Terms and Conditions of Sale

1. Who we are and what these terms cover

These Terms and Conditions of Sale ("Terms") govern all purchases of coaching services, digital products, programs, and other offerings (together, the "Services") made from Pinnacle Potential LLC ("Pinnacle Potential," "we," "us," or "our"), a limited liability company organized under the laws of New York, with its principal place of business at 418 Broadway, Suite N, Albany, NY 12207.

"Client" or "you" means any individual or entity that completes a purchase through our checkout, whether paid by credit card, debit card, or another accepted method.

These Terms apply to purchases made on our websites and checkout pages, including pages hosted on charu-aggarwal.com, assessment.charu-aggarwal.com, and any checkout, order form, or member area we operate through our third party platform providers.

2. Eligibility and age

You must be at least 18 years old and legally capable of entering into a binding agreement to purchase or participate in the Services.

3. Placing an order

Submitting an order through our checkout is an offer to purchase, and constitutes your full and unreserved acceptance of these Terms. A contract is formed when we send you an order confirmation by email. We may decline or cancel any order, and will refund any amount already charged if we do.

4. Prices and taxes

All prices are stated in U.S. dollars (USD) and exclude applicable sales, use, value-added, or similar transaction taxes unless otherwise stated. Applicable sales, use, value-added, or similar transaction taxes may be added or collected where required by applicable law.

We may change prices at any time. The price applicable to your purchase is the price displayed at the time you place your order. Promotional pricing, discounts, and coupon codes are valid only for the stated period and cannot be applied retroactively.

5. Payment

Payment is due in full at the time of order unless a payment plan is expressly offered and selected at checkout.

• We accept the credit and debit cards displayed at checkout. Card payments are processed by Stripe (and/or PayPal, where offered). We do not receive or store your full card number.
• By submitting payment information, you represent that you are authorized to use the payment method and that the information you provide is accurate.
• Payment plans. If you select a payment plan, you authorize us to charge the remaining installments automatically on the stated schedule. Selecting a payment plan does not reduce your total obligation. The full balance remains due even if you stop participating.
• Failed payments. If a payment fails, we may retry the charge, suspend access to the Services until the balance is cured, and recover reasonable costs of collection permitted by law.
• Chargebacks. If you dispute a charge with your card issuer instead of contacting us first, we may suspend access pending resolution. We encourage you to contact us first so that we have an opportunity to resolve any billing concern. Nothing in these Terms restricts any rights you may have under applicable law or your card issuer's rules. We reserve the right to contest chargebacks that we reasonably believe are improper and to provide documentation concerning the purchase and delivery of the Services.

6. Delivery and access

• Digital products (guides, workbooks, assessments, recordings) are delivered electronically, usually immediately after purchase, by download link or by access to a member portal. It is your responsibility to enter a valid, monitored email address at checkout. Access periods, where applicable, are as stated on the applicable sales page. Unless expressly stated otherwise, purchase does not guarantee lifetime access to a hosted platform or member portal. You are responsible for downloading and retaining copies of downloadable materials made available to you.
• Coaching sessions are delivered live by video conference or telephone, at times scheduled through our booking system.
• Programs and courses are delivered on the schedule described on the applicable sales page.

We are not responsible for delivery failures caused by an incorrect email address you supplied, or by your email provider's spam filtering.

7. Scheduling, rescheduling, cancellations, and expiry

• Booking. Sessions must be booked through the scheduling link provided after purchase.
• Rescheduling. You may reschedule a session at no charge with at least 48 hours notice.
• Late cancellation and no shows. A session cancelled with less than 48 hours notice, or missed without notice, is treated as delivered and is forfeited. If you are more than 15 minutes late, we may treat the session as a no show.
• Expiry. Sessions in a multi session package must be used within 180 days of purchase. Unused sessions after that date expire without refund unless we agree otherwise in writing.
• Our rescheduling. If we need to reschedule, we will make reasonable efforts to provide an alternative date or time. If we cancel a paid session and are unable to provide a reasonable replacement, we will refund the amount paid for that session.

8. Refunds

Except where required by applicable law or where a specific sales page expressly states otherwise, all purchases are final and non-refundable.

Digital Products

Because digital products, assessments, guides, workbooks, recordings, templates, and downloadable materials are made available electronically following purchase, purchases of digital products are non-refundable once access has been provided or the product has been made available for download, except where otherwise required by applicable law.

Coaching, Programs, and Services

Fees paid for coaching, programs, courses, workshops, and other Services are non-refundable once delivery of the applicable Service has begun, except where otherwise expressly stated in writing or required by law.

Your decision not to participate, complete the program, attend scheduled sessions, use the materials, or implement the strategies provided does not create a right to a refund.

If Pinnacle Potential LLC cancels a paid Service and is unable to provide a reasonable replacement, rescheduled service, or substantially equivalent alternative, we will refund the amount paid for the portion of the Service that was not provided.

Payment Plans

A payment plan is a method of paying the total purchase price in installments and is not a month-to-month subscription. Stopping participation or use of the Services does not cancel remaining installment payments.

Guarantees

A refund, satisfaction guarantee, or results-based guarantee applies only when expressly stated on the applicable sales page. Any such guarantee is governed exclusively by the eligibility requirements and procedures stated with that particular offer.

Nothing in this section limits any refund, cancellation, or other consumer right that cannot lawfully be waived.

9. Nature of the Services: important disclaimers

Coaching is not therapy, medical care, or professional advice.

Pinnacle Potential provides leadership and life coaching. The Services are educational and developmental in nature. They are not psychotherapy, counseling, mental health treatment, medical care, substance abuse treatment, legal advice, tax advice, or financial or investment advice, and are not a substitute for any of these. We are not acting as your therapist, physician, attorney, accountant, or fiduciary.

If you are experiencing a medical or mental health condition or crisis, seek care from a licensed professional. In an emergency in the United States, call 911 or 988 (Suicide and Crisis Lifeline).

No guarantee of results.

Coaching outcomes depend on your own effort, decisions, circumstances, and follow through. We make no representation, warranty, or guarantee regarding any specific result, including career advancement, promotion, compensation, revenue, or personal outcome. Any examples, testimonials, or case studies describe individual experiences and are not a promise or typical result.

You retain responsibility.

You are solely responsible for the decisions you make and the actions you take, or fail to take, during and after the engagement.

10. Client conduct and mutual respect

You agree to arrive prepared, to communicate honestly, and to treat us and any other participants with respect. We may suspend or terminate the Services, without refund, for abusive, harassing, discriminatory, or disruptive conduct, or for a material breach of these Terms.

11. Confidentiality

We treat the substance of coaching conversations as confidential and will not disclose it except: with your written permission; in de identified or anonymized form; to our own service providers under confidentiality obligations; or where disclosure is required by law, or where we reasonably believe disclosure is necessary to prevent serious harm to you or another person. Coaching is not a legally privileged relationship under New York law in the way that attorney client or licensed therapist patient communications are.

If group programs are involved, you agree to keep other participants' disclosures confidential.

12. Intellectual property

All materials provided in connection with the Services, including our proprietary frameworks and methodologies (such as the Pinnacle Five Method™), workbooks, assessments, slides, recordings, written content, graphics, and other materials, are owned by Pinnacle Potential LLC or its licensors and are protected by applicable U.S. copyright, trademark, and other intellectual property laws.

You receive a limited, personal, non exclusive, non transferable, revocable license to use these materials for your own individual, non commercial development. You may not copy, resell, distribute, publish, record, sublicense, or use them to build or teach a competing program without our prior written consent.

You may not record any session without our prior written consent. Where we record a session and share it with you, the recording is licensed on the same terms.

13. Communications consent

By providing your email address, you consent to receive transactional emails relating to your purchase, and to receive marketing emails about our programs and offers. You may unsubscribe from marketing emails at any time using the link in each email. Transactional emails will continue while you have an active purchase.

If you provide a mobile number and separately opt in, you consent to receive text messages, which may be sent using an automated system. Consent to marketing texts is not a condition of purchase. Message and data rates may apply. Reply STOP to opt out.

14. Privacy and personal data

Our collection and use of personal information is described in our Privacy Policy.

If you would like to access, correct, or delete the personal information we hold about you, email us at [email protected]. We will respond to verified privacy requests within the time required by applicable law. Certain rights, including those under the California Consumer Privacy Act and the EU and UK General Data Protection Regulation, apply only where those laws cover you and us.

15. Third party services

The Services rely on third party platforms, including our checkout and hosting provider, Stripe, our scheduling tool, and video conferencing software. We are not responsible for the availability, security, or acts of these providers, and their own terms and privacy policies apply to your use of them.

16. Disclaimer of warranties

Except as expressly stated in these Terms, the Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the Services will be uninterrupted, error free, or will meet your expectations.

17. Limitation of liability

To the fullest extent permitted by New York law:

• Pinnacle Potential LLC and its members, officers, employees, and contractors are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or loss of goodwill, even if advised of the possibility.
• Our total aggregate liability arising out of or relating to these Terms or the Services, on any theory of liability, will not exceed the amount actually paid by you for the specific Service giving rise to the claim.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. Nothing here limits liability for fraud, willful misconduct, or any liability that cannot be limited by law.

18. Indemnification

You agree to indemnify and hold harmless Pinnacle Potential LLC, its members, officers, employees, and contractors from third-party claims, losses, liabilities, damages, and reasonable attorneys' fees arising from your material breach of these Terms, misuse of our materials, or violation of applicable law or a third party's rights.

19. Force majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, illness, power or internet outages, platform failures, labor disputes, government action, or public health emergencies. We will reschedule affected sessions in good faith.

20. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of New York, without regard to conflict-of-laws principles, except that the Federal Arbitration Act, 9 U.S.C. §§ 1–16, will govern the interpretation and enforcement of the arbitration provisions below to the extent applicable.

Informal Resolution

Before either party initiates arbitration or litigation, the party asserting a dispute must provide written notice describing the nature of the dispute, the relevant facts, and the relief requested. The parties will then attempt in good faith to resolve the dispute informally for thirty (30) days.

Nothing in this requirement prevents either party from seeking temporary or emergency relief when reasonably necessary to prevent imminent harm or protect intellectual property, confidential information, or other legal rights.

Small Claims

Either party may bring an individual claim in a small claims court having jurisdiction over the dispute instead of arbitration.

Individual Arbitration

Except for matters eligible for small claims court or requests for temporary or emergency injunctive relief, any dispute that is not resolved through the informal-resolution process will, to the fullest extent permitted by applicable law, be resolved through final and binding individual arbitration administered by the American Arbitration Association ("AAA").

If the Client is purchasing primarily for personal, family, or household purposes, the AAA Consumer Arbitration Rules in effect when the arbitration is commenced will apply. For a commercial or business purchase, the applicable AAA Commercial Arbitration Rules will apply.

The arbitration will be conducted before one neutral arbitrator. Unless the parties agree otherwise or applicable AAA rules require otherwise, the arbitration may be conducted remotely by video conference. Arbitration fees and costs will be allocated according to the applicable AAA rules and applicable law.

The arbitrator may award any individual remedy that would otherwise be available in court. Judgment on the arbitration award may be entered in any court having jurisdiction.

Court Proceedings

If a dispute is determined not to be subject to arbitration, the parties consent to the jurisdiction of the state and federal courts located in New York, subject to any jurisdiction or venue rights that cannot lawfully be waived by a consumer.

Severability

If any portion of this dispute-resolution section is held invalid or unenforceable, it will be severed or limited only to the minimum extent necessary, and the remaining provisions will remain in effect to the fullest extent permitted by law.

21. Changes to these Terms

We may update these Terms at any time by posting a revised version with a new "Last updated" date. The version in effect at the time of your purchase governs that purchase.

22. General

These Terms, together with the applicable sales page description, form the entire agreement between us regarding the Services. If any provision is found unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Sections 9, 11, 12, and 16 through 20 survive termination.

23. Contact