PRIVACY POLICY
PLEASE NOTE: THE UNAUTHORIZED USE OR COPYING OF THIS DOCUMENT IS IN DIRECT VIOLATION OF INTELLECTUAL PROPERTY LAWS AND IS STRICTLY PROHIBITED!
PLEASE CAREFULLY READ THIS PRIVACY POLICY PRIOR TO VIEWING AND USE OF THIS WEBSITE
PRIVACY POLICY CONSENT
The website http://elevate.kelseykurtis.com/ (“Website”) and its content is owned by Kelsey Kurtis, LLC (“Company”, “we”, or “us”). The term “you” refers to the user and/or viewer of this Website, agree to and acknowledge to be bound by the following terms of this Privacy Policy, and any information that you contribute or provide to Company is subject to the terms of this Privacy Policy.
The purpose of this Privacy Policy is to inform you how we collect, use, process and distribute your personal information as defined within the terms of this Privacy Policy. We will not use or share your information with anyone except as described in this Privacy Policy. The use of information collected through our Website shall be limited to the purposes under this Privacy Policy, and also our Terms of Use, if applicable.
Use of any personal information or contribution that you provide to us, or which is collected by us on or through our Website or its content is governed by this Privacy Policy. By using our Website or its content, you consent to this Privacy Policy, whether or not you have read it.
INFORMATION WE COLLECT
Personal information collected includes that which you provide voluntarily by “opting in” to receive a free resource, subscribing to our email list or newsletter, purchasing a product or service, or contacting us via our website, as well as all information automatically collected from you based upon your activity on our Website.
Personal information we collect may include, but is not limited to, the following: Name(s), email address(es), telephone number, billing information, physical address(es), PO Box information, credit card information (“Personal information” and “Personal data”).
This information may be collected through the following or for the following, but is not limited to: submitting personal information in order to receive a free resource (“freebie”) or newsletter, to purchase an eBook, course(s) and/or program(s) for billing information so that we can maintain our contractual obligation to our payment processing software, through our contact form in order to ask a question, receive marketing emails or request a return email from a member of the Company, or information received in order to gain information on a co-branded offer, program or course.
Personal information collected is given to us voluntarily and, as such, you are giving us consent to use, collect and process such personal information. If you choose not to provide us with certain Personal Data, you may not be able to participate in or access certain aspects of our Website or content.
You acknowledge that whenever you voluntarily make your personal information available for viewing by others online through, but not limited to, this Website, it’s content, blog, commenting on such blog, posting or commenting on social media, within programs, coaching calls, it may be seen, collected and used by others. Company shall not be responsible for any unauthorized or improper use of the information you voluntarily share.
HOW WE COLLECT & USE YOUR PERSONAL INFORMATION
You understand that your decision to provide any information to us is voluntary and constitutes your clear consent to allow us to collect, process, and retain it.
Should you elect to “opt-in” to receive and should you wish to receive any freebies or other information, Company shall ask for your personal information, you shall provide us with your personal information, we may collect such information that you provide, which may include, but is not limited to, your name, email address and phone number.
Should you elect to fill out our contact form (such as our “contact us” form/page) on our Website, or provide us with any other communication, including, but not limited to information provided via email, contact form, social media messaging, posts, text messages or social media comments, we may collect such information that you provide, which may include, but is not limited to, your name, email address, phone number and any other information that is contained on your social media platform. It is Company’s policy that this data is retained and processed simply as a means to communicate with you, answer any questions/concerns and in order to keep a record of such communication.
Should you elect to purchase any eBooks, courses, programs (group or one-on-one) or work privately with any members, employees or coaches of the Company, in order to carry out and complete such purchase or sale of goods or services, Company shall collect personal information including but not limited to your name, email address, billing address, credit card or payment information, and any other information necessary in order to complete purchase of the product or service you elect to buy. We will collect and process this data in order to fulfill our contractual obligation to complete your order and will not retain the information any longer than necessary. We use third party data processors to take and complete payment, and we will not retain nor have access to your payment information.
By voluntarily providing Company personal information on our blogs, social media pages or any other online forum, we may use that personal information for any future marketing materials, promotional materials, targeted advertisements or testimonials. Company assures you that use of such personal information for testimonials shall require a separate document to be signed by Company and yourself.
Should you elect to be added to our email list or newsletter, we may use your data to send you targeted social media advertisements or use/upload your personal information into our social media account to create lookalike audiences. In order to ensure compliance with the CAN-SPAM act, all emails from us will clearly state the sender of the email, as well as provide instructions on how to unsubscribe from our list or contact us with any questions or concerns.
Company may track your future interactions with our content, and use your personal information to keep you informed about the products and services you have elected to receive, as well as any linked or similar products or services we think you may be interested in. The information will be collected by us following your choice to manually enter it in and click to be added to our list. No such information will be collected without your taking action to be added to our list, or in exchange for a free resource.
USE OF PERSONAL INFORMATION COLLECTED THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGY (“COOKIES”)
Company may also collect personal information through Automatic Data Collection Technology such as use through the standard “cookies” feature of available web browsers. Company does not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. We may use both session cookies and persistent cookies.
It is your election to choose whether to accept, decline or disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on our Website and some features may not work as intended. Our Website does not respond to Do Not Track signals sent by your browser.
We may also collect data about how you use Website, your browsing actions or patterns, computer equipment, IP address, internet connection, and other similar choices you make, including via Google Analytics and Facebook Pixels, in order to obtain statistical data, improve our website and offerings, and ensure you receive information relevant to you. If we utilize this technology, we will use them in compliance with all policies of these third-party companies. We may receive personal data from third parties including Google, social media platforms, search engines, Paypal, Stripe, and other third-party payment processing companies.
We may also receive data from third parties like Google Analytics, Facebook and other advertising platforms, providers of technical or payment services as needed, and other similar third parties. We do our best to only utilize third parties who have been deemed GDPR and LGPD-compliant, and whom we have either completed a data processing agreement with, or have reviewed and confirmed their policies regarding data processing to ensure compliance.
Company may share your personal information with trusted third parties in order to contact you via email, process payments, run advertisements and to our affiliates. Company agrees not to share your personal information with third parties for a profit.
ANONYMOUS DATA COLLECTED AND USE
In order to maintain our Website’s quality, we may use your IP address to diagnose issues with our server and/or issues with our Website’s pages or content. Your IP address shall not be used by Company to personally identify you but may be used for marketing purposes and for improving our services and Website performance. Traffic data collection does not follow a user’s activities on any other websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.
GENERAL DATA PROTECTION REGULATION (“GDPR”)
Company ensures compliance with the European Union’s General Data Protection Regulation (“GDPR”) and confirms that we have lawful grounds for processing the information we collect from you. Should you provide personal information via our “contact us” page or send any other form of electronic communication, we will process your data based upon our legitimate interest to respond to user or customer inquiries. If you elect to receive communication from us by “opting in” and provide us with your name and email address in exchange for a free resource, training, eBook, webinar or electronic deliverable, or if you purchase from us any courses, programs, eBooks or coaching packages, we will process your data for the purpose it was collected based on your affirmative consent to do so, and may periodically send you additional email marketing based upon our legitimate interest in marketing to those that have shown an interest in our products or services. We may also give you the option to be added to our email list, in order to receive our newsletter, information about our products and services, and other information we believe may be of interest to you based upon your decision to opt-in to one or more of our free resources, and will obtain your consent to do so. You may withdraw consent at any time by contacting us at hello@kelseykurtis.com and requesting your information be edited, updated, or deleted. We do not collect any sensitive data, nor any information regarding criminal offenses or convictions.
GENERAL LAW FOR THE PROTECTION OF PERSONAL DATA (“LGPD”)
Company ensures compliance with the Brazil’s Lei Geral de Proteção de Dados Pessoais (“LGPD”) and confirms that we have lawful grounds for processing the information we collect from you. Company has an assigned Controller, Operator and Officer who over sees Company’s data processing. Should you provide personal information via our “contact us” page or send any other form of electronic communication, we will process your data based upon our legitimate interest to respond to user or customer inquiries. If you elect to receive communication from us by “opting in” and provide us with your name and email address in exchange for a free resource, training, eBook, webinar or electronic deliverable, or if you purchase from us any courses, programs, eBooks or coaching packages, we will process your data for the purpose it was collected based on your affirmative consent to do so, and may periodically send you additional email marketing based upon our legitimate interest in marketing to those that have shown an interest in our products or services. We may also give you the option to be added to our email list, in order to receive our newsletter, information about our products and services, and other information we believe may be of interest to you based upon your decision to opt-in to one or more of our free resources, and will obtain your consent to do so. We do not collect any sensitive data, nor any
information regarding criminal offenses or convictions. Should you request confirmation of the existence of your personal data in our database, you may send a request to hello@kelseykurtis.com to do the following:
Confirm of the existence of data;
Access to such data;
Correct incomplete, inaccurate or outdated data;
Anonyme, block or eliminate unnecessary, excessive or treated data in discrepancy
with the provisions of this law;
Data portability to another service provider or product, upon express request and
observance of commercial and industrial secrets, in accordance with the
regulations of the controlling body and the national authority regulations;
Eliminate personal data processed with the consent of the holder, except in the
cases provided for in Article 16 of the law;
Information of any public and private entities with which the Company’s Controller
has made shared use of data;
Information on the possibility of not providing consent and on the consequences of
refusal;
Revoke or withdraw consent at any time
HOW INFORMATION IS STORED AND SHARED
Company stores and processes personal information through a data management system. Company takes important and appropriate measures to ensure that all personal information collected is kept confidential. Company maintains that there are limited purposes which it shall share personal and confidential information including, but not limited to, processing any billing, or for providing technical support for our website, to members of our team/employees/management/personnel for legal or accounting purposes only. Any parties who will have access to your information will keep such information confidential and will never share with any unrelated parties to the best of our abilities. information provided by you will never be shared, sold, or given to any other company or person without your consent, other than what is required to complete a purchase or request you have made, unless required to do so by law, or any governmental requirements. We require all such third parties to treat your personal information in accordance with the law, and only allow them to process your personal data for specific, necessary purposes.
Company utilizes a third-party company to act as a data processor, which stores information such as names and email addresses that make up our email list. To the best of our ability, we have researched and concluded that all third-party data processors we use have advised us they are compliant with the General Data Protection Regulations as well.
Should Company be required to disclose such personal information as provided by law, or should there be a good faith belief that such disclosure is necessary to protect the rights of Company, this Website, any member of our Company or our property, the property of our users or licensees, should any portion of this Privacy Policy, our Terms and Conditions, Terms of Use or Website
Disclosure are being violated, in order to prevent or mitigate a crime that is or may be committed, or to protect that safety or rights of our other users or the public.
Website, and the servers and parties which made this website available on a global scale, are located within and operate within the United States. The laws of the United States and Washington which govern any and all matters relating to the internet and this Website, including content, as well as the principles of the General Data Protection Regulation (GDPR) and the General Law for the Protection of Personal Data (LGPD) as they apply to residents of the European Union. Any information you choose to provide through this website, including subscribing to a newsletter, opting-in to receive a free gift, or purchasing something will be transferred to the United States for processing. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information, and how it is stored by us. If transferred to another country, it may not have data protection laws that are as comprehensive or protective as those in your country of residence; however, our collection, storage, and use of your Personal Information will at all times be governed by this Privacy Policy. By visiting our Website, you acknowledge this information, and by submitting any personal information onto our Website, you hereby authorize this transfer and processing of information.
Company also retains the right to share such personal information as a result of a sale of Company, or any branch of the company, as well as with any joint venture partners or affiliate marketers, should we deem it necessary to share such information. We will always take all reasonable measures to protect and safeguard your information.
We retain the minimum amount of Personal information required for the minimum amount of time necessary to provide you with the information and / or services that you requested from us. We may include certain Personal Data for longer periods of time if necessary for legal, contractual and accounting obligations. Such information includes name, email address, and behavior tracking, as long as you elect to remain on our mailing list, and any additional Personal information as long as it is needed in order to fulfill the purpose for which it was initially collected, such as completing a purchase. We will also retain and use collected information as necessary in order to comply with any legal obligations, resolve any disputes, or as otherwise reasonably determined. If at any point you elect to be removed from our database, your information will be deleted, and no longer retained.
PASSWORD PROTECTION AND USE
Company may require you to create a username and password in order to use certain features of the Website or its content. Company is not responsible for maintaining the confidentiality of the username and password you create. You are solely responsible for all activities, whether by you or by others, that occur under your username or password and within your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your Personal Data at your own risk.
You shall agree to immediately notify Company of any unauthorized or improper use of your username or password, or of any breach of security by immediately sending an email to hello@kelseykurtis.com immediately after recognizing such breach or improper use. Company suggests logging out of each session in order to protect against unauthorized or improper use.
Company shall use its best efforts to maintain the confidentiality and privacy or your username(s) and password(s) and shall not share such information without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
CONFIDENTIALITY, SECURITY & INFORMATION PROTECTION
Company uses commercially responsible methods to safeguard all personal information, including information voluntarily provided to us, automatically collected, by using reasonable online security measures, and sharing your data with reputable third-party vendors that are compliant with generally accepted security and safety measures. We utilize a Secure Sockets Layer (SSL) on our website in order to assist in the secure transfer of information. Company cannot guarantee the complete safeguard of all personal information, however, should we become aware that a data breach has occurred, We will timely notify the necessary parties with as much information as we have available
While our team does our best to protect the information we collect, and prevent any misuse, unauthorized access, or disclosure, you understand that we cannot be responsible should an unauthorized third party obtain access to our information, without our consent. Should our website be tampered with, you understand that your personal information may be accessed by these unauthorized parties. You agree that we are not responsible for any such actions, and acknowledge you will hold us harmless should your information become intercepted in this way without our knowledge, permission, or consent, which includes a release of any and all claims related to use of such information by such an unauthorized party.
YOUR RIGHTS TO ACCESS, CONTROL RESTRICT, DELETE, UPDATE PERSONAL INFORMATION AND UNSUBSCRIBE
Company does not participate in spam and shall always provide to you an option to opt-out of our communications. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address.
At all times, Company acknowledges that you have the right to edit, update or delete your personal information from our database. You may click “unsubscribe” at the bottom of any email Company sends to you or by contacting Company at hello@kelseykurtis.com.
You have the right to request information concerning how your data is being used, request which personal information and data we currently have and use, correct or edit any data which is no longer accurate, unlawful or no longer needed, withdraw consent to the processing of your
personal information, lodge a complaint should you feel your personal information is being used unlawfully or restrict or object to how the data is being used. Should you wish to receive such information, please contact Company at hello@kelseykurtis.com.
THIRD-PARTY WEBSITES
Website may provide links to third-party websites. Company is not responsible or liable for the content and activities of other individuals, companies or entities whose website or materials may be linked to Company’s Website or its content. Company is also not liable for the privacy of the information which is voluntarily shared on any third-party website. Company urges you to review the privacy policies of any third-party website in order to ensure the use and protection of your personal information is to your satisfaction.
You further understand that should you click on a link and be taken to another website, this Privacy Policy does not attach, and we have no control, responsibility, or liability for content, activities, or policies of any other company, website, or individual. You acknowledge and agree that we are not responsible for the privacy policies or practices of third parties, and that you understand you will need to review the privacy policy of each individual website to confirm their specific policies.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE (COPPA)
You must be at least 18 years old or older to gain access to our Website and its contents. This Website is not intended for those who are under 18 years old.
Company does not knowingly collect any information from anyone who is under 18 years of age and does so in compliance with the Children’s Online Privacy Protection Act as well as the General Data Protection Regulation of the European Union. This Website, as well as its contents, is directed solely to individuals who are at least 18 years old and older.
If we learn we have collected or received personal information from a minor under 18, we will delete this information, and/or attempt to obtain parental consent. If you have any reason to believe we may have unknowingly collected data from a minor, please immediately send us an email at hello@kelseykurtis.com.
NOTIFICATION OF CHANGES
We may use your Personal information, such as email addresses, to inform you of any changes made to the Website, its contents or for request for any additional information. We reserve the right, at our sole discretion, to change, modify or otherwise alter our Website, its content and this Privacy Policy at any time. Such changes and/or modifications shall become effective immediately upon posting our updated Privacy Policy. Company highly suggests that you review this Privacy Policy periodically. Continued use of any of information obtained through or on the Website or its content following the posting of changes and/or modifications constituted acceptance of the revised Privacy Policy. Should there be a material change to our Privacy Policy, we will contact you via email or by a prominent note on our Website.
You agree that you have read this Privacy Policy carefully. We reserve the right to change this Privacy Policy on the Website at any time without notice. In the event of a material change, we will let you know via email and / or a prominent notice on our Website. Should you have any questions regarding this Privacy Policy, your rights contained herein, or would like to review, update or remove your personal information, please contact us at hello@kelseykurtis.com.
Last Updated: February 6, 2024
DISCLAIMER
PLEASE NOTE: THE UNAUTHORIZED USE OR COPYING OF THIS DOCUMENT IS IN DIRECT VIOLATION OF INTELLECTUAL PROPERTY LAWS AND IS STRICTLY PROHIBITED!
The website http://elevate.kelseykurtis.com/ (“Website”) is owned and operated by Kelsey Kurtis, LLC (hereinafter “we” “us” “our”). By entering and using this website, you (hereinafter “you” “visitor” “your”) acknowledge that you have read and agree, understand and accept the terms set out in this Disclaimer. Should you choose not to agree to this disclaimer, you are directed to immediately cease use of this website, blog, e-emails, videos, social media, programs, products or service (collectively “Materials”). Continuing to use this website acknowledges that you are bound by the terms set forth in this Disclaimer.
TERMS OF USE
By accessing this Website you acknowledge that you are at least 18 years of age and have the required mental capacity to enter into and abide by the terms of this Disclaimer. Use of this Website by anyone under 18 is strictly prohibited by us.
By accessing this Website you are agreeing to the terms of this Disclaimer as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with this Disclaimer, please cease visiting our Website and do not use our Programs, Products and Services.
This Disclaimer is subject to changes and/or updates, and we are not bound to provide notice of such changes or updates. We reserve the right to make changes or updates at any time and hereby informs all Visitors that the burden is on the Visitor to check the Disclaimer for updates from time to time. By continuing to use Website and the content we produce, you agree to be bound by the most updated version of the Disclaimer, whether or not you have read it.
This site and Materials offered are not associated, affiliated, endorsed or sponsored by Facebook, Instagram, Pinterest, or any other website, unless specifically stated herein.
VOLUNTARY PARTICIPATION
Visitor acknowledges that participation in our Products, Programs, Services and Program Materials and visiting our Website is done voluntarily and that you alone are 100% solely and personally responsible for your participation in our Website, Products, Programs, Services and Program Materials and for any outcomes or results that result therefrom (whether positive or negative). You acknowledge that you have or will use your own due diligence and judgement before implementing any knowledge or information you received from our Website, Products, Programs, Services or Program Materials. Company is not responsible for regarding any action you may choose to take regarding the information provided, and you acknowledge and agree that we are not responsible nor liable to you should you sustain any financial harm, physical injuries or any negative ramifications. Visitor acknowledges that the information contained on this Website is intended as general information only and you agree that any decisions you make to implement or follow anything you
find on Website are wholly your own.
PURPOSE
The purpose of this Website, Materials, Products, Programs, Services and Program Materials is for educational and informational purposes only. Company is not acting in a role as a doctor, attorney, accountant, therapist, counselor, dietician or other professional. By visiting Website, you agree and understand that this content is made available to you as a self-help tool only. Nothing on this website or distributed via email is intended to take the place of a consultation with a physician, dietician, nutritionist, counselor, medical professional of any kind, lawyer, doctor, accountant, psychic, or other professional.
The information provided in or through our Website, Programs, Products and Services is not intended to be a substitute for professional medical advice, legal or financial advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counsellor, or social worker), or member of the clergy, by your own attorney, accountant, and/or financial advisor. Therefore, do not disregard or delay seeking professional medical, mental health or religious advice because of information you have read on this website or received from us. Do not stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state, and it is constantly changing, and therefore it affects each individual and business in different ways. As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding your own income and taxes, and any and all information presented by our Website, Programs or Services pertaining to your specific financial and/or legal situation.
Success from the use of our Website, Products, Programs, Services or Program Materials depends primarily on your own effort, motivation, commitment and follow-through. Company cannot and does not guarantee that you will attain a particular business result or income increase or level, and you accept and understand that results differ by each individual. Each individual’s business success depends on his or her background, dedication, desire, and motivation, and a whole host of additional factors. Results may vary, and will be based on many variables, so therefore no guarantees can be made. There can be no assurance as to any particular financial outcome based on the use of our Website, Programs, Products or Services. You agree that we are not responsible for the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website, Programs, Products and Services. You are solely responsible for your results. ASSUMPTION OF RISK
From time to time, individual risks and circumstances can arise from use of Company’s Website, Products, Programs, Services or Program Materials that are not foreseen and can influence or reduce results. Company is not responsible for personal choices, actions or consequences as a result of use of
our Website, Products, Programs, Services or Program Materials, which were taken or occurred before, during or after use of our Website, Products, Programs, Services or Program Materials. You understand that any mention of, suggestion of, or recommendation of products or services through my Website, Products, Programs, Services or Program Materials is to be taken at your own risk, with no liability on the part of the Company, recognizing that there is a rare chance that financial loss, illness, injury or even death could result. You shall accept full responsibility for the consequences for your use, or non-use, of any information provided by Company through any means whatsoever. Your use or non-use is at your own risk and you absolve Company of any liability or loss that you, your business, family, children, team members, employees, affiliates, or any other persons, may incur from your or their use, or non-use, of the information provided.
As a Visitor, you agree that using our Website, Products, Programs, Services and Program Materials are done at your own risk and acknowledge that information contained therein are for informational and educational purposes only. You assume all risks. Company makes no guarantees related to income, success, increased revenue, projected sales, improvements or decline in physical health, mental health, spirituality, interpersonal relationship, emotional wellbeing and career in any way related to the use of this Website, Products, Programs, Services and Program Materials. Our Website, Products, Programs, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Products, Programs, Services and Program Materials.
We take every precaution to protect our Website however, we cannot completely ensure or warrant the security of this site. Company makes no assurances about the ability to prevent any loss or damage to you, or any other person, company or entity arising out of the use of our Website and you agree and acknowledge to assume the risk in using this site.
TECHNOLOGY DISCLAIMER
Company makes no warranty or guarantee as to the delivery, accuracy, timeliness, performance, completeness, suitability of the information, uninterrupted access, error-free of our Website or any other materials provided by us to you. Every effort has been made to present to you with the most accurate, up-to-date information in our Website. However, because the nature of this information is constantly evolving, we cannot be held responsible for the accuracy of our content. You acknowledge that the content and such information may contain inaccuracies or errors and Company is not liable for any such inaccuracies or errors to the fullest extent permitted by the law.
Company cannot guarantee access to our Website. You acknowledge that access might be suspected or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. You acknowledge that, to the fullest extent permitted by law, Company is not liable for damages or refunds, or for any other recourse, should our Website be unavailable, access might be slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays in accessibility to our Website.
You understand your obligation to provide only authentic, accurate information to us, including your name, email address, and payment information, should you choose to purchase a product. You understand and agree that should any information provided prove inaccurate, and any issues or damages arise from your giving us false or inaccurate information, you may be liable for any subsequent damages that occur as a result.
INDEMNIFICATION
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Products, Programs, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or in any other agreement with us. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge. We shall not be liable for any content posted to our Website by a third party and, as a Visitor, you agree to release us of any and all claims arising therefrom. we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Website, or from products or services purchased therefrom. You also understand and agree that we are not liable for any damages incurring as a result of your reliance or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Website.
WARRANTIES
Company makes no warranties, express or implied, and hereby refuses any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our membership site. By use of the Website, you agree and understand that use of content and information found herein is to be taken “as is” and used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website, Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website, Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Website, Programs, Products, Services or
Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.
By participating in using our website and/or adding yourself to our email list you voluntarily, and are solely and personally responsible for your actions, choices, and any results therein. Your use of this Website constitutes an agreement and acceptance that you will absolve Company as well anyone acting as an agent, employee, personnel consultant, affiliate, guest blogger, joint venture partner, employee, staff, team member, or anyone affiliated with Us in any way of any liability for any loss, damage, injury, or litigation that you or any other person may incur from direct or indirect use of the information, content, or products found on our Website or via materials requested through email.
You understand and agree that Company is not liable for any type of direct or indirect damages arising out of your use of our Website, any information contained herein, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Website, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.
RELEASE OF CLAIMS
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website, Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
This Disclaimer requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Website, Products, Programs, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
TESTIMONIALS
Our Website may, from time to time, feature testimonials, real world experiences, and insights about other people’s experiences in our Website, Products, Programs, Services or Program Materials. The testimonials, information contained therein, including but not limited to photographs, quotes, names and usernames are from actual clients, sharing their real, personal and honest opinions concerning their results, my character or experiences in the use of our Products, Programs, Services or Program Materials and are not to be constituted as a guarantee that current or future clients will experience the same results or experiences. Each testimonial is a unique story, and any and all results reported in these testimonials are the culmination of numerous variables.
AFFILIATES
Company may choose to promote, partner with, become an affiliate of or otherwise engage in a joint venture with another individual or company whose programs, products and services align with that of the Company. Visitor understands that should an affiliate or joint venture program be featured on our Website, we may receive financial compensation in the form of affiliate fees and/or rewards or other payment as a result. Please note we will only feature or promote coaches, businesses, or products that we whole heartedly agree with and believe in, and genuinely believe will help our audience.
You are required to use your own judgement with respect to determining whether any promotion of another product is right for you and your business. Our decision to promote, suggest, or reference another service indicates nothing more than an acknowledgement that we respect or appreciate the business, person, or service. Your decision to use or purchase from such a promotion is yours alone, and you understand we have no involvement in your decision, nor shall we have any liability should you purchase from a promoted product and become unsatisfied. You agree and understand we have no liability and you will hold us harmless should this occur.
ENDORSEMENTS
References or links in our Website to other coaches, information, events, services, programs, products, opinions, blogs, emails or companies is merely meant as sharing information and shall not be construed as an endorsement or suggestion that you should purchase or use whatever is shared. Should my Website link or any of my Programs, Products or Services appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute my formal endorsement of them, their business or their website in any way. We are not responsible for any information, content, emails, products, programs, or services of any other person, business, or entity that may be referenced on our Website.
CONTACT
Your use of http://elevate.kelseykurtis.com/ constitutes a full acceptance of the terms of this Disclaimer. Should you have any questions, please contact hello@kelseykurtis.com.