TERMS AND CONDITIONS OF USE
Last modified: April 2024
Thank you for visiting www.thedifferencept.com owned and operated by The Difference PT, LLC (“DPT”, “us or “we”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”) govern your access to and use of www.thedifferencept.com, including any content features, functionality, materials, information and services offered on or made available through www.thedifferencept.com and all related mobile applications (collectively, the “Website”).
Please read these Terms of Use carefully before you start to use the Website. By registering, accessing, or using the Website, or by clicking “I accept” or “I agree” to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to all of these Terms of Use, you must click “I do not accept” or “I do not agree.” If you do not accept or agree to the Terms of Use, you must not access or otherwise use the Website.
You must be at least 18 years of age to use the Website. By using the Website and by agreeing to these Terms of Use, you warrant and represent that you are at least 18 years of age. If you are not 18 years of age, you may only use the Website with the supervision and consent of a parent or guardian.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them to the Website and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Account Security and Accessing the Website
To access the Website or some of the resources it offers, you may be required to provide certain registration details or submit other information (collectively, Registration Information”). It is a condition of your use of the Website that all of the Registration Information and any other information you provide on the Website is correct, current, and complete.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge and agree that your account is personal to you, and you agree not to provide any other person or entity with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username, password, or any other breach of security.
We have the right to disable any username or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason. We further reserve the right to restrict your access to all or part of the Website at any time in our sole discretion for any or no reason.
We reserve the right to withdraw or amend the Website at any time in our sole discretion without notice to you and we shall not be liable to you or any third party if for any reason all or part of the Website is unavailable at any time for any period.
IMPORTANT
The Website and the products and services associated and offered are not intended to be a substitute for professional advice, diagnosis, treatment, medical treatment, psychotherapy, counseling, legal advice, or any mental health services or professional services of ANY kind. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding any mental health symptom or medical condition. Never disregard professional psychological or medical advice or delay in seeking it because of something you have read within the Website.
Please call the emergency number in your country immediately (911 for the United States) if you believe that you or someone you know may harm themselves.
RESOURCES:
National Suicide Prevention Lifeline (1-800-273-8255)
National Domestic Violence Hotline (1-800-799-7233)
National Sexual Assault Hotline (1-800-656-4673)
You understand that we are a mandatory reporter, if you ask us to provide the Services for your minor child. Wisconsin Statutes Section 48.981(2) requires that any mandated reporter who has reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected, or who has reason to believe that a child seen by the person in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur, make a report to county CPS or law enforcement.
In addition, Wisconsin Statutes Section 175.32 requires that any mandated reporter who believes in good faith, based on a threat made by an individual seen in the course of professional duties regarding violence in or targeted at a school, that there is a serious and imminent threat to the health or safety of a student or school employee or the public, make a report to law enforcement.
What you agree to when you sign up for Performance Coaching
The information contained within the Website is for general information and entertainment purposes only. Any advice offered within the Website or in any of its products or Services is based strictly on readings based on this subject matter and the author’s opinion. You should always seek the advice of a professional before acting on something that is published or recommended on the Website or any of its products and Services.
While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, regarding the accuracy, reliability, completeness availability or suitability with respect to the Website or the information, products, services, or related graphics contained within the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The information contained in or made available through the Website and in our products, including but not limited to information contained on our blogs, e-books, audiobooks, vlogs, videos, courses, podcast, comment section, and other written or audio-visual materials, as well as information imparted during individual mental performance coaching sessions, cannot replace or substitute for the services of trained and licensed professionals in any field, including, but not limited to: financial, medical, psychological, or legal matters.
In particular, you should regularly consult a doctor or other licensed health-care professional in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.
By accessing the Website and/or using our products and services such as individual coaching, you affirm and acknowledge that mental performance coaching and performance coaching are not forms of or substitutes for professional counseling, psychotherapy, mental health care or other medical or health care intervention of ANY kind.
Recording of any coaching sessions without permission is strictly prohibited.
Danielle M. Johnson holds a certificate as a Neuro-linguistic Programmer and I’m Possible Basketball Trainer as well as an inactive license to practice law in Wisconsin and Minnesota, but is NOT otherwise a licensed professional.
Danielle M. Johnson is not, and does not claim to be, a licensed medical or mental health professional of any kind, and coaching is not a licensed activity in the State of Wisconsin or any other jurisdiction.
If you are currently under the care of a medical or mental health professional, it is your responsibility to consult with that person regarding the advisability of working with a coach. If at any time you feel the need for professional counseling, you agree to promptly seek the assistance of a licensed professional.
In addition, participating in coaching entails risks associated with a challenging program of personal growth and development, including risks of mental or emotional upset as well as risks that may not be foreseeable when you begin a coaching engagement.
By purchasing a coaching product and participating in coaching, you freely and voluntarily assume all such risks and you acknowledge and agree that you are responsible and accountable for your decisions, actions, and results in life. You agree not to attempt to hold the Website, The Difference PT, LLC, or Danielle M. Johnson liable for any such decisions, actions, or results, at any time, under any circumstance.
Danielle M. Johnson is not claiming to, nor does she provide any professional help of any kind be it legal, medical, psychological, educational, etc. It would be inaccurate and unlawful to do so. Therefore, Danielle M. Johnson cannot make any guarantees to you by law. Any advice, tools, or services provided are suggestions with no guarantees of any particular outcome. You are responsible for your own individual actions and corresponding results. All statements within the Website are for informational and entertainment purposes and always are opinions, not guarantees that you will achieve any particular result. Results will vary by individual.
We will not be liable for any direct, indirect, consequential, exemplary, or other damages that may result, including but not limited to injury, financial loss, illness, or death. By the use of the Website, products, and services, you agree to not in any way attempt to hold us liable for any such actions, decisions, or results, at any time, under any circumstance.
In no event will the Website or Danielle M. Johnson be liable for any loss or damage including and without limitation, direct, indirect, exemplary, consequential, or other loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Website. By use of the Website and/or purchase of products and services made available on the Website, you waive any claim whatsoever against and hold harmless The Difference PT, LLC, and any of its officers, members, owners, employees, agents, contractors, and representatives that may arise from such use.
Third Party Sites
Throughout the Website, you are able to link to other websites and services. We have no control over the nature, content, and availability of those sites or services, including their cybersecurity. Additionally, the inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Confidentiality and Non-Use of Proprietary Materials
We (or our licensors as the case may be) own the tools, processes, strategies, materials, and information presented within the Website, during coaching sessions, and in our products. By accessing the Website and/or our products, you agree not to record, duplicate, distribute, teach, or train from our information in any manner whatsoever without our express written permission.
Any unauthorized use or distribution of our proprietary concepts, materials, quotes, and intellectual property by you or your representatives is prohibited, and we will pursue legal action and full damages if these Terms of Use are violated in order to protect our rights.
The coaching relationship, as well as all information that the client shares with the coach is bound to confidentiality by the ICF Code of Ethics but is not considered a legally confidential relationship. The coach will not disclose the client’s name as a reference without the client’s consent. The only exception to this is that we may be required by law to disclose certain confidential information and we will notify the parents and any required authorities if a minor indicates that they have thoughts of harming themselves or others.
Confidential information does not include information that:
(a) was in the coach’s possession prior to its being furnished by the client;
(b) is generally known to the public or in the client’s industry; or
(c) that the coach is required by law to disclose.
All information and material you submit to our Website in the form of a comment (or post) including information you copy or send to or from the Website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute an incitement to commit a crime. Further, the material must not be misleading, deceptive, pornographic, threatening, abusive, harassing or menacing.
With respect to all material and/or comments you elect to post to the Website, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights. We reserve the right to edit or remove any material posted to the Website. If you post any private material or comments that you later wish to have removed, contact us by email at support@thedifferencept.com.
Cancellation / No Show Policy for Session
We understand that there are times when you must miss an appointment due to emergencies or obligations for work or family. If a session is not canceled at least 24 hours in advance, there will be no refunds.
There are no refunds for coaching sessions or any electronic courses. Payment is required to both schedule a coaching session and access online materials that are for sale. If there are any issues of any kind, please feel free to contact us at support@thedifferencept.com.
Mature Content
Within the Website and our products, we will occasionally discuss mature topics and language relating to personal and professional growth. Users under the age of 18 and those who are uncomfortable with such topics or language should not use the Website or products.
Miscellaneous
These Terms of Use and the Privacy Policy represent the complete and entire agreement between us with respect to your use and access of the Website and your purchase of products and coaching sessions and supersede all prior or contemporaneous agreements, negotiations, or understandings, whether oral or written. If you require any more information or have any questions about our Privacy Policy or these Terms of Use, please feel free to contact us by email at support@thedifferencept.com.
These terms will be governed by and interpreted in accordance with the laws of the State of Wisconsin, U.S.A. without reference to any conflict of laws provisions. Any action relating to the use of the Website, services or online purchase must be brought in the state or federal courts located in the State of Wisconsin, County of Dane, and the parties hereby submit to the exclusive personal jurisdiction and venue of such courts. You hereby irrevocably waive the defense of an inconvenient forum to the maintenance of such action or proceeding.
You may not assign, charge, sub-contract or otherwise transfer your rights or obligations under these Terms of Use, and any attempt by you to do so shall be null and void. We may assign, charge, sub-contract, or otherwise transfer any of our rights or obligations arising hereunder at any time without consent. No waiver of any term contained herein, whether by conduct or otherwise, shall be effective except in a writing signed by the party to be charged with the waiver.
If any provision of these terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining terms shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.