By entering your name and email at the bottom of this page you accept the terms and conditions outlined below.
By purchasing any of our products and services the Subscriber is indicating acceptance of these Terms contained in this agreement, You (“Subscriber”) acknowledge and agree to be bound by the provisions of this agreement for the use of the services (hereinafter, “Services”) provided by Lumbia Co. LLC. If Subscriber is not willing to be bound by the Terms of this agreement, Subscriber should promptly exit from this Website and refrain from using its Services. By using or accessing the Services, Subscriber agrees to be bound by the following Terms.
Lumbia Co. LLC, reserves the right to discontinue Services in the event Subscriber does not comply with the Terms contained herein. We require that Subscriber be at least 18 years old to use Lumbia Co. LLC Services.
“Account” means and refers to a Subscriber’s Account at any of the Websites.
“Parties” mean Lumbia Co. LLC and You. Lumbia Co. LLC and You are each a “Party.”
“Fierce Empathy” is a trademark of Lumbia Co. LLC, the entity behind the Websites. In this Agreement, references to “Fierce Empathy” as a Party mean and refer to Lumbia Co. LLC, and its owner(s), parent company(ies), affiliate entities, and employees, and assigns.
“Subscriber” refers to a person who has created an Account at any of the Websites.
“Terms” mean and refer to the Lumbia Co. LLC User Terms and Conditions set forth herein.
“Us” and “We” means and refers to Lumbia Co. LLC.
“Websites” means and refers to all David Waldy, Fierce Empathy, & Lumbia Co. Websites including but not limited to fiercempathy.com and davidwaldy.com
I agree to the terms of service:
I. Indemnity: By taking on The Coach, The Client is representing him or herself as a competent, effective individual who is fully able to make his/her own personal and business decisions and choices, including decisions and choices The Client may make as a result of this coaching process. The Client represents him or herself or her company as being able to operate fully, freely, and responsibly for all of The Client’s personal and business decisions and actions. By confirming to this agreement, The Client is agreeing that any actions she or her company takes as a result of The Coach’s input, coaching, speaking, training or development are The Client’s actions and The Client’s actions alone. The Client alone is responsible completely and fully for the outcomes, results and any liabilities that arise from taking those actions. The Client waives all claims of any type whatsoever that The Client may have against The Coach arising out of or in connection with any claims or lawsuits against The Client or liabilities or damages of any sort incurred by The Client related to any actions The Client takes or decisions The Client makes as a result of The Coach’s input, coaching, speaking, training, or development. The Client understands that this work is considered Coaching not Counseling, Psychology or Psychiatry Services.
II. Copyright and Ownership: The Client understands that all material presented in the coaching process are copyrighted or licensed by The Coach. The Client promises that any notes The Client takes will be for the The Client’s personal and professional use only. The Client will not resell any of the coaching distinctions and material without the prior written consent of The Coach. Furthermore, The Client will not attempt to coach other individuals by using the principles and methodologies employed in the coaching relationship without the prior written consent of The Coach.
III. Contractual Responsibility The Client agrees to commit the Coaching Package agreed to in investment/time structure. Upon completion of Program, The Coach and Client will assess and evaluate continuation of program. The Coach has, at any time, the right to terminate this contract based on the effort put forth by The Client. This contract is non-negotiable, non-refundable, and legally binding.
2. Grant of Rights to Use Services.
Effective upon acceptance of this agreement, Lumbia Co. LLC hereby grants to Subscriber a personal, nonexclusive, nontransferable, revocable license to access and use the Services (as defined below), for Subscriber's non-commercial use.
Subscriber shall have no right to sell, resell, reproduce, duplicate, copy, distribute, create derivative works or exploit for commercial purposes, any portion of the Services, access to the Services, or use of the Services nor make any claim that it does have such right.
The Services provided by Lumbia Co. LLC hereunder may allow Subscriber to perform various online messaging and communications functions. Unless explicitly stated otherwise, any future features provided by Lumbia Co. LLC that augment or enhance the current Services shall also constitute “Services” and shall be subject to these Terms.
3. Lumbia Co. LLC Proprietary Rights.
As between the Parties, Lumbia Co. LLC shall retain all right, title and interest to the Services including all copyrights, trademarks, patents and all other intellectual property rights thereto, including without limitation, with respect to all technology and telephone numbers used in connection with or provided as part of the Services.
Subscriber may not, nor allow any third party to copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. Subscriber may not allow any third party to access the Services for any purpose whatsoever.
The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under this agreement.
Subscriber may not grant any sublicense, lease or other right in the Services to any third party. All rights not expressly granted under this agreement are retained by Lumbia Co. LLC.
4. Terms of Purchase; Pricing; Termination; Refund.
All Services sold by Lumbia Co. LLC (including but not limited to Services sold on the Website) are Annual Renewal Subscriptions and will auto renew on the anniversary of the purchase date unless you request otherwise, as set forth below.
Your Subscriber Account begins when Your payment is received by Lumbia Co. LLC and will continue year-to-year until either:
A. Lumbia Co. LLC cancels Your Account due to Your breach of any of the Terms. In the event Your Account is cancelled due to Your breach, You will not be entitled to pro-rate Your payment, nor will You be entitled to any refund for any payments You have made to Lumbia Co. LLC.
B. You provide Lumbia Co. LLC at least thirty (30) days’ e-mail notice, as provided herein, of Your cancellation of Your Account. If You provide such notice less than thirty (30) days before the anniversary of the creation of your Subscriber Account, Your credit card may still be charged. You will not be entitled to pro-rate Your payment, nor will You be entitled to any refund for any payments to Lumbia Co. LLC.
C. Your credit card is denied for any reason and You do not provide Lumbia Co. LLC a new credit card within ten (10) days.
You agree that Lumbia Co. LLC may set pricing in Lumbia Co. LLC's sole and absolute discretion. You understand and agree that Lumbia Co. LLC may from time to time change the Subscription price in Lumbia Co. LLC sole and absolute discretion, without notice to you, and that Lumbia Co. LLC may offer promotional pricing, discounts, coupons, volume sales prices, and other incentives in Lumbia Co. LLC sole and absolute discretion.
Lumbia Co. LLC does NOT issue refunds for any reason. Upon entering an agreed contract, the client assumes full liability of paid investment and any further contractual payments
5. Warranty Disclaimer.
Lumbia Co. LLC does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Lumbia Co. LLC cannot and does not guarantee that you will be approved for a loan or that you will otherwise obtain financing. The Services provided hereunder are provided “as is” and “as available” and Lumbia Co. LLC makes no warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, or any similar warranty whether said warranty arises under provisions of any law of the united states or any state thereof. Lumbia Co. LLC makes no representations or warranties that the Services are free of rightful claims of any third party for infringement of proprietary rights. The entire risk associated with the use of the Services shall be borne solely by Subscriber.
Lumbia Co. LLC makes no warranty that the Services will meet Subscriber's requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected. Lumbia Co. LLC is not responsible for messages or information lost or misdirected due to interruptions or fluctuations in the Services or the internet in general.
Lumbia Co. LLC does not make any warranty pertaining to any goods or Services purchased, obtained, secured or acquired through the Services or any transaction entered into through the Services.
Lumbia Co. LLC does not warrant the accuracy or reliability of the results obtained through use of the Services or any data or information downloaded or otherwise obtained or acquired through the use of the Services. Subscriber acknowledges that any data or information downloaded or otherwise obtained or acquired through the use of the Services are at Subscriber's sole risk and discretion and Lumbia Co. LLC will not be liable or responsible for any damage to Subscriber or Subscriber's property. No advice or information, whether oral or written, obtained by Subscriber from Lumbia Co. LLC, its employees, or through or from the Services shall create any warranty not expressly stated in these Terms.
Some jurisdictions do not permit the disclaimer of certain implied warranties, so certain of the foregoing disclaimers may not apply to Subscriber.
6. Limitation of Liability.
YOU AGREE THAT In no event shall Lumbia Co. LLC LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION exceed the amount you paid for your subscription in the preceding twelve (12) months. you waive all rights to special, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. The limitation of liability reflects the allocation of risk between the Parties. The limitations specified in this section will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.
Some jurisdictions do not allow certain limitations of liability, so certain of the foregoing limitations may not apply to Subscriber.
Subscriber shall protect, defend, indemnify and hold harmless Lumbia Co. LLC, its directors, officers, employees and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), claims and damages of any kind or character without limit resulting from Subscriber’s conduct, including without limitation any negligent acts, omissions or willful misconduct by Subscriber, Subscriber's use of the Services and/or any breach of the Terms of this agreement by Subscriber. Your indemnity obligation includes, but is not limited to, any third party claim against Lumbia Co. LLC for liability for payments for, damages caused by, or other liability relating to You.
8. International Use.
Lumbia Co. LLC makes no representation that materials on its Websites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Subscriber agrees to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which Subscriber resides.
9. Modification to Service.
During the term of this agreement, Lumbia Co. LLC may modify or discontinue the Services at any time and with or without notice to Subscriber.
Without limiting the generality of the foregoing, Lumbia Co. LLC may, from time to time, with or without notice and at its sole discretion, establish or change various practices, limitations and restrictions for administering such Services, including without limitation: (a) how often all or a part of the Services or Account may be accessed; (b) the duration of any access; (c) the maximum number of days that messages or postings will be retained; (d) the maximum number of messages or postings allowed; (e) the size and nature of messages and postings; (f) the maximum storage space available for an Account; and (g) any other matter related to the administration of the Services. Subscriber agrees that Lumbia Co. LLC shall not be responsible or liable in any way for deactivation or deletion of Accounts or for loss of emails, audio clips, voice mails, uploads, communications, postings, data or information as a result of, or arising out of, administration of the Services, whether or not Subscriber is given prior notice thereof.
Lumbia Co. LLC may delete Accounts that are inactive for an extended period of time.
Lumbia Co. LLC shall not be liable to the Subscriber or any third party for any reason for Lumbia Co. LLC modifying or terminating the Services, in whole or in part.
Subscriber is responsible for creating a back-up copy of any important or critical information that is stored on the Services. Lumbia Co. LLC shall not be responsible or liable in any way for any information or data loss in connection with the Services.
10. Modification to Agreement.
Lumbia Co. LLC reserves the right to change the Terms of this agreement, by posting a revised version of the agreement. Use of the Services signifies Subscriber's agreement to all Terms. Continued use of any part of the Services following the posting of any changes to this agreement constitutes acceptance of those changes, and all changes shall thereupon become binding upon the Subscriber.
If Subscriber does not agree to the changes, Subscriber must immediately cease all use of the Services.
11. Rules and Regulations.
Subscriber shall be solely liable for any transmissions sent through the Services. Lumbia Co. LLC has no control over the content of any transmission nor will it be liable for such content.
Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials which are obscene, harassing, racist, malicious, fraudulent, infringing or libelous, nor use the Services for any activity that may be considered or is unethical, immoral, violative of any third party's rights, or illegal.
Further, Subscriber will abide by all rules, regulations, procedures and policies of Lumbia Co. LLC and any policies of the networks connected to the Services.
Subscriber agrees to abide by all applicable local, state, national, foreign and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's Account or password, including the content of Subscriber's transmissions through the Services. By way of example, and not as a limitation, Subscriber agrees not to:
-Use the Services in connection with chain letters, junk email, voice mail, faxes, spamming or any duplicative or unsolicited messages (commercial or otherwise);-harvest or otherwise collect information about others, including email addresses, without their consent;
-Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
-Transmit through the Services unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
-Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
- Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
- Violate any U.S. Or foreign law regarding the transmission of technical data or software exported through the Services;
- Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; and
- Interfere with another member's use and enjoyment of the Services or another entity's use and enjoyment of similar Services.
Lumbia Co. LLC is under no obligation to monitor the information or content available or transmitted through the Services. Subscriber agrees that Lumbia Co. LLC shall have the right, but not the obligation, at its sole discretion, to refuse or remove any content, in whole or in part, that violates this agreement or is otherwise objectionable. Subscriber acknowledges and agrees that Lumbia Co. LLC may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- Comply with legal process;
- Enforce this agreement;
- Respond to claims that any content violates the rights of third parties; and
- Protect the right, property, or personal safety of Lumbia Co., LLC, its users and the public.
Subscriber may provide information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans and ideas to Lumbia Co. LLC. Such information shall be deemed non-confidential andLumbia Co. LLC assumes no obligation to protect such information from disclosure. The submission of such information to Lumbia Co. LLC shall in no way prevent the purchase, manufacture, or use of similar products, Services, plans and ideas by Lumbia Co. LLC for any purpose whatever. Lumbia Co. LLC shall be free to reproduce, use, disclose and distribute such information to others without restriction. Subscribers shall have no recourse against Lumbia Co. LLC for alleged infringement or misappropriation in connection with any information or materials submitted to Lumbia Co. LLC hereunder.
12. Electronic Transactions.
Subscriber agrees that by entering into transactions with Lumbia Co. LLC, Subscriber affirms consent to receive all information, copies of agreements and correspondence (“documents”) from Lumbia Co. LLC in an electronic format, and to also send information to Lumbia Co. LLC in an electronic format, either through Subscriber's Account or via email, at Lumbia Co. LLC discretion. Subscriber agrees to treat any such electronic documents received from Lumbia Co. LLC or sent to Lumbia Co. LLC as being legally equivalent to any “written” information Subscriber would receive or send in print or by postal mail. Subscriber's transactions with Lumbia Co. LLC indicate that Subscriber agrees to treat all electronic documents received from or sent to Lumbia Co. LLC as having full legal enforceability and legal effect. In any situation where Subscriber's signature may be required to process a transaction, compliance with a commercially reasonable attribution procedure agreed to or adopted by the Parties or established by law for authenticating a record shall authenticate the record. Without limiting the foregoing, the Parties agree that if Subscriber enters the username of Subscriber's Account, and enters the pin number or password associated with the Account, such process shall constitute a legally binding signature by Subscriber. Subscriber acknowledges and agrees that Lumbia Co. LLC will not be responsible for Subscriber's failure to receive any electronic documents, and in the event Subscriber is expecting to receive some electronic documents that in fact Subscriber does not receive, Subscriber will notify Lumbia Co. LLC immediately. Subscriber further acknowledges and agrees that Subscriber's responsibilities or the methods by which Lumbia Co. LLC sends Subscriber electronic documents may be altered from time to time, at Lumbia Co. LLC's discretion and Lumbia Co. LLC will give Subscriber advance notice of such changes. Subscriber agrees that Subscriber will take all reasonable measures to protect the security and confidentiality of all usernames and passwords issued hereunder and will inform Lumbia Co. LLC immediately if Subscriber discovers that any of these items have been given out (intentionally or accidentally) to other people.
Subscriber agrees that Subscriber will review Subscriber's transaction(s) carefully prior to accepting them and that once Subscriber accepts any transaction, it will be final, binding upon Subscriber and unchangeable in any way.
As a Subscriber, You will be required to create an account with Lumbia Co. LLC. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your Account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your Account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Lumbia Co. LLC under Your Account. You agree to immediately notify Lumbia Co. LLC of any unauthorized use of Your password or User name or any other breach of security related to Your Account. You agree that Lumbia Co. LLC is not liable, and You will hold Lumbia Co. LLC harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
13. Affiliate Fees.
Lumbia Co. LLC offers an “affiliate program” to compensate those Subscribers who refer new clients to Lumbia Co. LLC. Subscriber agrees that Lumbia Co. LLC reserves the right to determine through its own means who, if anyone, is compensated for a new client referral. Subscriber agrees that Lumbia Co. LLC may change its affiliate program at any time without warning or notification including but not limited to payment method, payment schedule, payment “levels”, payment calculations, and reporting methods. Subscriber agrees that Lumbia Co. LLC may cancel the affiliate program at any time without warning or notification. Lumbia Co. LLC may use any manual or automated methods it desires to determine who referred a new member including but not limited to manual entry, special links, date-limited “cookies”, session “cookies”, or special pages. Subscriber agrees that regardless of the method chosen by Lumbia Co. LLC, it is possible that the actual number of referrals will be higher than the credited number of referrals made due to various inefficiencies in tracking technology. Subscriber further agrees to abide by Lumbia Co. LLC's count. Subscriber agrees that Subscriber will keep Lumbia Co. LLC informed of all postal address and email address changes. Subscriber may appeal the amount of a payment within 30 days of a payment being sent and may request investigation into a missing payment within 30 days of when Lumbia Co. LLC should have sent the payment under the current affiliate program rules. Subscriber forfeits the right to appeal and/or request an investigation if such action is initiated more than 30 days after the payment is sent or should have been sent. Subscriber agrees that if a Subscriber's membership is terminated for any reason, Subscriber forfeits all rights to future affiliate program payments.
14. Third Party Advertiser.
Subscribers may enter into transactions with advertisers on the Services. Such transactions shall be between Subscriber and advertisers and Lumbia Co. LLC shall have no responsibility or liability in connection with any such transaction or the information, goods or Services provided by any such advertiser. When You contract with an advertiser, Your agreement is between You and the advertiser, not with Us. All We provide is the on-line space for You to meet advertisers. We do not prepare the contract between You and any advertiser. We do not get in the middle of any dispute between You and an advertiser. We do not review any advertiser’s work, nor do We give any warranty or guarantee of satisfaction.
15. Product Disclaimers.
In regards to any Lumbia Co. LLC Product, no teaching, advice or direction is to be taken as legal or financial advice. The information shared in this course is based upon personal experience. Please seek legal and financial advice from licensed professionals.
This agreement, including any documents incorporated herein by reference, merges all prior written and oral communication and defines the entire agreement of the Parties concerning the Services.
In the event any portion of this agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the Parties.
Any notice required to be given to Lumbia Co. LLC under or related to these Terms must be in writing, addressed as follows:
Lumbia Co. LLC
Notices to You may be made by posting a notice (or a link to a notice) on one or more of the Websites, by e-mail, or by regular mail, at Lumbia Co. LLC's discretion.
19. Digital Millennium Copyright Act.
If You believe that materials or content available on any Lumbia Co. LLC website infringes any copyright You own, You or Your agent may send Lumbia Co. LLC a notice requesting that Lumbia Co. LLC remove the materials or content from the Lumbia Co. LLC website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Lumbia Co. LLC a counter-notice. Notices and counter-notices should be sent to
Lumbia Co. LLC, Attention Legal Department
If You have any questions or complaints concerning any of the Terms, You may contact Lumbia Co. LLC by e-mail at or by regular mail at firstname.lastname@example.org
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Any claim or grievance of any kind, nature or description that You have against Lumbia Co. LLC including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Clark County, Nevada. You agree not to file suit against Lumbia Co. LLC or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Lumbia Co. LLC. In the event that You and Lumbia Co. LLC are unable to reach agreement on an Arbitrator, You and Lumbia Co. LLC will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Lexington County, South Carolina. The arbitrators selected by You and Lumbia Co. LLC will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Lumbia Co. LLC and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Nevada without regard to any choice of law provisions.
You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Lumbia Co. LLC to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Lumbia Co. LLC may not be joined or consolidated with claims brought by anyone else.
Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
Nothing in this Agreement prevents Lumbia Co. LLC from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Lumbia Co. LLC's rights prior to, during, or following any arbitration proceeding.
You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Lumbia Co. LLC commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
Lumbia Co. LLC may assign its rights under this Agreement at any time, without notice to You. Subscriber shall not transfer or assign this agreement or Subscriber's rights under this agreement. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the Parties, their successors, permitted assigns and legal representatives.
The failure of Lumbia Co. LLC to exercise its rights under this agreement will not be construed as a waiver of such rights, nor will it in any way affect the validity of this agreement. The provisions of this Agreement relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this agreement for any reason.
24. Section Titles.
The section titles in this agreement are for convenience only and have no legal or contractual effect.