MatchWit Creative LLC
Terms of Service Agreement
Effective Date: September 17th, 2024

1. Introduction

The SheaPetaja.Com website, including its content and associated services (collectively “Website”), is owned and operated by MatchWit Creative LLC (“MatchWit Creative”, “our”, “us”, “we”), a Michigan Limited Liability Company with its principal place of business in Traverse City, Michigan.  

This Terms of Service Agreement (“Agreement”) is meant to inform you (“User(s)”) of your rights and duties while using the Website and when contracting with MatchWit Creative for Coaching Services.  MatchWit Creative encourages you to review this Agreement carefully. By either accessing this Website or entering into a client/attorney relationship with MatchWit Creative, you agree to be bound by the terms and conditions of this Agreement.  If you do not agree with the terms and conditions of this Agreement, you are prohibited from using the Website and must discontinue use immediately.

2. Definitions

As used in this Agreement:

  • “Clients” means individuals that have entered into a coach/client relationship with MatchWit Creative by signing a client agreement and paying a fee.

  • “Client Agreement” means the contract entered with MatchWit Creative for Coaching Services.

  • “User(s)” means all individuals that visit and access the Website, including Clients.

  • “You / Your / You’re” means Users. 

  • “Coaching Services” mean life and business coaching services provided by MatchWit Creative to Clients pursuant to a Client Contract. 

3. No Medical or Psychiatric Advice

The Website is made available for general information only and does not constitute or replace formal Coaching Services. Clients acknowledge that the Coaching Services provided by MatchWit Creative are not intended to be, nor should they be construed as, medical, psychological, or psychiatric advice, diagnosis, or treatment.  MatchWit Creative is not a licensed healthcare provider and does not offer medical or mental health services. The Client is responsible for seeking the advice of a qualified healthcare professional for any medical or psychological concerns. Coaching Services are intended to support personal growth and self-improvement, and are not a substitute for professional medical or psychological care.

4. Confidentiality

MatchWit agrees to keep all information shared by the Client pursuant to any Coaching Services confidential. This includes personal, professional, or business-related information discussed during sessions. MatchWit will not disclose any of the Client’s information to third parties without the Client’s explicit written consent, except as required by law or in situations where there is a reasonable belief that disclosure is necessary to prevent harm to the Client or others. The Client acknowledges that the Coaching Services are not subject to the same legal standards of confidentiality as professional therapy or counseling, and that any communications may not be protected by legal privilege.

5. User Warranties and Representations

Users warrant and represent that:

  • You have the right and legal capacity to enter into this Agreement.

  • You have no conflicts in agreeing to the terms and conditions of this Agreement. 

  • You are a human individual that is 18 years of age or older.

  • You will provide accurate and valid information to MatchWit Creative.

  • You agree to comply in good faith with the terms and conditions of this Agreement.

6. Website Use

Visiting and using the Website is free.  The Website provides general information about MatchWit Creative and its Coaching Services, including a blog and podcast. When contacting MatchWit Creative either via email or via contact form, you are agreeing to receive e-mail notifications from MatchWit Creative.  You may opt out of these email notifications at any time by informing MatchWit Creative at the contact email below or selecting unsubscribe within the email notification.  You can learn more about MatchWit Creative’s use of your email address by visiting the Privacy Policy.

You have a duty to ensure that information provided through the Website is truthful, current, complete, and accurate.  You are prohibited from providing information that in any way impersonates another person or otherwise violates the rights of a third-party.  MatchWit Creative does not endorse or discriminate against you based upon any information provided by you through the Website.

MatchWit Creative reserves the right to restrict access to, monitor, suspend, disable, or delete a User’s access to the Website at any time, in its sole discretion, without prior warning.

7. Website Ownership and License

You acknowledge and agree that MatchWit Creative is the owner of – and has rights to – the Website and its associated content, including all intellectual property rights.  MatchWit Creative hereby grants you a limited, non-exclusive, non-sublicensable, royalty-free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement will result in termination of this license. Absent prior written permission from MatchWit Creative, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content.  This license is revocable at any time, and any rights not expressly granted herein are reserved to MatchWit Creative.

8. Intellectual Property 

All trademarks and copyrights displayed on the Website are property of their respective owners.  All MatchWit Creative trademarks are the property of MatchWit Creative, including, but not limited to, MATCHWIT CREATIVE, SHEA PETAJA, HOLY SH/FT and as all MatchWit Creative logos.  The Website, including its look and feel, color selections, layout, and arrangement is the trade dress of MatchWit Creative.  You are prohibited from using MatchWit Creative’s trademarks, service marks, and trade dress – or any colorable imitation therefor – to indicate source, sponsorship, approval, affiliation, connection, and/or association with your goods or services without the prior written consent of MatchWit Creative

9. Purchases

Clients have the option to pay for Coaching Services electronically via debit card or credit card.  All Electronic Payments are processed through Quickbooks, which serves as a third-party payment processor.  All Electronic Payments made by Clients are bound by Quickbooks Terms of Service located here: 

10. Refund Policy

MatchWit Creative only provides refunds to Clients for Coaching Services not-yet-performed.  For Clients where Coaching Services have already been partially rendered, refund amounts will vary on a case-by-case basis.  Clients should consult their Client Contract for more information related to refunds. 

11. Prohibited Uses

Users shall not use the Website or Coaching Services to:

  • Violate any law, statute, ordinance, regulation, or treaty;

  • Violate the rights of third-parties;

  • Infringe upon the intellectual property rights of others;

  • Threaten or encourage bodily harm and/or destruction of property;

  • Perpetuate messages that are offensive, defamatory, derogatory, pornographic, or obscene;

  • Promote hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;

  • Incite illegal activity or unlawful sexual solicitation;

  • Raise support or defense for anyone alleged to be involved in a criminal activity;

  • Impersonate another or commit fraud;

  • Solicit commercial endeavors, a phishing scam, or pyramid scheme;

  • Collect personal or personally identifiable information from others;

  • Use a robot, spider, scraper, or other automated technology;

  • Impose a disproportionate load on the Website or its server infrastructure or otherwise attempt to interfere with the operation of the Website;

  • Circumvent MatchWit Creative’s technological and physical security measures;

  • Violate any term or condition of this Agreement; or

  • Post and/or transmit content that violates any of the above.

12. Disclaimer of Warranties

MatchWit Creative disclaims responsibility for any harm and/or liability arising out of or related to your use of the Website and/or Coaching Services provided.  MatchWit Creative provides the Website and Coaching Services AS-IS without any warranty of any kind, whether express, implied, or statutory, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, non-infringement, or quality. 

MatchWit Creative will not be held liable or responsible for any content posted to the Website, including, but not limited to, any third-party links and/or content transmitted through the Website.  MatchWit Creative is a service provider and does not assume responsibility for any error, omission, interruption, deletion, defect, alteration, and/or destruction of identity. MatchWit Creative will not be liable for network, internet, computer, hardware, or software program malfunctions, failure, delays, or difficulties with the Website at any time. 

MatchWit Creative reserve the right to discontinue the Website and/or Coaching Services at any time.

13. Limitation of Liability

MatchWit Creative will not be liable to you under any legal theory for damages, claims, injuries, judgments, costs, or liabilities arising out of or related to your use or misuse of the Website or Coaching Services, including, but not limited to: loss of business, loss of income, special damages, incidental damages, consequential damages, punitive damages, or exemplary damages. You understand and agree the maximum amount that MatchWit Creative can be held liable to you under any circumstances is the amount that you paid for Coaching Services (if any), which will not exceed $500.  If no amount is paid by you to MatchWit Creative, you agree that you will be limited to injunctive relief only unless otherwise permitted by law. 

The Website may contain technical inaccuracies or typographical errors or omissions.  MatchWit Creative is not responsible for any such typographical, technical, and/or pricing errors listed on the website. 

14. Limitation on Actions

MatchWit Creative and you both agree that any cause of action arising out of or related to the Website or any Coaching Services purchased therefrom must commence within one (1) year after the cause of action accrues.  Failure to assert said cause of action within one year will permanently bar any and all relief.

You will only be permitted to pursue claims against MatchWit Creative on an individual basis - not as a plaintiff or class member in any class action.  You will only be permitted to seek relief (including monetary, injunctive, and/or declaratory relief) on an individual basis.

15. Indemnification

You agree to hold harmless, indemnify, and defend MatchWit Creative, its officers, employees, agents, successors, and assignees, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any Coaching Services, your reliance upon advice provided through the Website or through Coaching Services, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend MatchWit Creative under the terms of this Agreement will not provide you with the right to control MatchWit Creative’s defense, and MatchWit Creative reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify MatchWit Creative.

16. Governing Law & Jurisdiction

This Agreement will be interpreted, governed, construed, and enforced in accordance with the laws of the United States of America and the State of Michigan without giving effect to any conflict of law principles.  You and MatchWit Creative agree to personal jurisdiction in Michigan, with the venue proper in Traverse City, Michigan.

17. Dispute Resolution

It is the intention of you and MatchWit Creative to use reasonable best efforts to informally resolve, where possible, any dispute, claim, demand, and/or controversy arising out of the Website or Coaching Services by mutual negotiation and cooperation, a period of which shall be no less than thirty (30) days from first notice of any such dispute.

In the event that you and MatchWit Creative are unable to informally resolve any such dispute, you and MatchWit Creative agree to arbitrate any controversy, claim, or dispute arising out of or relating to this Agreement or the Coaching Services.  Arbitration under this Agreement will be held in Traverse City, Michigan, and in accordance with the most recently effective Commercial Arbitration Rules of the American Arbitration Association.  The arbitration proceeding shall be decided by a single arbitrator and the arbitrator will decide the arbitration by applying the laws and legal principles of Michigan and the federal laws of the United States.

18. Mobile Devices

The Website is fully accessible via a mobile device.  To the extent you access the Website through a mobile device, some features and functionalities may look different.  Further, your wireless carrier’s standard charges, rates, and fees may apply.  MatchWit Creative is not responsible for any fees or errors that occur while accessing the Website via mobile device. 

19. Third Party Links

The Website may contain links to third party websites, applications, and/or services that MatchWit Creative does not own or control.  You agree that MatchWit Creative will not be held responsible, or liable, for the content of third-party websites, applications, and/or services and that MatchWit Creative’s inclusion of those websites, applications, and/or services within its Website does not constitute MatchWit Creative’s endorsement of, of affiliation with, any of those websites, applications, and/or services. 

20. No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement.  MatchWit Creative may assign its rights and obligations under this Agreement at any time, including but not limited to, in a sale of the Website.

21.Modification

MatchWit Creative reserves the right, in its sole and absolute discretion, to modify, limit, change, discontinue, or replace the Website or this Agreement at any time.  Your continued use of the Website after said modification, limitation, change, or replacement constitutes your manifestation of asset to the same.

22. Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

23. Integration

MatchWit Creative hereby incorporates its Privacy Policy into this Agreement, as well as any signed Client Contracts.  This Agreement, the incorporated Privacy Policy, and any Client Contract entered by a Client, constitute the entire Agreement.

24. Reservation of Rights

All rights not expressly granted herein are reserved to MatchWit Creative.

25. Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation.  MatchWit Creative may terminate this Agreement – and any Coaching Services provided hereunder– without liability at any time, without notice, and for any reason. 

26. Notices

All notices which are required under this Agreement shall be in writing and considered sufficient if delivered via email to spetaja@gmail.com.