Gifted Vault Community Terms of Service

Gifted Vault Community Terms of Service

Terms of Service and Group Confidentiality Agreement:

Your 12-month annual subscription includes audio recordings on Monday (called Magnificent Monday) and Friday (called Fortune Friday). These recordings will provide inspiration, encouragement, and opportunities for self-reflection. To access the community, you will need to download the Marco Polo app which provides a free sign-up option. Although we do not provide coaching in the Marco Polo group, the audio recordings are for the purpose of inspiring you to take action from the designated inspirational lesson given that week.

 

The Gifted Vault Community is a group inspirational program, meaning everyone involved is encouraged to be brave, vulnerable, and open about their victories, experiences, and struggles in life in general. Opening up can be really scary, especially for those who are not used to having a nonjudgmental space to share their emotions, thoughts, and experiences. Therefore, it is crucial that we all agree to respect each other’s privacy and maintain a respectful community environment.

 

It is likely group members (including yourself) will share sensitive information, so keep in mind this group does not replace mental health therapy and is not monitored or managed by a Licensed Mental Health Counselor.

Action will be taken to ensure safety if information shared by a group member brings about concern that they may harm themselves or harm someone else through emotional abuse, physical abuse, sexual abuse, or neglect. If you are concerned about someone’s safety, please notify our team at [email protected]. A record of what has been said and done will be kept securely and will only be seen by people who need to see it and carefully selected personnel at Gifted Vault, and other professionals required to know by law.

 

I (that’s you) agree to protect each participant’s right to confidentiality and not record or share polos, videos, pictures, the weekly lessons, and/or written comments in the forum with anyone not in the group. This includes not listening to polos in public settings or anywhere else where someone not in the group could overhear the polos.

 

I understand that each person is responsible for themselves and that I may choose to discontinue my participation at any time. I also understand that discontinuing my participation will not result in a refund. Likewise, I understand that at any time, the Facilitator that manages and oversees the Marco Polo group(s) has the right to remove a member from the group that has breached this Agreement.

Community Group Guidelines:

    1. No one is perfect and we certainly are not striving for perfection. With a progress (not perfection) mindset, we understand that there will be times when you may forget a guideline and might need to be reminded. Please carefully read these guidelines. When you enter the Gifted Vault Community group, please introduce yourself within the first 72 hours of entering the group. Provide your name, the reason why you joined the group, what you’re hoping to accomplish in the group, and anything else that you might want to share about yourself with the group. You can share as much or as little as you’d like.
    2. The community group is active. This means there could be multiple Polos recorded every day. There is not a rule or limit as to how many Polos a member can leave in a day. The number of Polos a member wants to leave is solely up to them.
    3. You are not required to listen to every Polo left in the community. This group is a service for you to utilize however it serves you best. Come and go as you please. Listen to all the Polos or only listen to some. No one is obligated to keep up with every Polo.
    4. There is not a time limit to how long you can leave a Polo. However, be mindful of people’s busy schedules. Please do your best to keep your Polos timely, focused, on topic, and with purposeful intent.
    5. While you may share what has helped you in a similar situation, do not coach other members in the group and do tell someone what they should or shouldn’t do. Only qualified Coaches at Gifted Vault are authorized to provide coaching to its members.
    6. Please be sensitive to others in the group that prefer to remain private about their lives, especially in the early stages of joining the group. Although it is okay to occasionally ask another member a question here and there, please refrain from asking multiple questions at once. In other words, please extend the opportunity to allow members to decide what they are willing to share and when they are willing to share it. Although some may see asking questions as a way to get to know others, others may feel it is intrusive.
    7. Please refrain from excessive profanity. While profanity may be cathartic to some, it may be offensive to others. Let’s do our best to meet somewhere in the middle.
    8. Discussing or sharing political matters or political views is not tolerated nor accepted in the community group. Politics are important and matter; however, our group is not the appropriate space for political discussions. Discussing politics is grounds for dismal in the group.
    9. Discussing or sharing religious views and beliefs is not tolerated nor accepted in the group. For some people religion is a vital and important part of their life; however, our group is not the appropriate space for religious discussions. Discussing religion is grounds for dismal in the group.
    10. Only the Facilitator is authorized to add a new member to the Marco Polo group. Members cannot add other members, nor is a member allowed to copy a group to duplicate and create a new Marco Polo group of the same members.
    11. If you stop participating in the community group, we will terminate your membership. It is not tolerated for members to be “incognito” listening in to what others are sharing without contributing or participating themselves. Everyone is required to leave a minimum of 3 Polos a month to remain active in the program.We do not issue refunds; therefore, if you have an upcoming vacation, surgery, or other circumstances that would prevent you from being active in the group, please notify our team ahead of time so arrangements can be made so you are not removed from the group.
    12. Everyone is on their own journey. Extend respect, compassion, validation, patience, and empathy with one another. As Robin Williams once said, “Everyone you meet is fighting a battle you know nothing about. Be kind.”
    13. If you do not abide by these guidelines, you will be removed from the group without a refund.

Helpful Tips for Marco Polo:

  • If you would like to increase the speed of someone’s polo, you can upgrade to Marco Polo Plus. Marco Polo Plus is a paid version that gives members access to speed controls, allowing them to listen to a Polo at 1.5 – 3x its original speed.
  • If you’d like to personally address a Polo to a particular member in the group, you can use the unicorn icon located at the bottom of the screen to activate the Text feature. From there, you can type text on the screen and address your Polo to a member by name. Keep in mind, anyone has the ability to listen to a Polo that may be addressed to someone else in the group. Therefore, it is recommended that you only share what you’re willing for others in the group to hear.

Additional Legal Stuff:

This section is the hardest to read, so we have done our best to include a translation of the legal mumbo jumbo underneath each section. In addition, a lot of the content here is to cover our bases, but we don’t want that to come across as we are trying to trick you into anything you aren’t willing to agree to, which is why we have included the translations.

Intellectual Property

All materials we provide to you, whether or not they are eligible for copyright or other intellectual property right protection, are for your use only and you are not authorized to share, copy, distribute, or otherwise disseminate the Materials, Videos, Audio Recordings, Video Messaging, and/or Workshops without our prior written consent. All of our intellectual property, including all materials and trade secrets, processes, techniques, and procedures, is our sole property (the “Materials”) of Gifted Vault (“Company”).

Payments, Fees, and Refunds

We accept all debit and major credit cards. When you sign this Agreement, you agree to pay the fees described in this Agreement. We are fully committed to you reaching your goals, and we want to support you in your commitment to your practice. Therefore, there are NO REFUNDS and you agree that you will be responsible for the full Fee regardless of whether you complete your annual subscription.

 

At the end of your subscription, you will automatically be charged to renew your membership. Should you decide not to renew your annual subscription, please notify us within thirty (30) business days of your subscription renewal date. If you do not provide a 30-day notification to cancel your membership, there will be a refund fee charge of $50.00. If there is a change with your credit card, you must notify us in advance and provide your updated credit card information before the next payment is due. If we are unable to renew your subscription due to an expired or change in your credit card, you will lose your membership in the Gifted Vault Community.

If you stop participating in the community group, we will terminate your membership. It is not tolerated for members to be “incognito” listening in to what others are sharing without contributing or participating themselves. Everyone is required to leave a minimum of 3 Polos a month to remain active in the program. We do not issue refunds; therefore, if you have an upcoming vacation, surgery, or other circumstances that would prevent you from being active in the group, please notify our team ahead of time so arrangements can be made so you are not removed from the group.

Confidentiality

We value your trust and respect your right to privacy and confidentiality. We will not disclose nor use any of your Confidential Information that we learn of during the course of our work together without your consent. “Confidential Information” includes any information you disclose to us while we are working together. It does not include information that is or becomes available to the general public, is already known to us before you disclose it, or that we rightfully receive from a third party.

Covenant Not To Compete

Coaches that are contracted with the Company may not provide services to you outside of Gifted Vault.

Non-Solicitation

During the term of your membership, and for a period of two (2) years immediately thereafter, Client agrees not to solicit any employee, independent contractor, or Customers of the Company on behalf of any other business enterprise including whether Client has their own coaching business or plans to open such a business, nor shall Client induce any employee, independent contractor, or customers associated with the Company to terminate or breach an employment, contractual, or other relationship with the Company. Upon Client’s separation from the Company, Client agrees that it shall not for a period of two (2) years seek to hire contractors, employees, associates, affiliates, or customers of the Company directly or indirectly. Further, you shall not directly or indirectly solicit or contact customers or prospects of the Company or its affiliates for a period of two (2) years for like business. These provisions are enforceable in a court of equity.

Soliciting Customers After Termination of Agreement

For a period of two (2) years following the termination of this Agreement and your relationship with the Company, Client shall not, directly, or indirectly, disclose to any person, firm, or corporation the names or addresses of any of the customers or Clients of the Company or any other information pertaining to them. Client shall not call on, solicit, take away, or attempt to call on, solicit, or take away any customer of the Company on whom Client has called or with whom Client became acquainted during the program with the Company, as the direct or indirect result of your relationship with the Company. These provisions are enforceable in a court of equity.

Disclaimers

We are committed to helping you achieve your goals, but you are solely responsible for your progress and results from the Services. We have made every effort to accurately represent the Services, but ultimately, your participation and commitment to the program are up to you completely. We make no representations or guarantees regarding performance other than those specifically written in this Agreement. Because of the nature of the Services, the results experienced by Clients vary significantly. You accept responsibility for this variance.

Termination

This Agreement will automatically end at the end of the subscription and/or coaching term or immediately if we give you written notice for good cause, which, in addition to a material default by you, includes if you breach the confidentiality provisions to participants in the Company’s group programs, if you are not actively or consistently following through on your practice, or if you are disrespectful or disruptive to the Company or the participants in the Company’s group programs. This Agreement will automatically end if you have not made your payments per the Payment Terms. If you cannot commit to the required 3 Polos a month guideline, we will terminate your Gifted Vault Community membership with no refunds

Indemnification

You will indemnify, defend, and hold harmless the Company from any claim or cause of action by any person or entity against the Company including, but not limited to, attorneys’ fees and costs of suit, arising out of any breach by you of your Agreements contained in the preceding paragraphs entitled “Confidentiality”, “Disclaimers”, and “Termination” or any of the above warranties.

Statute of Limitations

By signing this document, you agree that any claim, action, or suit against the Company, arising out of any contractor relationship between you and the Company or you and a prospective Client, Client, or former Client, or under any applicable state or federal statutes, must be brought within 180 days of the action or event giving rise to such claims, action, or suit, or else be forever barred. You agree to waive any statute of limitations period to the contrary. In addition, as further consideration for being retained by the Company hereunder, you hereby waive your right to a jury trial in any action or proceeding you may bring against the Company relating to or arising out of any contractor relationship with the Company. You further waive your right to participate as a plaintiff or member in any class action filed against the Company and agree not to join with any other parties in bringing any civil action under any theory of liability against the Company.

Jurisdiction and Venue Clause

This Agreement is governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action, suit, or proceeding arising out of or relating to this Agreement or the breach thereof shall be brought exclusively in the state or federal courts located within the State of Florida, and the parties hereby consent to the personal jurisdiction of such courts. The Client agrees to this and gives up the right to have a jury involved in the lawsuit.

 

The Company has the exclusive right to determine the specific city or county within Florida where legal proceedings will take place, and the other party agrees to submit to the jurisdiction of the chosen venue. This forum selection clause is a material inducement for the parties to enter into this Agreement and shall be binding on the parties and their respective successors and assigns. In the event that any provision of this clause is deemed to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

Legal Expenses

In the event that you should bring any action or claim arising out of this Agreement against the Company in which you do not prevail, you shall be liable to the Company for any and all costs incurred by the Company in defense of such claim or action, including all related attorneys’ fees, court costs, and any other related costs. The term “does not prevail” for purposes of this paragraph shall mean your failure to obtain a judgment or award for the full amount of damages, interest, costs, and other relief you have claimed in your pleadings.

 

Once again, congratulations on this exciting new chapter in your life! We are looking forward to the incredible progress you’ll achieve with your fellow Vaulters.

 

Now that we’ve got that out of the way, welcome to the Gifted Vault Community! We are honored to work alongside you and cannot wait for you to start living the life you’ve always dreamed of!

 

Within 24-72 hours of completing your enrollment, you will receive an email with instructions for how to access the Gifted Vault Community.

 

See you in the community!