Living in the Red Enterprises LLC Financial Coaching
 Terms of Service

                                                                                               

Welcome, and thank you for your interest in Living in the Red Enterprises LLC, d/b/a Living in the Red and Rashida S. Thomas (“Living in the Red,” “we,” or “us”), and our financial strategy sessions, financial wellness intensives, coaching services, education services, online services, webinars, our website at www.rashidasthomas.com, our budgeting tools and Materials (as defined below), and other services provided by us (collectively, our “Services”). These Terms of Service are a legally binding contract between you and Living in the Red regarding your use of our Services. These Terms of Service constitute the entire agreement between you and Living in the Red and govern your use of the Services, superseding any prior agreements between you and Living in the Red with respect to the Services. 

                       

PLEASE READ THE FOLLOWING TERMS CAREFULLY. 

                       

BY CLICKING “PAY NOW” OR “REGISTER” OR “I AGREE” OR BY DOWNLOADING, INSTALLING, ATTENDING OR OTHERWISE ACCESSING OR USING OUR SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF OUR SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE OUR SERVICES. YOUR USE OF OUR SERVICES, AND LIVING IN THE RED’S PROVISION OF OUR SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY LIVING IN THE RED AND BY YOU TO BE BOUND BY THESE TERMS. 

                       

Acceptance of these Terms of Service. 

                       

THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

                       

You acknowledge that certain Services may be subject to additional terms and conditions or other online policies (collectively, "Additional Terms"). Your use of such Services constitutes your agreement to these Terms, and all applicable Additional Terms. 

                                                                                 
        

       

            
                                                            

The Services are offered and available to users who reside in the United States and are able to enter into binding contracts in the state in which they reside. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet the foregoing eligibility requirements. 

                       

Modifications to the Site or Services and These Terms. Living in the Red may, at any time in our sole discretion and without prior notice, (a) revise these Terms; (b) modify the Services; and (c) discontinue any part of the Services. We will announce material changes to these Terms and other Additional Terms, which will be reflected in the “Effective Date” set forth above. You further agree to review these Terms and other Additional Terms periodically to be aware of any revisions. 

                       

YOU MUST ACCEPT ANY REVISED TERMS OR REVISED ADDITIONAL TERMS BEFORE YOU WILL BE PERMITTED TO CONTINUE TO USE THE SERVICES. IF YOU DO NOT ACCEPT ANY REVISED TERMS OR REVISED ADDITIONAL TERMS, YOU WILL NOT BE PERMITTED TO CONTINUE TO USE THE SERVICES. ANY CONTINUED USE OF THE SERVICES AFTER REVISED TERMS ARE ISSUED CONSTITUTES YOUR AGREEEMENT TO THE REVISIONS. 

                                               
                                               

Ownership; Proprietary Rights; Restricted Use. Our Services are owned and operated by Living in the Red. The text, graphics, course materials, workbooks, worksheets, journals, publications, presentations, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of our Services (“Materials”) provided by Living in the Red are protected by intellectual property and other laws, namely trade secret, copyright, trademark, patent, or other intellectual property or proprietary intellectual property rights under United States and foreign laws. All Materials provided as a part of our Services are the property of Living in the Red or its third-party licensors. 

                                       
                                                            

When accessing or using the Services or Materials, you agree to comply with all applicable laws, rules, and regulations, as well as these Terms, and to respect the intellectual property rights of Living in the Red, including public performance limitations or other restrictions on use of the Services and Materials. Subject to these Terms and any Additional Terms, and with your purchase of financial strategy sessions, financial wellness intensives, coaching and education Services, we grant you a limited, personal, revocable, non- exclusive, non-transferable, and non-sublicensable license to access the Services and Materials for your personal, non-commercial purposes only. Except for the foregoing limited license, your use of the Services and Materials does not give you any rights or interest in any intellectual property rights in our Services or Materials. You agree not to use the Services or Materials for any other purpose. Living in the Red may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all Materials obtained through the Services, as well as copies of such materials, whether made in accordance with these Terms or otherwise. 

                                               
                                               

Living the Red asserts its trademark rights to “Living in the Red,” “Rashida S. Thomas,” “Financial Wellness Toolkit,” “Financial Wellness Intensive” and the Living in the Red logo, taglines, hashtags, wordmarks, and composite marks. You agree to refrain from using any Living in the Red trademarks without the express advance written permission of Living in the Red. 

                                   

       

                                                

User Content Generally. Certain features of our Services may permit users to upload content to or transmit content via our Services, including financial information, financial goals, data, text, and other types of works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you upload or transmit to our Services. 

                   

Limited License Grant to Living in the Red. By providing User Content to or via our Services, you grant Living in the Red a non- exclusive, royalty-free, perpetual, fully paid right and license to access and use that User Content as permitted by these Terms and the functionality of our Services. 

                                       
                                                            

Disclaimers; No Warranties. 

                       

LIVING IN THE RED AND ITS STAFF ARE NOT CERTIFIED FINANCIAL PLANNERS, FINANCIAL ADVISORS, MONEY MANAGERS, INVESTMENT CONSULTANTS, OR INVESTMENT ADVISORS. THE SERVICES AND ANY RECOMMENDATIONS, INFORMATION, MATERIALS, OR ADVICE MADE AVAILABLE PURSUANT TO THE SERVICES (COLLECTIVELY, THE “SERVICE CONTENT”), IS PROVIDED FOR INFORMATIONAL AND NON-COMMERCIAL PURPOSES ONLY. NONE OF THE SERVICE CONTENT SHOULD BE CONSTRUED AS PROFESSIONAL FINANCIAL ADVICE. SERVICE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE. 

                       

LIVING IN THE RED DOES NOT GUARANTEE THE RESULTS OF OUR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OR RELIANCE ON OUR SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH, AS ALLOWABLE TO THE EXTENT OF THE LAW. OUR SERVICES SHOULD NOT BE CONSTRUED AS A RECOMMENDATION OR OFFER TO SELL OR PURCHASE ANY PARTICULAR INVESTMENT.YOU ARE SOLELY RESPONSIBLE FOR USING YOUR OWN JUDGMENT TO ASSESS INFORMATION PROVIDED BY LIVING IN THE RED AND ITS STAFF IN CONNECTION WITH OUR SERVICES. LIVING IN THE RED EXPRESSLY DISCLAIMS ANY GUARANTEE OF RESULTS OR OUTCOMES OF ANY OF THE RECOMMENDATIONS OR ADVICE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OUR SERVICES AND SERVICE CONTENT. 

                       

OUR SERVICES AND SERVICE CONTENT AVAILABLE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. LIVING IN THE RED DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES AND ALL SERVICE CONTENT AVAILABLE THROUGH OUR SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. LIVING IN THE RED DOES NOT WARRANT THAT OUR SERVICES OR ANY PORTION OF OUR SERVICES, OR ANY SERVICE CONTENT OFFERED THROUGH OUR SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND LIVING IN THE RED DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. 

                                               
        

       

            
                                                            

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES OR ANY SERVICE CONTENT AVAILABLE THROUGH OUR SERVICES WILL CREATE ANY WARRANTY REGARDING LIVING IN THE RED OR OUR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF OUR SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. 

                       

HOWEVER, LIVING IN THE RED DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT LIVING IN THE RED IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. 

                       

Limitation of Liability. 

                       

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LIVING IN THE RED BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, OUR SERVICES OR ANY SERVICE CONTENT ON OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIVING IN THE RED HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. 

                       

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF LIVING IN THE RED TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF OUR SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO LIVING IN THE RED FOR ACCESS TO AND USE OF OUR SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $500.00. 

                       

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

                       

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO SERVICES AND CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 

                                               
        

       

            
                                                            

Mandatory Arbitration. You agree and understand that this paragraph is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act, satisfies the "writing" requirement of that act, applies to your use of the Services, and governs all claims, disputes, or controversies between you and Living in the Red, including but not limited to tort and contract claims, claims based upon any federal, state, or local statute, law, order, ordinance, or regulation, and claims over the applicability of this arbitration provision (collectively "Claims"). This paragraph can only be changed or terminated upon mutual agreement. 

                       

You understand and agree that all Claims will be resolved by final and binding arbitration using the American Arbitration Association's ("AAA") Commercial Arbitration Rules ("AAA Rules") in effect on the date of initiation of the arbitration, except as to those AAA Rules that conflict with or differ from these Terms, by one or more arbitrators appointed in accordance with said rules at a location within Dallas County, Texas. Any controversy concerning whether a dispute is arbitral will be determined by the arbitrator(s) and not by the court. In arbitration, as with a court, the arbitrator must honor the terms of these Terms (including any Additional Terms) and may award the prevailing party damages and other relief (including attorneys' fees). However, WITH ARBITRATION: (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. 

                       

Each party to the arbitration will have the right, at its own expense, to be represented by an attorney or other advocate of its own choosing. You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but, if applicable arbitration rules or laws require Living in the Red to pay a greater portion or all of such fees and costs in order for this paragraph to be enforceable, then Living in the Red will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator's decision must consist of a written statement stating the disposition of each claim of the dispute and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties. 

                       

NO CLASS ACTION MATTERS. You agree that disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party, such as class claims or private attorney general representative actions, with the exception of representative claims solely for injunctive relief brought under Texas unfair competition law. If any provision of this arbitration provision is deemed unlawful, void or unenforceable, that provision will be severable from the remainder of this paragraph, which will remain fully enforceable. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM FOR ALLEGED DAMAGES ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION. 

                       

Governing Law. The Terms will be governed pursuant to the laws of the State of Texas and will be construed in accordance with the laws of the State of Texas without regard to its conflict of law principles. You hereby warrant and represent that you in all respects are qualified and competent to enter into these Terms. You and Living in the Red submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Dallas County, Texas for resolution of any arbitration, lawsuit or court proceeding permitted under these Terms. The parties acknowledge that these Terms evidence a transaction involving interstate commerce, and as stated above, you agree and understand that Federal Arbitration Act governs arbitration under these Terms. Collectively, these 

                                               
        

       

            
                                                            

Terms constitute a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, will not apply to these Terms. At no point will the United Nations Convention on Contracts for the International Sale of Goods govern these Terms or the rights and obligations of the parties under these Terms. 

                       

Geographic Restrictions. The Services are intended for access and use within the United States only. The Services are not intended for or directed to citizens, domiciles, or residents of the European Union. Accordingly, our website and web-based services comply with applicable United States privacy laws. By accessing the Services, you affirm that you are not a citizen, domicile, or resident of the European Union. 

                       

Your Email Address. Living in the Red does not sell or share your email address to third parties, except to deliver any services you have requested. Unsubscribing from any email list does not necessarily unsubscribe you from other email lists within Living in the Red. 

                       

General Payment Terms. Certain features of our Services may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. 

                       

Prohibited Conduct. BY USING OUR SERVICES, YOU AGREE NOT TO: 

                       
  1.                             
  2.                                 

    use our Services for any illegal purpose or in violation of any local, state, national, or international law; 

                                
  3.                            
  4.                                 

    violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party 

                                
  5.                         
                       

intellectual property right; 

                       

c. interfere with the operation of our Services or any user’s enjoyment of our Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of our Services; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide our Services; 

                       

d. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; 

                       

e. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Services or Materials; or 

                                               
        

       

            
                                                            

f. attempt to do any of the acts described in this in paragraph or assist or permit any person in engaging in any of the acts described in this paragraph. 

                       

Indemnity and Release. To the fullest extent permitted by law, you agree to release, indemnify and hold Living in the Red and its affiliates and their officers, employees, directors and agents harmless 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, User Content or your connection to the Services, your violation of these Terms or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. 

                                               
                                               

Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding our Services or to receive further information regarding use of our Services. 

                                       
                                                            

Notice and Comments. We may provide you with notices, including those regarding changes to these Terms by email or regular mail or postings on our website. All notices and comments to us must be made in writing and mailed to: 

                       

Living in the Red Enterprises LLC 401 Tom Landry Hwy, #224191 Dallas, TX 75222 

                       

Suspension and Termination. We may suspend, terminate or otherwise restrict your use or access to the Services, without compensation or notice if you are, or if we suspect that you are, (a) in violation of any of these Terms, or (b) engaged in illegal or improper use of the Services. 

                       

Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. 

                       

Assignment. These Terms are personal to you, and you may not transfer, delegate, or assign these Terms to anyone. Any attempt by you to assign or delegate these Terms will be null and void. Living in the Red may assign these Terms at its sole discretion. 

                       

No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms. 

                                               
        

       

            
                                                            

Waiver. No failure of either party to exercise or enforce any of its rights under these Terms will act as a waiver of such rights. 

                       

Entire Agreement. These Terms and other applicable Additional Terms constitute the entire agreement between you and Living in the Red in connection with your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter contained herein. 

                       

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.