TERMS AND CONDITIONS
These terms and conditions govern your use of this website. By using coffinnation.com, you are acknowledging and accepting these terms and conditions. These terms and conditions are subject to change by Patrick Coffin Media LLC (Company) at any time and at our discretion without notice.
The terms “we,” “us,” and “our” refer to Patrick Coffin Media, LLC. The term the “website” refers to coffinnation.com. The terms “user,” “you,” refer to members and any other users of the site.
Coffin Nation Membership Program- The Service
Coffin Nation membership program, hosted at coffinnation.com, is a product of Patrick Coffin Media LLC, which is owned by Patrick Coffin.
Coffin Nation is an online membership program that provides premium access to our podcast The Patrick Coffin Show, videos and other resources and services available only to members. By using the website or service, you agree to these Terms and Conditions, without modification.
Parties agree that the service is in the nature of information and education. The scope of services provided by Patrick Coffin Media, LLC according to this Agreement are limited to those listed on the website. Patrick Coffin Media, LLC reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
Memberships are recurring, this means, your card will be charged every month or year, depending on what plan you buy. Please note that we do not send reminders of when your card will be charged. Please mark your calendar if you do not want to subscribe for longer than one month or one year and make sure to cancel before the due date. We offer a seven day grace period. After that time we won’t be able to process any refunds, in the case that you request one.
Electronic Disclosure and Consent
Submitting an electronic application as a member to one of the membership programs offered by Patrick Coffin Media LLC, constitutes your consent to receive any disclosures, notices and other communications required to be provided to you under this agreement.
Members in good standing will be entitled to receive discounts and benefits not available to non-members. Current membership benefits will be listed on the membership page of our website www.coffinnation.com. All benefits are subject to change, substitution or discontinuation without notice. Patrick Coffin Media, LLC makes no warranty and accepts no liability for any outdated or erroneous data available on our website.
Use of the Site and Service
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. Patrick Coffin Media, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Patrick Coffin Media, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Patrick Coffin Media, LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your membership plan order and with details concerning the use of your membership program. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. You will also get notified immediately when you upgrade, downgrade or cancel your subscription. again if you don’t see these emails, let us know by contacting us at: [email protected]
Duration of Agreement
Once confirmed, we will provide you access to your membership program. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Patrick Coffin Media, LLC when there are reasonable delays in the access of the Service.
Patrick Coffin Media, LLC reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the Service. If for any reason, Patrick Coffin Media, LLC should dissolve or cease to exist, then your access to the Service terminates.
Cancellations, Refunds & Returns
All subscriptions are recurring (monthly or yearly). If you’d like to cancel, just visit your My Account page, click the Subscriptions tab, and then click the “Cancel” link on the right side. You will receive a notification immediately. If you do not see it, email us and request the cancelation via email, we will reply to you within 24 hrs. Canceling will take effect after the period ends, you will still have access to the content until your term is completed (month or year). We do not have a way to block your access until your term is completed. If you cancel, your card will not be charged after the initial term ends.
Refunds for regular accounts (Not free Trials): If you cancel within the first week of your registration, (or renewal) and want a refund, we will refund 100% of what you paid. Please let us know via email if you want a refund. If you cancel after a week or email us requesting a cancelation after seven calendar days of your automatic payment, we won’t be able to refund your payment. However, if you cancel, the charges will stop.
Refunds for Free Trials (30 or 90 days): Free Trials do not have a grace period for refunds. If you do not cancel before the 30 or 90 days (depending on the trial you subscribe to) on your own via the “cancel” button as explained on the FAQ page and on this page, or request us to cancel via email before the 30 or 90 days, your account will become a paid account and you will be charged for the first month. There are no refunds and no exceptions if you miss the deadline to cancel.
Once you cancel, you will not be charged again, however you will retain access to the Service, including all content and community resources, until the current membership period expires.
We do not send reminder emails about renewals, please mark your calendars or choose the monthly subscription if you think you don’t want to commit to the year plan. Once you cancel, you will not be charged again, however you will retain access to the Service, including all content and community resources, until the current membership period expires.
We thrive to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprietary rights, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, Patrick Coffin Media, LLC will provide access to a community or social media platforms in conjunction with the Service.
You agree that your use of these community and social media platforms is a privilege and Patrick Coffin Media, LLC may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Patrick Coffin Media, LLC will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Patrick Coffin Media, LLC is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Patrick Coffin Media, LLCs’s brand and image integrity.
Our Intellectual Property
The Site and Service contain intellectual property owned by Patrick Coffin Media, LLC, including trademarks, copyrights, proprietary information, and other intellectual property. Patrick Coffin Media, LLC’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Patrick Coffin Media, LLC’s copyrighted materials shall remain the sole property of the Patrick Coffin Media, LLC. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, Patrick Coffin Media, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF Patrick Coffin Media, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Patrick Coffin Media, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM Patrick Coffin Media, LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU Patrick Coffin Media, LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Patrick Coffin Media LLC does not guarantee that you will achieve any particular result from participating in the company’s membership programs or from using any of the information on this site.
All materials, information, products and services included in or available through this site are provided “AS IS” and “AS AVAILABLE” for your use. This content is provided without warranties of any kind, either expressed or implied including but not limited to warranties of merchantability and fitness for a particular purpose. While Patrick Coffin Media LLC makes their best effort to ensure that all content on the website is accurate, we do not warrant that all content is accurate or that any errors will be corrected. Your use of this site is solely at your own risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Limitation of Liability
Under no circumstances shall Patrick Coffin Media LLC or its agents be liable for any direct, indirect, punitive, incidental or consequential damages that result from the use of or the inability to use this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the Company has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company’s liability in such jurisdictions shall be limited to the extent permitted by law.
Upon a request by Patrick Coffin Media LLC, you agree to defend, indemnify, and hold the Company and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site and/or the membership programs.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Patrick Coffin Media LLC with respect to this site and supersedes all prior or contemporaneous communications between you and Patrick Coffin Media LLC with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. You hereby consent to binding arbitration in the State of California to resolve any disputes arising under these Terms and Conditions.
Third Party Resources
The Site and the Service may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Patrick Coffin Media, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and Patrick Coffin Media, LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Patrick Coffin Media, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Patrick Coffin Media, LLC.
All notices, requests, and other communications under this Agreement shall be in writing and properly addressed as follows:
Patrick Coffin Media, LLC
25422 Trabuco Rd., Suite 105-621
Lake Forest, CA 92630
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.