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www.NewDayChildCoaching.com

Be The Catalyst International LLC d/b/a NewDay Child Coaching

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The Site and its content are owned by Be The Catalyst International LLC d/b/a NewDay Child Coaching.

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These Terms & Conditions explain, outline, and set forth the rules, terms, and conditions governing the use, viewing, and/or browsing of the Site and/or the purchase or downloading of any course, program, service, product, quiz, report, or digital content offered on or by us or the Site, including but not limited to the PATHWise™ developmental quiz and any associated PATHWise™ paid digital report (collectively, "Products").

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By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at TeamNewDay@NewDayChildCoaching.com.

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You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content.

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1. Definitions

"Company," "We," "I," "Our," or "Us" means Be The Catalyst International LLC d/b/a NewDay Child Coaching and our website, www.NewDayChildCoaching.com.

 

"Content" means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Rachel May, Be The Catalyst International LLC d/b/a NewDay Child Coaching, and/or www.NewDayChildCoaching.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Be The Catalyst International LLC d/b/a NewDay Child Coaching and/or on www.NewDayChildCoaching.com, including but not limited to blog posts, graphics, newsletters, designs, documents, information, templates, quiz results, digital reports, and materials.

 

"PATHWise™ Quiz" means the free automated, algorithm-based developmental observation tool available on the Site. The PATHWise™ Quiz is not a clinical screening, evaluation, assessment, or diagnostic instrument. Quiz outputs are generated automatically based solely on parent- or caregiver-submitted responses and are not reviewed, interpreted, or approved by any licensed professional prior to delivery.

 

"PATHWise™ Report" means the paid digital report generated based on PATHWise™ Quiz responses. The PATHWise™ Report is a digital informational product and is subject to the same limitations and disclaimers as the PATHWise™ Quiz set forth herein. The PATHWise™ Report is offered at an introductory price of $27.00 USD at the time of initial purchase, advancing to $47.00 USD after twenty-four (24) hours. All pricing is subject to change without notice.

 

"Personal Information" means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context, including, but not limited to, your name, address, email address, telephone number, your age, and your child(ren)'s name(s) and age(s).

 

"Site," "Products," "Services," "Program," "Membership," and/or "Content" means www.NewDayChildCoaching.com, Content as defined herein, email list/newsletters, social media posts, blog posts, courses, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, handouts, social/community spaces, templates, quizzes, and digital reports available on or through the Site.

"Site" means www.NewDayChildCoaching.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

 

"Participant(s)," "You," or "Your" means the user, customer, or viewer of the Site.

 

2. Consent

By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions and our Privacy Policy.

By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.

 

3. Site Rules

By using the Site and/or making any Purchase, you hereby agree and consent not to:

• Abuse or harass any person through or on the Site.

• Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.

• Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.

• Post or transmit any "spam" or unwanted, unsolicited content.

• Post copyrighted materials, photographs, or content which do not belong to you.

• Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.

• Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

• Share any confidential information in any manner other than in discussion with the Company or other Participants during the Program.

 

4. Disclaimer

By using the Site, you understand that we are a group consisting of a Licensed Physical Therapist, a Licensed Occupational Therapist, and a Licensed Speech-Language Pathologist; however, we are not your therapists and we do not offer to create any formal therapist-client relationship with you in the Program or through any Product, quiz, report, or digital content offered on this Site. We are not nutritionists, mental health therapists, registered dietitians, doctors, or other licensed medical professionals. You must discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician or your child(ren)'s pediatrician or care team before implementing any information, strategies, or observations contained on or derived from this Site or its Products.

 

You understand that your use of, or participation in, any Product, including but not limited to the PATHWise™ Quiz and PATHWise™ Report, will not diagnose, treat, evaluate, or screen any disease, illness, developmental condition, disability, or ailment. If you or your child(ren) should experience any such concerns, you should consult with a licensed provider, your child's pediatrician, your local Early Intervention program, or other qualified professional as determined by your own judgment.

 

Coaching, where offered, is not directive advice, counseling, or therapy.

Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment educational content specific to infant and toddler development. You understand that the Coaches have not promised, shall not be obligated to, and will not act as therapists providing psychoanalysis, psychological counseling, or behavioral therapy, nor will they provide Physical, Occupational, Speech, or Feeding Therapies.

 

If you or your child(ren) are under the care of a healthcare professional or currently use prescription medications, you should discuss any changes with your or your child(ren)'s physician and should not discontinue any prescription medications without first consulting your physician. The information contained on this Site and in any Product is NOT medical, therapeutic, or clinical advice and is not meant to take the place of seeing licensed health professionals. All Content is for informational and educational purposes only.

 

THE SITE AND ALL PRODUCTS, INCLUDING THE PATHWISE™ QUIZ AND PATHWISE™ REPORT, ARE OFFERED "AS IS" AND WITHOUT REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NEITHER EXPRESS NOR IMPLIED, TO THE EXTENT PERMITTED BY LAW. ANY AND ALL RELIANCE YOU PLACE ON THE INFORMATION CONTAINED IN OR GENERATED BY ANY PRODUCT ON THIS SITE IS STRICTLY AT YOUR OWN RISK. WE ARE NOT LIABLE FOR DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR RELIANCE ON ANY PRODUCT, QUIZ, REPORT, OR CONTENT ON THIS SITE.

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5. No Therapist-Client, Patient-Provider, or Professional Relationship

Be The Catalyst International LLC d/b/a NewDay Child Coaching does not offer and expressly disclaims the formation of any formal therapist-client, patient-provider, evaluator-patient, or any other licensed professional-client relationship of any kind through any Product, quiz, report, program, content, communication, or service offered on or through this Site.

 

A formal therapist-client or patient-provider relationship is only created through a separate, specific, written agreement signed by all parties. No such agreement is offered, implied, or created by this Site or any of its Products.

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SPECIFICALLY, AND WITHOUT LIMITATION: Completing the PATHWise™ Quiz, receiving PATHWise™ Quiz results, purchasing the PATHWise™ Report, receiving the PATHWise™ Report, communicating with Be The Catalyst International LLC d/b/a NewDay Child Coaching via email, social media, or any digital platform, joining any community space, or subscribing to any email list does not create any therapist-client, patient-provider, evaluator-patient, or professional relationship of any kind between you and any licensed professional affiliated with or employed by Be The Catalyst International LLC d/b/a NewDay Child Coaching.

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No licensed Physical Therapist, Occupational Therapist, or Speech-Language Pathologist affiliated with Be The Catalyst International LLC d/b/a NewDay Child Coaching reviews, evaluates, interprets, or approves individual quiz responses or quiz results prior to, during, or after delivery. Quiz results are generated automatically by an algorithm based solely on the self-reported responses entered by the user. At no time do those results constitute a clinical recommendation, clinical opinion, evaluation finding, or professional advice of any kind.

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IF YOU ARE SEEKING CLINICAL RECOMMENDATIONS, PROFESSIONAL ADVICE, A FORMAL EVALUATION, OR A DIAGNOSIS, YOU MUST CONTACT YOUR CHILD'S CARE TEAM, YOUR LOCAL EARLY INTERVENTION PROGRAM UNDER IDEA PART C, OR A SKILLED LICENSED PROFESSIONAL IN YOUR AREA. THIS SITE DOES NOT AND CANNOT PROVIDE ANY OF THOSE SERVICES.

 

6. PATHWise™ Quiz — Specific Terms, Limitations, and Disclaimer

The PATHWise™ Quiz is a free, automated, algorithm-based developmental observation tool. It is designed to provide general educational information to parents and caregivers of infants and toddlers based solely on self-reported caregiver observations submitted through the quiz interface. The following terms and limitations apply in full to every user of the PATHWise™ Quiz:

• THE PATHWISE™ QUIZ IS NOT A CLINICAL SCREENING TOOL, EVALUATION, ASSESSMENT, OR DIAGNOSTIC INSTRUMENT. It does not meet the definition of a developmental screening or evaluation under the Individuals with Disabilities Education Act (IDEA), Part C, or under any applicable Washington State or federal law or regulation.

• Quiz results are generated entirely by automated algorithm based on information self-reported by the user. No licensed Physical Therapist, Occupational Therapist, or Speech-Language Pathologist reviews, evaluates, approves, or is responsible for individual quiz outputs.

• Quiz results do not reflect the opinion, recommendation, evaluation, or clinical judgment of any licensed professional. Nothing in the quiz results shall be construed as a clinical recommendation, a professional opinion, or professional advice of any kind.

• The PATHWise™ Quiz results are informational and educational in nature only. They are provided to assist caregivers in reflecting on observed developmental patterns and in making their own informed decisions about whether to seek further professional evaluation. All decisions made based on quiz results are made solely by you, at your own risk.

• Your use of the PATHWise™ Quiz and your reliance on any results generated by it are STRICTLY AT YOUR OWN RISK. Be The Catalyst International LLC d/b/a NewDay Child Coaching expressly disclaims all liability arising from any action or inaction taken in reliance on PATHWise™ Quiz results.

• The PATHWise™ Quiz does not constitute and shall not be used as a substitute for professional consultation, formal evaluation, clinical screening, or therapeutic services. If you have concerns about your child's development, contact your child's pediatrician, your local Early Intervention program, or a licensed professional in your area.
   

YOUR USE OF THE PATHWISE™ QUIZ AND YOUR RELIANCE ON ITS RESULTS ARE ENTIRELY VOLUNTARY AND STRICTLY AT YOUR OWN RISK. BE THE CATALYST INTERNATIONAL LLC D/B/A NEWDAY CHILD COACHING MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR FITNESS FOR ANY PURPOSE OF THE PATHWISE™ QUIZ OR ITS RESULTS.

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7. PATHWise™ Report — Specific Terms, Limitations, and Disclaimer

The PATHWise™ Report is a paid digital informational product generated based on user-submitted PATHWise™ Quiz responses. The PATHWise™ Report is offered at an introductory price of $27.00 USD at the time of initial purchase, advancing to $47.00 USD after twenty-four (24) hours from the time of initial quiz completion. All pricing is subject to change without notice. The following terms and limitations apply in full to every purchaser and user of the PATHWise™ Report:

• THE PATHWISE™ REPORT IS A DIGITAL INFORMATIONAL PRODUCT ONLY. It is not a clinical report, evaluation report, assessment summary, progress note, or any other document produced by a licensed professional for therapeutic, diagnostic, or clinical purposes.

• Report content is generated based solely on self-reported caregiver quiz responses. No licensed Physical Therapist, Occupational Therapist, or Speech-Language Pathologist reviews, evaluates, approves, or is responsible for the content of individual PATHWise™ Reports.

• Nothing in the PATHWise™ Report constitutes a clinical recommendation, professional opinion, diagnosis, or professional advice. At no time do any results, language, categories, or classifications contained in the PATHWise™ Report reflect the individual clinical judgment of any licensed professional.

• The PATHWise™ Report is for informational and educational purposes only. All decisions made based on Report content are made solely by you, at your own risk.

• Your purchase of, access to, and reliance on the PATHWise™ Report are STRICTLY AT YOUR OWN RISK.Be The Catalyst International LLC d/b/a NewDay Child Coaching expressly disclaims all liability arising from any action or inaction taken in reliance on PATHWise™ Report content.

• Purchase of the PATHWise™ Report does not create any therapist-client, patient-provider, evaluator-patient, or professional relationship of any kind. See Section 5 of these Terms & Conditions.

• If you have concerns about your child's development, contact your child's pediatrician, your local Early Intervention program under IDEA Part C, or a licensed professional in your area of perceived need. Do not substitute the PATHWise™ Report for professional consultation or evaluation.
   

YOUR PURCHASE AND USE OF THE PATHWISE™ REPORT AND YOUR RELIANCE ON ITS CONTENT ARE ENTIRELY VOLUNTARY AND STRICTLY AT YOUR OWN RISK. BE THE CATALYST INTERNATIONAL LLC D/B/A NEWDAY CHILD COACHING MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR FITNESS FOR ANY PURPOSE OF THE PATHWISE™ REPORT OR ITS CONTENTS.

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8. Consult Your Own Provider

WE DO NOT GUARANTEE THAT ANY PRODUCT, QUIZ, REPORT, OR CONTENT ON THIS SITE COVERS ALL OF YOUR SPECIFIC NEEDS, CIRCUMSTANCES, OR CONCERNS. ALWAYS CONSULT WITH A LOCAL LICENSED PROVIDER IN YOUR AREA.

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BY USING THE SITE OR PURCHASING ANY PRODUCT, you acknowledge that you have the right and ability to speak with, hire, consult, and/or work with a licensed provider in your area and in your state. You further acknowledge that you have been advised to seek such consultation prior to making any decisions based on content from this Site or its Products.

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9. No Claims Made Regarding Results

Any and all current or past-client testimonials, statements, or examples used by us are examples only. They are not guarantees that you will experience or receive the same results. Each person's circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another user.

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We make no assurances as to any particular knowledge, outcome, or development result based on use of or participation in any Product, quiz, or Content. We are not responsible for the success or failure of your relationships, your child's development, your experiences, your knowledge, or any other result of any kind arising from your use of or participation in any Product or Content on this Site.

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10. Program Structure

Program and product structure is referenced on the applicable sales page or confirmation emails. The Company reserves the right to modify program structure, delivery timelines, or content at any time without prior notice.

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11. Fees

The full price of any Product is referenced on the applicable sales page. A receipt will be emailed upon purchase, which you should retain for your records. All fees are in U.S. Dollars. Where a payment plan is elected, Client grants Company the authority to charge the card(s) provided in accordance with the stated payment schedule.

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12. Methods of Payment

Client may elect to pay by credit or debit card or via any payment method offered at checkout. Client authorizes the Company to charge Client's selected payment method for the full purchase price or each installment, as applicable.

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13. Confidentiality

The Company respects your privacy and insists that you respect the privacy of the Company and other Program Participants. Consider this a mutual non-disclosure agreement. Any confidential information shared by Program Participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. Parties agree not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, group meetings, in community spaces, or otherwise. Both parties will keep Confidential Information in strictest confidence and shall use best efforts to safeguard it against disclosure, misuse, loss, and theft.

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In addition, you agree that if you violate or display any likelihood of violating this provision, the Company and/or other Program Participants will be entitled to seek injunctive relief to prohibit any such violations and to protect against the harm of such violations.

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14. Changes to These Terms & Conditions

We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made, we will update the "Updated on" date at the bottom of this page and preserve all prior versions in our archives. We recommend that you periodically review these Terms & Conditions for changes.

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15. Links to Third-Party or External Websites

The Site may contain links to third-party or external websites for reference or informational purposes. We are not liable for any information contained on or within third-party or external websites, nor for the manner in which they handle your personal information.

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16. Intellectual Property Ownership

The Site and its Content are intellectual property solely owned by Be The Catalyst International LLC d/b/a NewDay Child Coaching. The Site and its Content are protected by United States copyright and trademark laws, as well as applicable state intellectual property laws.

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During the course of your use, purchase, or download from the Site or its Products, you may not distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You must take all necessary steps to ensure that you do not inadvertently share or distribute protected materials, including protecting any password or login credentials to the Site.

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You may not share your password or login information with anyone. If you share your password or login with any person who did not purchase the applicable Product, you will be removed from the Program immediately without refund and without future access.

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By using this Site, you agree: (1) not to infringe on any copyright, trademark, trade secret, patent, or other intellectual property rights; (2) that any Confidential Information shared by the Company is confidential and proprietary and belongs solely and exclusively to the Company; and (3) not to disclose such information to any other person or use it in any manner other than in discussion with the Company.

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17. Our Limited License to You

If you view, access, or purchase the Site, Products, and/or Content, you are considered our Limited Licensee with the limited right to use them solely for the purpose for which they were purchased. You may not use the Site, Products, and/or Content in any manner that is unauthorized, improper, contrary to these Terms & Conditions or our Privacy Policy, or that violates U.S. intellectual property laws, unless authorized by us in writing in advance.

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18. Your License to Us

By commenting on the Site or submitting documents to Be The Catalyst International LLC d/b/a NewDay Child Coaching via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit as it relates to our business purposes.

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19. Consent to Video and Promotional Photography

You hereby grant to the Company and its licensees, assignees, and other successors-in-interest all rights of every kind and character whatsoever in perpetuity in and to your appearance ("Appearance") in connection with promotional footage and photography for the Program.

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You hereby authorize Company to photograph and record your Appearance; to edit at its discretion; to include your Appearance with others; and to use your Appearance in any manner or media whatsoever, including without limitation for purposes of publicity, advertising, and sales promotion.

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You hereby waive all rights and release and discharge the Company from any claim, demand, or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality, or any similar matter arising from or relating to the use of your Appearance.

 

Company owns all rights and proceeds resulting from your Appearance and is not obligated to utilize the authorization granted herein.

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20. Social Media and Marketing Release

The purchaser agrees that the Company may lawfully use screenshots or re-shares of his/her/their public posts, comments, or messages to promote the Site or its Products across social media, the website, and to its email list. Wherever possible, only the purchaser's first name will be used, unless the comment or post was made publicly, in which case the full comment or post may be used without prior written consent.

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21. Sharing the Site and Its Content

You must not share our Site and its Content for commercial purposes without our prior written permission. You may request permission by contacting us at TeamNewDay@NewDayChildCoaching.com. You may share the Site for personal purposes, provided that you link directly to the Site and give credit by linking to the Site and its Content. You may not imply or represent that the Site or its Content are yours, or that you in any way created, caused, or contributed to the Site or its Content.

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22. Non-Disparagement

You shall not make any false, disparaging, or derogatory statement in public or private regarding the Company, its contractors, employees, or agents. The Company shall not make any false, disparaging, or derogatory statement in public or private regarding you and your relationship with the

Company. Any violation of this provision by you will result in termination of your membership or access, without refund.

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23. No Warranties, Guarantees, or Representations

We do not offer any warranties of any variety regarding the Site, Products, Content, and/or your Purchase or Download in any way. The Site, Products, and/or Content are offered "AS IS" and without warranties of any kind, neither express nor implied, to the extent permitted by law. YOUR USE OF AND RELIANCE ON ANY CONTENT OR PRODUCT AVAILABLE THROUGH THIS SITE IS STRICTLY AT YOUR OWN RISK.

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24. Limitation of Liability

Be The Catalyst International LLC d/b/a NewDay Child Coaching limits its liability to the amount you have paid to it for any claim for damages arising from your use, directly or indirectly, of the Site, Products, or Content. We do not assume liability for damages, injuries, harm, misuse of, or failure to properly use information or documents, due to any act or failure to act by you.

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IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES ARISING FROM RELIANCE ON PATHWISE™ QUIZ RESULTS OR THE PATHWISE™ REPORT, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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25. Dispute Resolution

If you have any dispute over Be The Catalyst International LLC d/b/a NewDay Child Coaching's Products, Services, or Content, please contact us directly first by emailing TeamNewDay@NewDayChildCoaching.com. The parties agree to strive to resolve any such dispute amicably and in good faith. The maximum amount of damages to which you may be entitled is a refund of any payment made to Be The Catalyst International LLC d/b/a NewDay Child Coaching for the applicable Product or Service.

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26. Equitable Relief

If a dispute arises between the parties for which monetary relief is inadequate and where a party may suffer irreparable harm in the absence of an appropriate remedy, the injured party may seek equitable relief, including without limitation a temporary restraining order or injunction, exclusively in the United States District Court for the Western District of Washington or a state court of competent jurisdiction located within the State of Washington, consistent with the consent to jurisdiction set forth in Section 28 of these Terms & Conditions. The parties expressly waive any right to seek equitable relief in any other forum or jurisdiction. Notwithstanding the foregoing, either party may seek purely interim emergency relief in another jurisdiction solely to preserve the status quo pending transfer of the matter to the courts specified herein, provided that such party promptly moves to transfer the proceeding to the appropriate Washington State or federal court.

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27. Consent to Governing Law

These Terms & Conditions, and any dispute arising out of them, shall be governed by the laws of the State of Washington, without regard to conflict of law principles.

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28. Consent to Jurisdiction

You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the Western District of Washington or a state court located within the State of Washington in connection with any matter arising out of these Terms & Conditions, our Privacy Policy, our Disclaimer, or as a result of your use, download, or purchase from the Site, Products, or Content.

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29. Consent to Service

You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Washington for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Washington.

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30. Force Majeure

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, pandemic, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike, or civil disturbance, makes it inadvisable, illegal, or impossible for either Party to perform its obligations under this Agreement, the affected Party's performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

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31. Payment, Purchases, and Payment Plan Terms

When you purchase or download any Product from us or the Site, you may pay by credit or debit card or other accepted payment method. By doing so, you give Be The Catalyst International LLC d/b/a NewDay Child Coaching permission to charge your selected payment method for the amount owed. Your payment information may be collected by third-party payment processors including but not limited to PayPal, Stripe, Kajabi, and/or SamCart, which may have privacy policies and security practices different from ours. Be The Catalyst International LLC d/b/a NewDay Child Coaching is not responsible for the independent policies or practices of any payment processor. You will receive an electronic receipt following your purchase, which you should retain for your records.

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32. Refunds and Chargebacks

a. NO REFUNDS. No refunds will be issued under any circumstances due to the instant-access, digitally downloadable nature of our Products, including but not limited to the PATHWise™ Report. Once a digital Product has been accessed or delivered, it is considered used and no refund will be issued. If you elect a payment plan, no refunds or cancellations of the payment plan are offered. Payment plans are simply an opportunity to pay over time.

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b. NO CHARGEBACKS. You will not, under any circumstances, initiate or threaten to initiate any chargeback to the Company or to your credit card or other payment method for any reason whatsoever related to any Product or Service. In the event of a chargeback, the Company reserves its right to report the matter to credit bureaus as a delinquent account, which could have a negative impact on your credit report and/or credit score. Should you wish to have such a report removed, please contact us to arrange payment of the outstanding balance.

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33. Defense and Indemnification

You shall, at all times, indemnify, defend, and hold harmless Be The Catalyst International LLC d/b/a NewDay Child Coaching, Rachel May, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, licensees, and successors from and against any and all liabilities and expenses whatsoever—including without limitation claims, judgments, awards, settlements, investigations, costs, attorneys' fees, losses, damages, injuries, delays, deaths, lost profits, and expenses—arising out of any proceeding brought by a third party against Be The Catalyst International LLC d/b/a NewDay Child Coaching or Rachel May arising out of your performance of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy.

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34. Termination of Your Use

At our sole discretion, upon reasonable notice, we may terminate your use of or access to the Site, Products, Content, and/or Program without refund or forgiveness of outstanding payments if you abuse, violate, or breach any of these Terms & Conditions, our Privacy Policy, our Disclaimer, or any other terms to which you have agreed. You remain liable for any outstanding amounts owed for Products or Services provided prior to the date of termination. No refund shall be provided if your use is terminated pursuant to this provision.

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35. Entire Agreement

These Terms & Conditions, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to the Site, Products, Content, and/or Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us.

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This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.

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36. Severability

The provisions of these Terms & Conditions are severable. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision herein.

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37. Washington State Consumer Health Data Notice

Be The Catalyst International LLC d/b/a NewDay Child Coaching is a Washington-based business subject to the Washington My Health My Data Act (MHMD Act), effective March 31, 2024. To the extent that any information you submit through the PATHWise™ Quiz or any other Product constitutes "consumer health data" as defined under the MHMD Act, we will handle such data in accordance with our Privacy Policy and applicable Washington State law. We do not sell or share consumer health data for advertising purposes without your consent. For questions about how we handle your health-related data, please contact us at TeamNewDay@NewDayChildCoaching.com.

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38. Your Privacy and Security on the Site

Please read our Privacy Policy for a full explanation of how we handle your personal information.

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39. Contact

If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:

• Website: www.NewDayChildCoaching.com

• Email: TeamNewDay@NewDayChildCoaching.com

• Business Address: 240 S Sunnyside Ave, #1510, Sequim, WA 98382

 

Updated on May 24, 2026

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This document supersedes and replaces all prior versions of the Terms & Conditions for www.NewDayChildCoaching.com.