Policy for Advisors in the Coaching Categories ("Policy for Coaches")
Last Revised August 29, 2014
This Policy for Coaches forms part of the Member Agreement and is incorporated by reference therein. If there is any conflict or inconsistency between the Policy for Coaches and the Member Agreement (excluding the Advisor Policies), the Member Agreement shall control. Capitalized terms not defined herein will have the meanings set forth in the Member Agreement and related policies.
1. In addition to the terms and conditions of the Member Agreement, you, as a coach and Member, agree to comply with the following requirements in creating listings, providing coaching services ("Coaching Services"), and otherwise acting as a coach. Without limiting any other remedies Ingenio may have, Ingenio may immediately terminate your membership and use of the Site without notice if Ingenio suspects that you have violated any of the following requirements.
2. The Ingenio Coaching pages on our Site ("Coaching Categories") are intended solely to connect Members seeking Coaching Services. Such services include confidential general relationship advice and coaching; life and career advice and coaching; and family and parenting advice and coaching. Coaching Services may include providing education and guidance to Members seeking to learn and implement a self- directed path for handling personal and career issues in their lives. Coaching Services may also include personal and career planning, brainstorming sessions, and personal motivation sessions.
Services in the Coaching Categories are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Some States may set these thresholds at a younger age.
3. Coaching Services provided using Coaching Categories on the Ingenio Site shall not include professional medical treatment or therapy, psychotherapy, or health care services of any kind. You will not diagnose illnesses; provide treatments; prescribe medications; or otherwise act as a medical care provider using the Coaching Categories on our Site.
You will continuously provide truthful, current, and complete information, including, without limitation, correct representation of your coaching skills, qualifications, credentials, background and other information included in your listing(s).
You shall not refer to any professional medical credentials stating that you are a licensed therapist or licensed medical professional or health care provider in any State, except you may simply list those licenses in the background information section of your listing, but say NOTHING more, e.g. LCSW, LMFC, LMFT, MFT (without including any sentence associated with those references).
Therefore, do not list State licenses or certifications or communicate any credentials of a medical or health care practice (even in the background portion of your listing) which either expressly or by implication suggest that you are providing medical or health care services or therapy in connection with the Ingenio Coaching Categories on this Site, or elsewhere (e.g., "I not only can provide coaching services, I am a medical doctor.")
You may, of course, describe your non-State regulated qualifications to be a coach and list your coaching training or related non-State regulated credentials or certifications, so long as you maintain a clear line of separation between coaching and medical (including therapy) services - the latter of which shall not be referenced, described or practiced when describing or providing Coaching Services in the Coaching Categories via the Ingenio Site.
You will not misrepresent yourself or have misleading information in your listing, and will follow applicable laws and regulations, including without limitation, any laws, regulations or State mandated guidelines in your jurisdiction which apply to advertising or listings. Further, Ingenio cannot and does not represent or warrant that any coach is licensed, qualified, or capable of providing any service.
4. You shall never solicit feedback, recommendations, ratings or endorsements from Members. The Members should independently provide any feedback or ratings, which they of their own volition desire to enter concerning a Coach’s Coaching Services.
5. You will conduct all for-fee communications that you have with other Members only through the Coaching Categories of the Ingenio Site and you will not circumvent or attempt to circumvent the Site using third-party payment services.
You shall not attempt to contact a Member outside of the Ingenio Platform or contact a Member outside of the Ingenio Platform.
6. You agree that you will not provide Coaching Services to more than one person or Member on any given call, unless the nature of the coaching involves couples or direct family members who all consent to participating on the call. Otherwise, you agree not to take or answer groups calls (and agree to terminate such call and report the incident to Ingenio by filling out a Support Form and selecting "Play Fair Inquiry" from the drop down menu) if you know or have reason to believe that (i) the individual on the call is a non-Member or (ii) there is more than one person on the call receiving the Coaching Services.
7. You will not offer any listings or Coaching Services that contain language, content, images or themes of an adult, vulgar, profane or controversial nature (collectively, "Adult Content").
Adult Content includes, but is not limited to:
8. You will not in your listing any external advertisement or window, or create or include links to other sites or locations involving e-commerce, marketing, solicitation or sale of any items of any kind, whether related to or outside the scope of your Coaching Services listing.
9. You will not create or use Coaching Services listings for purposes of redirecting Members to other sites or to other categories in the Ingenio Site or circumvent your agreements with Ingenio.
10. You will not create frivolous listings, repetitive listings placed across multiple categories or listings that are irrelevant to the categories under which they are created. You may not create more than one (1) live advice listing per topic. For Recorded Advice calls, you may not create more than twenty (20) listings in total on the Site.
11. You will not record or otherwise store any calls (in whole or in part) that you conduct with a Member. You are advised that in some States recording calls without the consent of all parties on the call is unlawful or may be grounds for criminal prosecution. Coaches however, may provide pre-recorded voice Coaching Services (each, a "Recorded Listing" as described further on the Help page of the Site) to Members in accordance with this Policy for Coaches.
12. Ingenio owns and retains all rights in or to its trademarks, trade names, service marks, logos and/or slogans, whether now existing or hereafter created, including but not limited to Ingenio, Knowledge On Call, Ingenio Knowledge On Call, LiveAdvice, Live!Leads and the designs for Ingenio, Call Now, Recorded Listing, Telephone Off The Hook and Send Mail (collectively, "Ingenio Trademarks"). Coaches may not use, reproduce or copy for commercial purposes any Trademarks in or for, without limitation, advertising, press releases or other marketing materials, without the express written permission of Ingenio. Nothing in this Policy for Coaches or related agreements shall be construed as granting a Coach any rights in or license to use Ingenio Trademarks.
13. Ingenio does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information and other products or services provided by Coaches or Members, or any specific Member, Coach or Coaching Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Coach or group of Coaches by Ingenio. You will not offer listings, create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information, containing or suggesting an endorsement by Ingenio of you, your listings or your Coaching Services. Ingenio reserves the right to warn, suspend or terminate at any time and without notice a Member account which it determines, in its sole discretion, is transmitting or is otherwise connected with such prohibited endorsement.
14. You agree to hold Ingenio harmless regarding your use of the Site.
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY INGENIO, AND ITS EMPLOYEES, CONTRACTORS, CONSULTANTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF COACHING SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED. In each case, Ingenio will provide you with written notice of such claim, suit or action. Ingenio shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.
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