Terms of Service 

Last Modification: February 5th, 2025

These Terms of Service (this “Agreement”) apply to your use of the services provided by Coach Michelle Hong LLC (“Coach Michelle Hong”, “we”, “us”, or “our”) at our websites located at https://coachmichelleacademy.thinkific.com/courses/cma-stretch-edition and https://coachmichelleacademy.thinkific.com/courses/cmamembership (collectively the “Sites”). The Sites and services provided therein, including Coach Michelle Academy courses and consultations (collectively the “Services”), are provided by Coach Michelle Hong. Visitors to and users of our Services (collectively “you”) should read this Agreement carefully. Your access to and use of the Services constitute your acceptance of and agreement to all of the terms and conditions of this Agreement and to our Privacy Policy (the “Privacy Policy”) and thus creates a contractual relationship between you and Coach Michelle Hong.  

Age Requirements & Consent

Your access to and use of the Services constitute your acknowledgment that you are at least eighteen (18) years of age, or the age of majority in the jurisdiction in which you are accessing the Sites from, and that you have read, understood, and agree to be bound by the terms of this Agreement.  If you object to anything in this Agreement, you do not have permission to access or use the Services. 

If you are under the age of 18 (or the age of majority in your jurisdiction), you must have your parent or legal guardian’s permission to access and use our Services.  Please have your parent or legal guardian read this Agreement with you.  If you are a parent or legal guardian, and you allow your child to use our Services, then this Agreement is applicable to you, and you are responsible for your child’s activity using our Services and ensuring your child’s compliance with the terms and conditions of this Agreement. 

Modifications 

We may modify the terms of this Agreement, our Privacy Policy, or our pricing structure periodically and at our discretion. When we update this Agreement, we will notate the date of its most recent modification. Any such modifications will be effective upon the posting of the modifications to the Sites. Your continued access to and use of the Services, after such modification has occurred, constitutes your acceptance of an agreement to be bound by the Agreement as so modified. Should you disagree with any part of this Agreement, your sole recourse is to immediately discontinue use of the Services.

License to Use

Your right to use the Services is subject to your compliance with this Agreement.  Conditioned upon such compliance, Coach Michelle Hong grants you a limited, revocable, non-sublicensable, non-exclusive, non-transferable license to use our Services, solely for your personal, non-commercial use. 

Proprietary Rights 

The Services consist of and contain information and materials (including but not limited to instructional information such as lesson plans, techniques, choreography, training guides, or any other text, graphics, displays, logos, images, video, and audio) owned and controlled by or licensed to Coach Michelle Hong.  We retain all proprietary rights and interests in the Services and all content available on or through it.  Unless we give you express written permission to the contrary, you may not copy or create derivative works of our Services for any reason. Any unauthorized use of our intellectual property (including but not limited to copying, republication, redistribution, or creation of derivative works of our Services, including by caching, framing, mirroring, or any similar means) is expressly prohibited.  

Accounts

Access to certain Services (such as Coach Michelle Academy courses and consultations) is only available to registered users via an account you create through our Sites (your “Account”). When you register to use our Services (other than through social media and third-party login), we ask that you provide us with your email address, and that you choose a username and password for your Account. You must ensure the email address that you provide us is valid and remains so. Your email address and any other information you provide about yourself will be handled in accordance with our Privacy Policy

It is your sole responsibility to monitor the activity that occurs under your Account, as you will be solely liable for all such activity.  It is thus your sole responsibility to maintain the confidentiality of your Account login information.  You agree not to allow any other person to use your Account to access or use the Services.  We cannot and will not be liable for any harm which may occur should your Account become compromised as a result of your disclosure of your Account information, or because you have allowed another person to access or use your Account. Any unauthorized use of your Account or any breach of security thereof must be immediately reported to Coach Michelle Hong. 

Payment Terms & Cancellation Policy

ALL SALES ARE FINAL! Sales for Coach Michelle Academy courses and consultations are FINAL, and we do not offer refunds or course changes of any kind (including date, time, and course).  We are unable to offer any exceptions.  Please be sure you have selected the right course and that you can make the class time you sign up for prior to completing your purchase.  We appreciate your understanding. 

We reserve the right to modify our Services and/or the pricing structure for such services from time to time, in our sole discretion, without notice, including, but not limited to adding, removing, or modifying portions of our Services.  If you object to any such changes, you may not access or use the Services. Continued use of our Services constitutes your acknowledgment and acceptance of such changes. 

You agree that we may use third-party service providers to process all payments, subject to our Privacy Policy and to the extent permitted by applicable law. 

Use of Service & Restrictions

Coach Michelle Hong is committed to keeping our Sites safe and spam free, although we cannot guarantee it.  To help us with this goal, you agree not to (and not to allow any third party to): 

- Use any code, software, or process that interferes with the Services in any way;

- Use our Services for any unlawful purpose;

- Solicit another user’s Account information or otherwise attempt to use or access an Account that does not belong to you;

- Transmit anything that is abusive, threatening, defaming, intimidating, harassing, indecent, profane, obscene, hateful, racist, or otherwise objectionable to the rights of others;

- Use a robot, spider, or other manual or automatic device or process to access the Services or “deep-link”, data-mine, scrape, “crawl” or copy any Coach Michelle Hong content without our express written permission;

- Attempt to gain unauthorized access to any portion or feature of the Sites, any other systems or networks connected to the Sites, any Coach Michelle Hong server, or to any of the Services offered on or through the Sites, including by hacking, password “mining” or any other similar means; 

- Collect the email address or usernames associated with user Accounts;

- Remove or alter in any way any copyright, trademark, or other proprietary information belonging to Coach Michelle Hong;

- Modify, make derivative works of, disassemble, decompile, or reverse engineer any part of the Services, except as may be permitted by applicable law;

- Distribute, rent, lease, license, sell, transfer, publicly display or perform, transmit, stream, broadcast, or otherwise commercially exploit the Services; or 

- Access the Services in order to build a similar or competitive service or product. 

Coach Michelle Hong may suspend your use of the Services or may terminate this Agreement without notice or explanation.  We may suspend your access to the Services or your Account if we believe you have violated any term in this Agreement.  You agree that we shall not be liable to you for termination of this Agreement, or for any damages which may result from termination of this Agreement. 

User Content

Coach Michelle Hong may allow its users to post content to our Sites.  “User Content” is the content that you post or disseminate using our Services.  You are responsible for the User Content that you post, and you retain all rights in such content. However, by providing User Content to us, you grant us a worldwide, perpetual, transferable, irrevocable, royalty-free license.  This license gives us the right to sublicense, use, copy, create, modify derivative works of, distribute, publicly perform, publicly display, and otherwise use, in any manner your User Content without consent from, or further notice to you and without payment to you or any other person or entity. 

Disclaimers

PARTICIPATE AT YOUR OWN RISK. Although the Services are suitable for most people, you understand that there are risks of physical injury associated with, arising out of and inherent to the activity of ice skating, off-ice training, stretching, and fitness.  While we take reasonable care in developing the Services, including conducting the Coach Michelle Academy courses, we accept no responsibility of any kind for injury or loss that you may experience.  You knowingly and voluntarily agree to assume all risks in connection with your access to, use of, or participation in the Services and agree to release, hold harmless, and discharge Coach Michelle Hong and its affiliates, contractors, interns, employees, representatives, agents, partners and licensors from any and all liability and claims, including but not limited to personal injury, death, emotional distress, loss, or damages, known or unknown, foreseen or unforeseen, which you may incur as a result of accessing, using, or participating in the Services. You are responsible for ensuring, and you represent and warrant that you are, physically and mentally capable to access, use, or participate in the Services, including participation in the Coach Michelle Academy courses and that you have no medical or psychological condition that would make you unsuitable to access, use, or participate in the Services.  As always, consult your physician before beginning any fitness routine. 

YOUR USE OF THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK.  OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.  

WE MAKE NO REPRESENTATION OR WARRANTY TO YOU OR ANY THIRD PARTY THAT OUR SERVICES: (1) WILL BE AVAILABLE IN AN ERROR-FREE, UNINTERRUPTED, SECURE, OR TIMELY MANNER; (2) WILL MEET YOUR OR ANY THIRD PARTY’S SPECIFIC NEEDS OR REQUIREMENTS;  (3) WILL MEET YOUR OR ANY THIRD PARTY’S EXPECTATIONS; OR (4) WILL BE FREE FROM VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE. 

WE ARE NOT RESPONSIBLE AND ASSUME NO LIABILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND WE WILL BE IN NO WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. 

WE CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION PROVIDED BY YOU WILL NOT BE INTERCEPTED, MISAPPROPRIATED, DELETED, DESTROYED, OR USED BY OTHERS. 

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. 

WE ARE NOT LIABLE FOR ANY DAMAGES YOU SUFFER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES.  

THE SITES MAY CONTAIN LINKS TO OTHER WEBSITES.  WE HAVE NO CONTROL OVER THOSE WEBSITES AND CONTENT, AND WE ACCEPT NO RESPONSIBILITY FROM YOUR USE OF THOSE LINKS AND ANY DAMAGES YOU MAY SUSTAIN AS A RESULT. 

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COACH MICHELLE HONG LLC, ITS AFFILIATES, CONTRACTORS, INTERNS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS AND LICENSORS SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INJURY, LOSS, CLAIM OR DAMAGES (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES) WHETHER FORESEEN OR UNFORESEEN INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST REVENUE OF BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS OR USE OF THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Coach Michelle Hong LLC and its affiliates, contractors, interns, employees, representatives, agents, partners and licensors from and against all claims, losses and expenses, including but not limited to attorneys’ fees, arising out of, related to, or attributable to 1.) your use of the Services; 2.) your breach of this Agreement; 3.) your violation of any rights of a third party, including but not limited to any copyright, intellectual property or privacy right; 4.) your violation of any applicable laws or regulations; 5.) negligence; 6.) willful misconduct; and 7.) any third-party claims or damages relating to personal injury, death, or emotional distress arising from or related to use of the Services.  This defense and indemnification obligation will survive the termination of this Agreement and your use of the Services. 

If you are a California resident you hereby waive California Civil Code § 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You hereby waive the law, regulation, or code of any other state that has the same or similar intent or effect as the aforementioned release. 

Arbitration

For any dispute, claim or cause of action you may have with Coach Michelle Hong, you agree to first contact us to attempt to resolve the dispute informally.  If we have been unable to resolve the dispute with you informally, we each agree to resolve any disputes, claims, controversies or causes of action arising out of, relating to, or in connection with, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services, exclusively by binding and confidential arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“AAA Rules”) and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The arbitration shall take place in San Jose, California before a single neutral arbitrator appointed in accordance with the AAA Rules.  The AAA Rules are available at https://www.adr.org/sites/default/files/CommercialRules_Web.pdf or by calling the AAA at 800-778-7879.  Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law.  

YOU REPRESENT, WARRANT, AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS SECTION REGARDING ARBITRATION, AND THAT YOU UNDERSTAND AND ACKNOWLEDGE that we are GIVING UP OUR RIGHT TO GO TO COURT to assert or defend our rights. Our rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.  We are entitled to a fair hearing, but the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.  Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.   

ALL ARBITRATIONS SHALL BE CONDUCTED AND RESOLVED ON AN INDIVIDUAL BASIS AND NOT A CLASS-WIDE, MULTIPLE PLAINTIFF OR SIMILAR BASIS.  NO ARBITRATION SHALL BE CONSOLIDATED WITH ANY OTHER ARBITRATION PROCEEDING INVOLVING ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COACH MICHELLE HONG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. 

Choice of Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law provisions.  Any dispute, claim, or cause of action which may arise between you and Coach Michelle Hong LLC (not subject to arbitration) shall be brought exclusively in the state or federal courts located in San Jose, California, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.  You agree to submit to the personal and exclusive jurisdiction in Santa Clara County for the purpose of litigating all such disputes.  

Privacy

Coach Michelle Hong collects certain information about the users of our Services.  Collection of this information is governed by our Privacy Policy, which may be accessed here. Please review our Privacy Policy for information about how we use, collect, and disclose your data.  You understand that your use of the Services constitutes your agreement to our use and collection of such data and information (as set forth in the Privacy Policy). 

Copyright Infringement

Coach Michelle Hong respects the intellectual property of others, and we ask that you do the same.  We have processes in place to address allegations of copyright infringement. If you suspect that your copyrights (or the copyrights of others) are being infringed upon, please contact us via email at [email protected]. All such notices must comply with the requirements outlined in the Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3) for further details) or it will be returned to the sender unprocessed. 

Entire Agreement

This Agreement, together with our Privacy Policy, constitute the entire agreement and understanding between us, and supersede all other prior understandings or agreements, whether oral or written between you and us. 

Severability

If any provision of this Agreement is found or deemed to be unenforceable, unlawful, or void by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unenforceable, unlawful, or void, and the remaining provisions of this Agreement shall remain in full force and effect. 

California Notice

In accordance with California Business and Professions Code § 17538 et al., residents of California are hereby advised: 

Coach Michelle Hong LLC is the provider of the Services on these Sites.  Although we reserve the right to begin charging for use of all or any portion of the Services, the only current charges to the consumer imposed by us are the costs of products or services (ie: Coach Michelle Academy courses and consultations) purchased on or through the Sites and any applicable taxes associated with such purchases. Our return policy for Coach Michelle Academy courses is contained in this Agreement and is also available in our Frequently Asked Questions section here and here. The legal name under which we conduct our business is Coach Michelle Hong LLC, and our business address is 2066 N Capital Ave #1168, San Jose, CA 95132. Within five (5) days of our receipt of your request, California residents may receive verification of this information by email by contacting us at [email protected]

Miscellaneous 

This Agreement, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void and of no force and effect. 

This Agreement is not intended to and does not in fact create any employment, partnership, joint venture or agency relationship of any kind between you, Coach Michelle Hong, or any third party 

Any failure by us to enforce or exercise a right provided in this Agreement is not a waiver of that right.