to authenticate through your financial institution or may initiate small verification deposits or debits. You authorize those verification transactions.
(d) Settlement timing. ACH Debits typically take three (3) to five (5) business days to settle. Chief may withhold access to the Package and its associated services until the ACH Debit has settled. If you require immediate access, select a card Payment Method.
(e) Revoking authorization. You may revoke this authorization by contacting Chief at [email protected] before the ACH Debit has been submitted for processing. Because the ACH Debit is initiated promptly after purchase, revocation may not be possible. Revocation does not relieve you of your obligation to pay the Package Fee, and Chief may require you to pay by an alternative Payment Method.
(f) Returned debits. If an ACH Debit is returned unpaid, Chief may re-initiate the debit as permitted by applicable network rules.
4.8. One-Time Purchases; No Automatic Renewal
Packages are one-time purchases. Chief will not automatically renew a Package and will not charge your Payment Method again after the purchase of such Package except with your affirmative consent to a new purchase, or to re-attempt a returned payment as described in Section 4.7(f).
4.9. Failed or Returned Payments
If payment for a Package is not received by Chief, or is returned or reversed after access has been granted, Chief may, at its sole discretion, suspend or terminate your access to the Package and any unused Sessions. Chief will notify you at the email address associated with your account before doing so and will give you a reasonable opportunity to pay by an alternative Payment Method.
4.10 How Refunds Are Issued
Refunds are issued to the original Payment Method. Chief cannot issue a refund to a different Payment Method, to a different account, or in cash. Refunds typically take five (5) to ten (10) business days to appear.
Nothing in this Agreement limits any refund or cancellation right you have under applicable law.
4.11 Payment Disputes
If you believe in good faith that you have been charged in error, or if you are reasonably dissatisfied with a Package, please contact Chief at [email protected] before disputing the charge with your bank or card issuer. Most issues can be resolved directly and more quickly. If a payment to Chief is reversed by way of chargeback, ACH return, or similar reversal, Chief may suspend your access to the Package and associated services while the dispute is pending.
4.12 Payment Data and Third-Party Providers; Payment Processing
Chief uses the Payment Processor and the Billing Provider to process and manage payments. By making a purchase, you authorize Chief to share with these providers the information reasonably necessary to complete and manage your transaction, including your name, contact information, billing details, and payment instructions.
The Payment Processor and the Billing Provider process payment information on Chief's behalf under contract with Chief.
CHIEF DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Services via bank account, credit card, or debit card, we use Payment Processor. These payment processing services are provided by Payment Processor and are subject to the Payment Processor terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the “Payment Processor Agreements”). By agreeing to these Terms, users that use the payment functions of the Service also agree to be bound by the Payment Processor Agreements, as the same may be modified by Payment Processor from time to time. You hereby authorize Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Services. Please contact Payment Processor for more information. Chief assumes no liability or responsibility for any payments you make through the Services.
4.13 Changes to Payment Providers
Chief may change, add, or remove payment processors, billing providers, financing providers, and payment options at any time. Chief will continue to handle your payment information in accordance with Chief's Privacy Policy and applicable law.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Chief Ownership: Chief and its licensors retain all right, title, and interest in and to the Services, including all software, text, graphics, logos, trademarks, and proprietary methodologies. The Chief name and logos are trademarks and service marks of Chief (collectively the “Chief Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Chief. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Chief Trademarks displayed on the Services without our prior written permission in each instance. All goodwill generated from the use of Chief Trademarks will inure to our exclusive benefit.
5.2 Service Content: You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and Laws. Except as expressly authorized by Chief, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Services in accordance with these Terms. Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited.
5.3 Third-Party Material: Under no circumstances will Chief or its affiliates be liable in any way for any content or materials of any third parties (including Coaches or Customers), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Chief does not pre-screen content, but that Chief and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Chief and its designees will have the right to remove any content that violates these Terms or is deemed by Chief, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
5.4 User Content: You represent and warrant that you own all right, title, and interest in and to your User Content, including all copyrights and rights of publicity contained therein. You hereby grant Chief and its affiliates, and their successors and assigns, a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content (including any name, username, voice, image or likeness incorporated therein or otherwise provided by you), in any form, medium or technology now known or later developed, (a) in connection with the operation of the Services; (b) to provide, develop and improve the Services and other offerings of Chief and/or its affiliates; and (c) as otherwise set forth in our Privacy Policy. You also agree that Chief may remove metadata associated with your User Content and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content. You assume all risk associated with your User Content and the transmission of your User Content and you have sole responsibility for the accuracy, quality, legality, and appropriateness of your User Content. If you are a Customer, any content provided to you by your Coach during the Sessions are solely for your personal, non-commercial and professional use only.
You hereby authorize Chief and its affiliates to collect and analyze User Content and other data and information relating to the Services and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). Chief and its affiliates may use Usage Data for any purpose in accordance with applicable Law and our Privacy Policy.
Any questions, comments, suggestions, ideas, feedback, reviews, testimonials or other information about the Service (“Submissions”), provided by you to Chief or any of its affiliates are non-confidential and Chief and its affiliates will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that Chief may preserve User Content and may also disclose User Content if required to do so by applicable law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable Law, or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Chief, its users, or the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
5.5 Mobile Services: The Services includes certain services that are available via a mobile device, including (a) the ability to upload content to the Services via a mobile device, (b) the ability to browse the Services and the Site from a mobile device, and (c) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Services 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.
5.6 Telephonic Communications Services: By using the Services and providing us with your telephone number(s), you are consenting to be contacted by Chief or its affiliates by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational, or another purpose, even if your telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or the internal Do Not Call List of Chief or its affiliates. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from Chief or its affiliates for marketing or solicitation purposes to purchase Chief’s products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Chief or its affiliates, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your Chief account information to ensure that your messages are not sent to a person that acquires your old telephone number.
There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
By reply to any text, SMS, or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation.
5.7 Mobile App License: Subject to these Terms, Chief hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Services. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms. Each instance of these Terms that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.
5.8 Ownership; Restrictions: The technology and software underlying the Services or distributed in connection therewith are the property of Chief, its affiliates, and its and their licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Chief.
5.9 Special Notice for International Use; Export Controls: Chief is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the Laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or reexported in violation of U.S. export Laws. Downloading, accessing, or using the Software or Services is at your sole risk.
5.10 Third-Party Distribution Channels: Chief offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.
Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
- Chief and you acknowledge that these Terms are concluded between Chief and you only, and not with Apple Inc. (“Apple”), and that as between Chief and Apple, Chief, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the AppleEnabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the AppleEnabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Chief’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Chief and you acknowledge that Chief, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Chief and Apple, Chief, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Chief as follows: [email protected]
13 E. 19th Street, New York, NY 10003 - You must comply with applicable third-party terms of agreement when using the AppleEnabled Software, e.g., your wireless data service agreement.
- Chief and you acknowledge and agree that Apple and Apple’s subsidiaries are thirdparty beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and Chief only, and not with Google LLC (“Google”); (b) your use of GoogleSourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Chief, and not Google, is solely responsible for Chief’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Chief’s Google-Sourced Software.
6. THIRD-PARTY SERVICES AND WEBSITES
The Services may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store, and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage, and disclosure of information related to you and your use of such Third-Party Services within the Services, please see our Privacy Policy. Chief has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Chief or any of its affiliates, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Chief enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Services are between you and the third party. Chief and its affiliates will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
7. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Chief and its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Chief Parties”), from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms, or your violation of any rights of another. Chief will provide notice to you of any such claim, suit, or proceeding. Chief reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Chief’s defense of such matter. You may not settle or compromise any claim against the Chief Parties without Chief’s written consent.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CHIEF PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE CHIEF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL THE CHIEF PARTIES’ TOTAL LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, CAUSES OR ACTIONS OR CLAIM ARISING UNDER THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO CHIEF IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
9. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CHIEF PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE CHIEF PARTIES MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. COACHING IS INTENDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. COACHING IS NOT MENTAL-HEALTH TREATMENT, MEDICAL CARE, LEGAL ADVICE, TAX ADVICE, INVESTMENT OR FINANCIAL ADVICE, OR OTHER LICENSED PROFESSIONAL SERVICES, AND NO PROFESSIONAL-CLIENT RELATIONSHIP IS CREATED WITH RESPECT TO ANY SUCH SERVICES. USERS SHOULD CONSULT AN APPROPRIATELY QUALIFIED PROFESSIONAL REGARDING MATTERS REQUIRING PROFESSIONAL ADVICE. CHIEF MAKES NO WARRANTY THAT THE COACHING WILL ACHIEVE SPECIFIC CAREER, FINANCIAL, OR PERSONAL OUTCOMES. COACHES MAY PROVIDE QUESTIONS, OBSERVATIONS, RESOURCES, AND RECOMMENDATIONS, BUT EACH CUSTOMER REMAINS SOLELY RESPONSIBLE FOR EVALUATING AND IMPLEMENTING ANY INFORMATION DISCUSSED DURING COACHING AND FOR ALL DECISIONS, ACTIONS, AND RESULTS ARISING FROM THOSE DECISIONS. COACHES ARE INDEPENDENT PROFESSIONALS AND ARE NOT EMPLOYEES, AGENTS, PARTNERS, OR REPRESENTATIVES OF CHIEF. EXCEPT FOR THE MATCHING, CREDENTIAL-VERIFICATION, AND OVERSIGHT PROCESSES EXPRESSLY DESCRIBED BY CHIEF, CHIEF DOES NOT CONTROL OR GUARANTEE A COACH’S STATEMENTS, RECOMMENDATIONS, OR SERVICE.
10. TERMINATION
Chief reserves the right, in its sole discretion, to terminate or suspend your account (or any part thereof) and access to and use of the Services at any time, with or without notice, for any reason, including your violation of these Terms or for conduct that Chief believes is harmful to other users or business interests. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. Chief may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Chief may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Chief and its affiliates will not be liable to you or any third party for any termination of your access to the Services.
11. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
12. DISPUTE RESOLUTION BY BINDING ARBITRATION – FOR USERS ENTERING INTO THESE TERMS AS INDIVIDUALS
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
12.1 Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” If you are entering into these Terms as an individual (as opposed to on behalf of an entity), you agree that any and all disputes or claims that have arisen or may arise between you and Chief, whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Chief are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
12.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND CHIEF AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CHIEF AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
12.3 Pre-Arbitration Dispute Resolution
Chief is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Chief should be sent to 315 Park Avenue South, 6th Floor, New York, NY 10010 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If Chief and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Chief may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Chief or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Chief is entitled.
12.4 Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Chief and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Chief agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
12.5 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Chief or you under the AAA Rules, Chief and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Chief will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Chief will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
12.6 Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
12.7 Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and NonIndividualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
12.8 Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, Chief agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Chief written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
13. DISPUTE RESOLUTION BY BINDING ARBITRATION – FOR USERS ENTERING INTO THESE TERMS ON BEHALF OF AN ENTITY
You and Chief intend that these Terms of Service are to be construed and enforced in accordance with the laws of the State of New York without regard to any conflict-of-law or choice-of-law rules, and that the rule of construction that provides that a document is construed against the maker thereof be inapplicable in the construction of any of the terms of these Terms. Any dispute, claim, or controversy arising out of or relating in any way to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined through confidential binding arbitration in New York, New York before one arbitrator. The confidential binding arbitration shall be administered by AAA pursuant to its Commercial Arbitration Rules, and you and Chief shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing. Judgment on the award may be entered in any court having jurisdiction.
14. USER DISPUTES
You agree that you are solely responsible for your interactions with any other user (including Coaches or Customers in connection with the Services, and Chief and its affiliates will have no liability or responsibility with respect thereto. Chief reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
14. MISCELLANEOUS
If you are a Customer, these Terms (together with the terms incorporated by reference herein) constitute the entire agreement between you and Chief governing your access and use of the Services, and supersede any prior agreements between you and Chief with respect to the Service. If you are a Coach, these Terms (together with the terms incorporated by reference herein) supplement any contractor or other services agreement you may have with Chief with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Chief submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of Chief to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of Chief, but Chief may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services. Chief will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Chief’s reasonable control.
15. Notice for California Users
If you entered into these Terms as an individual (and not behalf of an entity), the following applies: Under California Civil Code Section 1789.3, users of the Services from California 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 (a) via email at [email protected]; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Project 1972, Inc. d/b/a Chief, 13 E. 19th Street, New York, NY 10003, or book a call directly through our website.
16. U.S. Government Restricted Rights
The Services are made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).
Questions? Concerns? Suggestions?
Please contact the Chief Support Team at [email protected] 13 E. 19th Street, New York, NY 10003 to report any violations of these Terms or to pose any questions regarding these Terms or the Services.
© 2026 Project 1972 Inc. Coaching Terms of Service