TERMS AND CONDITIONS FOR THERESA MOLONEY COACHING INC.
Effective Date: November 29, 2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING OR USING ANY OF OUR PROGRAMS, PRODUCTS, OR SERVICES.
For questions about these Terms, contact us before using our Programs, Products, or Services.
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
"Agreement" or "Terms" means these Terms and Conditions, as may be amended from time to time.
"Client", "you", "your", or "Member" means any individual who purchases, enrolls in, or uses any of our Programs, Products, or Services.
"Company", "TMC Inc.", "we", "us", or "our" means Theresa Moloney Coaching Inc., a corporation incorporated under the laws of Canada.
"Community" means any private online forum, group, or platform (including Facebook groups or membership forums) where Members can interact.
"Content" means all materials provided through our Programs, Products, and Services, including videos, audio recordings, workout programs, nutritional guidance, educational materials, recipes, templates, handouts, transcripts, and recorded calls.
"Group Programs" means our Menopause Reset program and any future group coaching programs.
"Lifetime Access" means access to Program Materials for as long as we continue to offer and maintain the specific program or product you purchased—not for your natural lifetime, but for the commercial lifetime of the program as we determine in our sole discretion.
"One-on-One Programs" means our StrongHer Program and any other individual coaching services.
"Payment Plan" means an installment payment arrangement where the full program fee is divided into multiple payments over a specified period.
"Program Materials" means any and all Content, materials, resources, and access provided as part of our Programs, Products, and Services.
"Programs, Products, and Services" means all paid and free programs, courses, coaching services, downloadable products, membership sites, workshops, and any other offerings we provide, whether delivered online, in-person, or through any other medium.
"Subscription Services" means any recurring payment programs, including our post-program support membership.
1.2 Interpretation
Unless the context requires otherwise: (a) headings are for convenience only; (b) singular includes plural and vice versa; (c) "including" means "including without limitation"; and (d) all dollar amounts are in United States Dollars (USD).
2. ACCEPTANCE OF TERMS
2.1 Agreement to Terms
By purchasing or using our Programs, Products, or Services, you agree to be bound by these Terms. If you do not agree, you must not use our offerings.
2.2 Age Requirement
You must be at least 18 years of age to use our Programs, Products, and Services.
2.3 Modifications
We may modify these Terms at any time. Material changes will be communicated to current Members with reasonable advance notice. Your continued use after changes constitutes acceptance of the modified Terms.
2.4 Checkbox Acknowledgment
When making a purchase, you must check a box confirming you have read and agree to these Terms. This is a condition of purchase.
3. DESCRIPTION OF PROGRAMS, PRODUCTS, AND SERVICES
3.1 Our Offerings
We offer health, fitness, and wellness programs for women, focusing on menopause, hormone balance, fitness, and nutrition, including:
(a) Group Programs: an example of which is our six-week Menopause Reset program which includes:
Access to a membership portal with educational content and workout videos
Private Facebook group for community support
Weekly live group coaching calls via Zoom with recordings provided
Lifetime access to the portal (active participation in Facebook group and live calls ends after six weeks)
(b) One-on-One Programs: an example of which is our 16-week StrongHer Program which includes:
Weekly or bi-weekly individual coaching sessions via Zoom
Customized workout programming and nutritional guidance
Food journal review with personalized feedback via Loom recordings
Direct access via Voxer for questions and support
Lifetime access to program materials
(c) Digital Products: Including workout programs, recipe books, and educational materials
(d) Individual Coaching Sessions: For existing clients only
(e) Subscription Services: Post-program support membership with group office hours
(f) Future Offerings: We may add new programs, products, or services at any time
3.2 Educational Nature
All Programs, Products, and Services are for educational and informational purposes only. We are not medical professionals. Nothing we provide constitutes medical advice, diagnosis, or treatment.
3.3 Scheduled Call Times
Group Programs: Call times are scheduled at the beginning of each program cycle and may be changed with reasonable notice. Call times and weekly schedules may change to accommodate holiday periods or other periods of closure.
Individual Coaching: Session times are scheduled by mutual agreement
Recordings: All scheduled calls are recorded and provided to Members within 48-72 hours
Rescheduling: Requires at least 24 hours' notice (see Section 4.9)
4. PURCHASE AND PAYMENT TERMS
4.1 Pricing and Currency
All prices are in USD unless stated otherwise. Prices may change at any time without notice, but will not affect completed purchases or existing Payment Plans.
4.2 No Retroactive Price Adjustments
If you purchase at regular price and we subsequently offer a sale or discount, you are not entitled to a refund or credit for the difference. We do not offer price matching or retroactive promotional codes.
4.3 Payment Authorization
By providing payment information, you authorize us to charge your payment method for the full purchase price. You represent that you have the legal right to use the payment method and that all information provided is accurate.
4.4 Payment Processing
Payments are processed through third-party processors (including Stripe and PayPal) with their own terms of service. We share necessary information with processors to complete transactions but are not responsible for processor errors or issues.
4.5 Payment Plans
(a) Full Amount Due Upon Enrollment: The full purchase price becomes due upon enrollment, regardless of the payment schedule. Payment Plans are a courtesy installment option, not a contract for partial services.
(b) Automatic Payments: You authorize automatic recurring charges according to the payment schedule.
(c) Failed Payments: If a payment fails, you have a 2-business-day grace period to update payment information. After that, we may suspend access, terminate enrollment, pursue collection, or report to credit bureaus.
(d) No Cancellation of Payment Obligation: Enrolling in a Payment Plan does not give you the right to cancel or stop payments. If you withdraw, are terminated, or stop participating, you remain obligated to pay all remaining installments. The full balance becomes immediately due upon termination.
(e) No Refunds: Payment Plan purchases are subject to the same no-refund policy as full upfront payments.
(f) Collection Rights: If you fail to make payments, we may engage collection agencies, report to credit bureaus, pursue legal action, and charge you for all collection costs including attorney's fees.
4.6 Appointment Cancellation and No-Show Policy
For programs with individual sessions:
Rescheduling/Cancellation: Requires at least 24 hours' advance notice. If your session is with Theresa Moloney, you should send your request to cancel or reschedule to [email protected]. If your session is with someone other than Theresa Moloney, you should send your request to [email protected].
Last-Minute Cancellations (less than 24 hours): Session is forfeited. A makeup session may be offered at our sole discretion depending on the circumstances.
No-Shows: Session is forfeited with no makeup and counts toward your total included sessions
5. REFUND POLICY
5.1 No Refunds
ALL PURCHASES ARE FINAL AND NON-REFUNDABLE except where required by consumer protection law. By purchasing, you acknowledge:
You have had sufficient opportunity to review information before purchasing
You understand what you are purchasing
You will not be entitled to a refund for any reason, including change of mind, failure to use the program, dissatisfaction with results, personal circumstances, schedule conflicts, or technical difficulties
5.2 Digital Products
Non-refundable once accessed or downloaded, as you receive full value immediately.
5.3 Group Programs
Non-refundable because you receive immediate access to the portal, materials, Community, and your enrollment reserves a space in the program.
5.4 One-on-One Programs
Non-refundable because coaching spots are limited, your enrollment reserves dedicated time, and resources are available immediately.
5.5 Payment Plan Purchases
No-refund policy applies equally. You remain obligated to complete all remaining payments even if you have not completed the program.
5.6 Lifetime Access
"Lifetime Access" means access for as long as we continue to offer and maintain the program—not your natural lifetime. We may discontinue any program at any time for any reason. If we discontinue a program, you are not entitled to a refund. When feasible, we will provide advance notice (typically 30-90 days) and an opportunity to download materials.
5.7 Subscription Services
Subscription fees for the current billing period are non-refundable. You may cancel to prevent future charges (see Section 10) but will not receive a refund for the current period.
5.8 Chargebacks
Initiating a chargeback without first contacting us constitutes a material breach. If you initiate a chargeback:
Your access is immediately terminated
We may pursue collection of amounts owed plus fees and costs
We may report the incident to credit agencies and chargeback databases
This may negatively impact your credit score and business relationships
Before initiating any chargeback, contact us at [email protected] to resolve concerns.
5.9 Consumer Protection Laws
Nothing in this policy limits consumer rights you may have under applicable consumer protection legislation.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Ownership
All Content and Program Materials are owned by or licensed to TMC Inc. and protected by intellectual property laws.
6.2 Limited License
You receive only a limited, personal, non-exclusive, non-transferable, revocable license to access and use Program Materials for your personal, non-commercial use.
6.3 Prohibited Uses
You may NOT:
Copy, reproduce, distribute, publish, sell, or share our Content or Program Materials
Share your login credentials or account access
Create derivative works or base your own programs on our Content
Use any materials for commercial purposes or in any way that generates income
Create competing programs, courses, or coaching services based on our methods
Use our workout programs, recipes, or educational content with your own clients
Record, screenshot, or capture live calls or Community interactions without permission
Remove copyright notices or attribution
Use automated means to access or collect Content, or use Content to train AI systems
Circumvent security features or access controls
6.4 Violation of any restriction in Section 6.3 constitutes theft, infringement, and material breach, and may result in immediate termination, legal action, and referral to law enforcement.
6.5 Template and Workout Use
You may use templates, worksheets, meal plans, and workout programs for your own personal use only—never for commercial purposes or with your own clients.
6.6 Your License to Us
By posting in our Community or submitting materials (such as food journals, testimonials, or progress photos), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content for operating our business and marketing purposes. However, we will request specific permission before using your name or identifiable information in marketing. You may revoke this license with 30 days' written notice to [email protected]
6.7 No Generative AI Training
You have no rights to use our Content or Program Materials to train artificial intelligence or machine learning systems without our explicit written permission.
7. USER CONDUCT AND COMMUNITY GUIDELINES
7.1 General Conduct
You agree to act respectfully, use our offerings for their intended purposes, provide accurate information, follow all laws, respect others' privacy, and maintain account security.
7.2 Community Guidelines
For Group Programs with Community participation, you agree to:
(a) Respectful Communication: Treat all Members and staff with respect. No harassment, bullying, discrimination, hate speech, personal attacks, or abusive behavior.
(b) Appropriate Content: Keep posts relevant to program topics. No spam, illegal content, misinformation (especially about health), excessive profanity, or objectionable material.
(c) No Self-Promotion: No promotional posts, advertisements, affiliate links, or recruiting Members for your business.
(d) Confidentiality: What happens in the Community stays in the Community. Do not share others' posts, comments, photos, or personal information outside the Community. Do not screenshot or copy others' content.
(e) No Medical Advice: Do not provide medical advice or recommend specific medications/treatments to other Members.
(f) No Unauthorized Recording: Do not record live calls or Community interactions unless we provide authorized recordings.
7.3 Consequences for Violations
We may issue warnings, temporarily suspend access, permanently remove you from the Community, or terminate all access for violations. Serious violations (harassment, illegal content, spamming, sharing others' information) may result in immediate removal.
7.4 No Refunds for Violations
If your access is terminated for violations, you are not entitled to any refund and remain obligated to complete Payment Plan commitments.
7.5 Reporting
Report violations to [email protected]. Do not publicly confront other Members.
8. PARTICIPATION EXPECTATIONS AND MEDIA RELEASE
8.1 Your Responsibilities
For best results:
Actively engage with Program Materials
Communicate openly with your coach
For One-on-One Programs: Attend sessions, submit food journals weekly (where applicable), complete workouts, ask questions, and respond to communications timely
You acknowledge that your results depend primarily on your own effort and consistency. Inconsistent participation (such as failing to submit food journals or skipping workouts) will likely reduce program effectiveness, but does not entitle you to a refund.
8.2 Media Release
By participating, you grant us permission to photograph, video record, or audio record your participation and use these recordings, your name, likeness, voice, testimonials, and success stories in our marketing and promotional materials, including website content, social media, email marketing, advertisements, and case studies.
While you grant this general right, we will make reasonable efforts to request specific advance permission before using your full name or before/after photos and videos in featured marketing materials.
You acknowledge you will receive no compensation for this use. This license is worldwide, royalty-free, perpetual, irrevocable, and transferable.
9. HEALTH, WELLNESS, AND RESULTS DISCLAIMERS
9.1 Not Medical Advice
THE INFORMATION PROVIDED IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL, HEALTH, OR NUTRITIONAL ADVICE.
We are not medical professionals. We do not diagnose, treat, cure, prevent disease, or prescribe medications or supplements.
9.2 Consult Your Healthcare Provider
YOU MUST CONSULT YOUR PHYSICIAN OR HEALTHCARE PROVIDER BEFORE:
Starting any exercise program (especially if you have medical conditions, are pregnant, have heart disease, injuries, chronic conditions, haven't exercised recently, or take medications)
Making significant dietary changes
Starting any supplement regimen
Stopping or changing prescribed medications
9.3 Stop and Seek Medical Attention
Immediately stop exercise and seek medical attention if you experience chest pain, severe shortness of breath, dizziness, fainting, unusual fatigue, nausea during exercise, severe joint/muscle pain, or any concerning symptoms.
9.4 Assumption of Risk
YOU ASSUME ALL RISKS INCLUDING:
Risk of injury, strain, or physical harm from exercise
Risk of undiagnosed conditions that could be aggravated
Risk that your physical condition may not be suitable for recommended activities
Risk of exacerbating pre-existing injuries
Risk of equipment failure or improper use
You acknowledge you are participating at your own risk, we have encouraged you to consult healthcare providers, and you are voluntarily choosing to participate despite these risks.
9.5 No Guaranteed Results
WE MAKE NO GUARANTEES REGARDING RESULTS YOU WILL ACHIEVE.
Individual results vary significantly based on numerous factors including your starting point, consistency, effort, sleep, stress, medical conditions, medications, hormones, dietary choices, genetics, metabolism, fitness history, and lifestyle factors.
Testimonials and success stories represent individual experiences under specific circumstances and are not typical. Your results may be better, worse, or completely different.
9.6 Individual Responsibility
You are solely responsible for your health and wellness decisions. You should modify exercises to match your fitness level and physical limitations. Listen to your body and adjust accordingly. If you need medical or mental health treatment, seek care from appropriately licensed professionals.
9.7 Limitation of Liability
To the fullest extent permitted by law, we disclaim all liability for any injuries, damages, or adverse health effects from your participation. We are not liable for injuries sustained while exercising, adverse reactions to dietary changes or supplements, or exacerbation of pre-existing conditions.
9.8 Informed Consent
By purchasing and participating, you confirm you have read and understood these disclaimers, have had opportunity to consult healthcare providers, understand the risks, and voluntarily choose to participate despite these risks.
10. SUBSCRIPTION SERVICES AND CANCELLATION
10.1 Subscription Terms
For Subscription Services:
Billing frequency (monthly, quarterly, or annually) will be specified at enrollment
Subscriptions automatically renew unless you cancel before renewal
You authorize automatic recurring charges
We may change subscription prices with at least 30 days' notice; changes take effect on your next billing cycle
10.2 How to Cancel (U.S. Residents)
You may cancel at any time by:
Emailing [email protected] with "Cancel Subscription" in subject line
The cancellation process will be at least as easy as the sign-up process. You will not be required to jump through hoops.
10.3 Cancellation Effective Date
Cancellation takes effect at the end of your current billing period. You retain access until that date and will not receive a refund for the unused portion of the current period. You will receive email confirmation of your cancellation.
10.4 Non-U.S. Residents
Contact us at [email protected] with the subject line “Cancel Subscription” to cancel. Additional rights may apply based on your country's consumer protection laws.
10.5 Payment Plans and Cancellation
If you enrolled using a Payment Plan (e.g., paying annual rate in installments), canceling does not release you from completing Payment Plan obligations. You remain obligated to pay all remaining installments.
11. TECHNICAL ISSUES AND FORCE MAJEURE
11.1 Technology Dependencies
Our offerings are delivered through online platforms and technologies we do not fully control, including membership platforms, Zoom, Facebook, payment processors, email services, and cloud hosting.
11.2 No Guarantee of Uninterrupted Access
We do not guarantee uninterrupted or error-free access. We may perform maintenance, updates, or improvements that cause temporary unavailability.
11.3 Issues Beyond Our Control
We are not responsible for technical issues caused by:
Third-party platform problems
Internet infrastructure issues
Your equipment, internet connection, browser, or device
Platform updates or policy changes by third parties
Security measures against cyberattacks
Force majeure events
11.4 Your Responsibilities
You are responsible for maintaining compatible equipment, up-to-date software/browsers, sufficient internet connection, and basic technical skills. If unable to attend live calls due to technical issues, access the provided recordings.
11.5 Support
Contact [email protected] for technical assistance. We can only support issues with our own platforms—not your personal equipment, internet connection, or third-party platforms.
11.6 No Refunds for Technical Issues
Technical issues do not entitle you to a refund. We will work to resolve issues and provide alternative access (such as recordings) where appropriate.
11.7 Force Majeure
We are not liable for failure or delay caused by circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, government actions, power outages, internet failures, cyberattacks, or failure of third-party providers. Force majeure events do not entitle you to refunds or release from payment obligations.
12. TERMINATION AND ACCOUNT SUSPENSION
12.1 Termination by You
You may stop using programs at any time, but stopping does not entitle you to a refund or release from Payment Plan obligations. For Subscription Services, you may cancel using the process set out at Section 10.
12.2 Termination by Us
We may immediately terminate or suspend your access if you:
Violate these Terms or Community Guidelines
Engage in harmful, disruptive, abusive, illegal, or fraudulent conduct
Initiate a chargeback without first contacting us
Fail to make payments within the grace period
Share account access
Use Content in prohibited ways
Engage in conduct detrimental to our Community or business
12.3 Effect of Termination
Upon termination:
All access is immediately revoked (or ends per applicable notice period)
You must stop using Program Materials
You must delete recordings, screenshots, and proprietary materials (except explicitly permitted materials like workouts you may keep)
You may keep personal notes and work you created
All outstanding amounts remain due immediately
You remain bound by intellectual property restrictions, confidentiality obligations, media release, payment obligations, and dispute resolution provisions
12.4 No Refunds Upon Termination
If we terminate for your violation, you forfeit all amounts paid, remain obligated to pay outstanding amounts, and receive no refund.
13. DISPUTE RESOLUTION AND LIMITATION OF LIABILITY
13.1 Complaint Procedure
Before initiating legal proceedings, contact us at [email protected] with details of your complaint. We will acknowledge receipt within 7 business days and respond with a proposed resolution within 10 business days. If our response doesn't resolve the issue, you may request escalation to senior management.
13.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) No Consequential Damages: We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, business interruption, loss of data, personal injury (except as required by law), or emotional distress.
(b) Cap on Liability: Our total liability to you shall not exceed the amount you paid us in the 12 months preceding the claim (or $100 USD if you paid nothing).
**(c) These limitations apply regardless of legal theory and even if we've been advised of possible damages, except for damages caused by our gross negligence or willful misconduct, liabilities that cannot be limited under law, death or personal injury caused by our negligence (where law doesn't allow limitation), and our indemnification obligations.
13.3 Disclaimer of Warranties
OUR PROGRAMS, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that our offerings will meet your requirements, achieve results, be uninterrupted or error-free, or be free of viruses.
13.4 Your Indemnification of Us
You agree to indemnify, defend, and hold harmless TMC Inc. and our officers, directors, employees, contractors, and agents from all claims, damages, losses, costs, and expenses (including attorney's fees) arising from:
Your use or misuse of our Programs, Products, or Services
Your violation of these Terms or applicable laws
Your violation of third-party rights
Content you post or submit
Your interactions with other Members
Injuries or damages while participating (to extent permitted by law)
Your unauthorized use of our intellectual property
Your sharing of Program Materials in violation of Section 6
13.5 Mediation and Arbitration
If informal negotiation doesn't resolve a dispute within 30 days, either party may request mediation. If mediation doesn't resolve the dispute within 60 days, the dispute shall be resolved by binding arbitration:
Conducted under commercial arbitration rules of Ontario, Canada
Single arbitrator selected by mutual agreement or appointed by a judge in the Ontario Superior Court of Justice
Held in Peterborough, Ontario, Canada
Each party bears own legal costs; arbitrator's fees shared equally unless arbitrator decides otherwise
Arbitrator's decision is final and binding
Judgment may be entered in any court of competent jurisdiction
13.6 Class Action Waiver
YOU AGREE THAT CLAIMS MUST BE BROUGHT INDIVIDUALLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over class proceedings.
13.7 Governing Law
These Terms are governed by the laws of Ontario, Canada and federal laws of Canada applicable therein, without regard to conflicts of law principles. For matters not subject to arbitration, you submit to the exclusive jurisdiction of Ontario courts.
14. GENERAL PROVISIONS
14.1 Entire Agreement
These Terms, together with any enrollment confirmation and program-specific addenda, constitute the entire agreement and supersede all prior understandings, agreements, representations, and communications.
14.2 Modifications
We may modify these Terms at any time. Material changes will be communicated with reasonable advance notice (typically 30 days). Continued use after changes constitutes acceptance. Current Terms are always available at https://theresamoloney.com/terms-and-privacy-4978 with the effective date at the top. No modification by you is binding unless in writing and signed by our authorized representative.
14.3 No Waiver
Our failure to enforce any provision does not waive that provision or any other provision or our right to enforce them in the future. Waivers must be in writing, signed by an authorized representative, and specifically identify the provision being waived.
14.4 Severability
If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it valid, or if that's not possible, severed. Remaining provisions continue in full force and effect.
14.5 Assignment
You may not assign your rights or obligations without our prior written consent. We may assign to any successor entity, affiliated entity, or in connection with corporate reorganization. Any permitted assignment is binding on successors.
14.6 Nature of Relationship
These Terms do not create any partnership, joint venture, employment, agency, or fiduciary relationship.
14.7 Notices
We may provide notices by email, website posting, or account dashboard. You are responsible for providing an accurate email address and checking email regularly. To provide notice to us, send written notice to [email protected] or 1480 Nassau Rd., Douro-Dummer, Ontario K9J 6Y1
14.8 Survival
The following survive termination: refund policy, intellectual property rights, media release, health disclaimers, effect of termination, dispute resolution, limitation of liability, and general provisions.
14.9 Acknowledgment
BY CLICKING "I ACCEPT," CHECKING THE ACCEPTANCE BOX, MAKING A PURCHASE, OR USING OUR PROGRAMS, PRODUCTS, OR SERVICES, YOU ACKNOWLEDGE THAT:
You have read and understand these Terms
You agree to be bound by these Terms
You have had opportunity to ask questions and seek legal advice
You are entering into a legally binding agreement
If you do not agree, do not use our Programs, Products, or Services.
LAST UPDATED: November 29, 2025
EFFECTIVE DATE: November 29, 2025