Terms of Service — Kelsey Kurtis

TERMS OF USE FOR KELSEY KURTIS, LLC

Last Updated: February 6, 2024

Please read these Terms of Use carefully before purchasing, accessing or using any of our Programs, Products and Services.

TERMS OF USE

By purchasing any of our Programs, Products and Services (“Materials”) from Kelsey Kurtis, LLC (“Company”, “we”, or “us”), you agree and consent to the following legal terms and conditions that govern your use of the Program and that form a legal agreement between you and the Company, its affiliated subsidiaries and related entities. The term “you” refers to any purchaser and/or user of any of our Programs, Products and/or Services.

By using any of our Programs, Products and Services you are agreeing to the Terms of Use 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 these Terms of Use, please do not use our Programs, Products and Services.

CHANGES TO TERMS OF USE

We reserve the right to amend or update these Terms of Use at any time with or without notice to you, and may also add new features or functionality to, or change or remove existing features or functionality from, the Service that will be subject to the Terms of Use. Any User who continues to use the Service after any changes are made will be deemed to have agreed to those changes. By accepting these Terms of Use, you acknowledge that you have read them carefully.

ARBITRATION NOTICE

These Terms of Use require that dispute between you and Company will be resolved by binding, individual arbitration on an individual basis, rather than jury trial, and limit the remedies available to you in the event of a dispute. You understand that you waive your right to participate in a class action lawsuit or class-wide-arbitration and that you are waiving certain other legal rights and you are voluntarily agreeing to do so.

USE AND CONSENT

By purchasing or using any of our Products, Programs or Services, you acknowledge and agree to abide by these Terms of Use as well as our Disclaimer, Terms and Conditions and Privacy Policy (LINK EACH OF THESE DOCUMENTS- DISCLAIMER, T&C AND

PP HERE), and any and all other Terms and Conditions that may apply. Accessing, purchasing, viewing, or using our Products, Programs or Services constitutes use of the Product, Program or Service.

All of our Products, Programs, Services and Program Materials are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Product, Program, Service or Program Materials by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Programs, Products, or Services or our Program Materials, you represent and warrant that you are at least 18 years old.

You are responsible for making all arrangements necessary for you to have access to our Products, Programs and Services and ensuring that all person who access such through your internet connection are aware of these Terms of Use and are at least 18 years old.

INTELLECTUAL PROPERTY RIGHTS

Our Products, Programs and Services, and Program Materials derived from, are the property of Company and/or our affiliates or licensors, and are protected by US Patent and Trademark laws, copyright laws and other intellectual property laws. When you use a Product, Program or Service you are agreeing that you are clearly and expressly prohibited from copying, sharing or otherwise using the Program Materials in whole or in part.

As a Licensee of our Products, Programs and Services, you understand and acknowledge that all materials have been created, curated and developed by Company using significant time, effort, expenses and investment and that as such, all material is a valuable and unique asset belonging to Company and shall not be used in an improper or unauthorized manner. You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.

By enrolling in, purchasing or engaging our Products, Programs and Services, you specifically acknowledge and agree that you are expressly prohibit from the following:

● You shall not engage in improper and/or unauthorized use of our Products, Programs or Services, which includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or any other electronic means) any materials or any other information accessed or purchased through our Products, Programs or Services,

or any other communications provided by us for your own personal use,

business/commercial use or in any way that earns you money. ● You shall not participate in the following:

o Copying, sharing, adapting, stealing, duplicating, sharing, trading, reprinting, republishing, selling, distributing, modifying, reproducing, uploading, posting, transmitting, translating, or creating derivative works related to our Products, Programs or Services.

o Representing yourself out to be the creator of our Products, Programs, Services or Program Materials in whole or in part.

o Engage in any activity using our Products, Programs and Services for your personal use, in a business/commercial use or in any way that earns you money.

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Programs, Products or Services or Program Materials as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law. You further agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.

Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (TM) or ® may not be used by you for any reason without our express written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

WORK PRODUCT

We agree that you hold all intellectual property rights in any of the work products you produce as a result from participating in our Products, Programs and Services including but not limited to copyright and trademark rights. We agree not to hold any claims towards any work product derived from your participation in any Products, Programs and Services.

OUR LIMITED LICENSE TO YOU

Our Products, Programs and Services are protected by copyright, trademark, and other intellectual property laws, and the content in such is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Program Materials or any other material or aspects of Materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

By purchasing, downloading or accessing our Products, Programs, Services and Program Materials, you are being granted a limited license and as such are considered to be a Licensee. As a Licensee, you are granted the expressed permission to download, print and participate in any of our Products, Programs or Services for your personal use and are expressly prohibited from sharing the Product, Program, Service or material with friends, family, colleagues, etc.

YOUR LICENSE TO US

By posting or submitting any material on or through our Products, Programs, Services or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

By submitting or posting any comments, photographs, images, videos, audio recordings or any other submissions for use on or through our Website, you are. Granting to us, and anyone authorized by us, consent to make it part of our current or future Website, Products, Programs, Services and/or Program Materials. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You may, however, at any time, ask us to delete this information. The voluntary submission of such information grants to us, and anyone authorized by us, consent to identify you as the author of any such comments, photographs, posts, images, video or audio recordings by name, email address, avatar or user/screen name.

You also grant to us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, transmit, sell, distribute, and/or publicly display such comments, photographs, images, videos, audio recordings or any other submissions in whole or in part, in any manner or medium.

COMPANY HYPERLINK

You may use a hyperlink to our website or content so long as the link does not state, imply or otherwise suggest any sponsorship, endorsement by, or ownership by in our

Website or content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. Furthermore, you may not frame or inline link our Content without our written permission.

LINKS TO OTHER WEBSITES

From time to time, we may provide links to other websites maintained by third parties. These links are provided for your convenience and the inclusion or suggestion to use these links does not imply our endorsement, sponsorship or approval of that website by the Company. Company does not endorse, sponsor nor are we responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included in our Products, Programs, Services or Product Materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

MEDIA RELEASE

Participation in, viewing and using our Products, Programs, Services and Program Materials, including our Facebook community, implies consent to view your photographs, audio recordings, video recording and images with others in the Facebook community and you acknowledge that these photographs, audio recordings, video recording and images may be used in connection with marketing materials, promotional efforts or current or future Products, Programs or Services, without compensation to you at any time, now or at any time in the future.

CONSENT TO RECORD

Kelsey Kurtis, LLC, from time to time, may host webinars, workshops, masterclasses, trainings, challenges, question and answer sessions and/or any other type of instructional or educational meetings (“Meetings”) which may be recorded. By agreeing to this Terms of Use, you acknowledge and consent to be recorded during a Meeting which you may attend. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You further consent and grant Company a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, transmit, sell, distribute, and/or publicly display such recorded meetings in whole or in part, in any manner or medium such as on our Website, for marketing purposes, on our social media platforms or in promotions for our Programs or Services. Kelsey Kurtis, LLC maintains all private information and confidentiality for anyone who

attends a Meeting and further agrees not to share any confidential information, whether in a public or private manner, unless as required by law.

REQUEST FOR PERMISSION TO USE CONTENT

Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by sending an e-mail to hello@kelseykurtis.com.

The email should clearly state the following:

● Your intent to use our Products, Programs, Services or Program Materials, in whole
or in part, and the specific name of the Product, Program, Service or Program
Material you wish to use;
● The specific manner in which you wish to use the Products, Programs, Services or
Program Materials
Should you be granted permission by Company to use the requested Products, Programs, Services or Program Materials, you agree to use the Content only in the manner in which Company give specific written permission to do so.
If you use the Content in ways that are not specifically granted to you by Company’s expressed written permission, you agree that Company shall have all remedies available to us under the law as if you had copied, duplicated and/or stolen such Content in direction violation of Intellectual Property and ownership rights as well as a direct violation of these Terms of Use.
CONFIDENTIAL INFORMATION
To use our Products, Programs and Services we may seek Confidential Information, or you may offer or provide a comment, photograph, image, video, audio recording, e-mail address, phone number, street address, billing information, birthday, preferences, interest, assignments or any other personally-identifying information (“Confidential Information”) by submission to us. By providing such Confidential Information, you expressly grant to Company permission to use and store such information. In turn, we will use our best efforts to maintain your confidential information in a safe, secure and confidential manner in accordance with these Terms of Use and our Privacy Policy. If you believe that any of your Confidential Information is incorrect or incomplete, please contact the Company as soon as possible so that we may correct any and all incorrect information.

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information as follows:

1. Pursuant to the terms in this Terms of Use and Privacy Policy and our Disclaimer;
2. If we are required to do so by law;
3. In the good-faith belief that such action is necessary to conform to the law;
4. To comply with any legal process served on either us or our partners, sponsors,

investors, or affiliates;
5. To protect and defend our rights or property or those of our users or purchasers,

and/or;
6. To act as immediately necessary in order to protect the personal safety of our

users, purchasers, or the public.
We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

WHAT COMPANY DOES WITH CONFIDENTIAL INFORMATION

Company requests and requires various personal data and/or Confidential Information through registration of, purchase of, use and viewing of our Products, Programs, Services and Program Materials as well as directly requested information from our consumers.

Company acknowledges that we may use such data and Confidential Information for the following:

Internal billing and/or record keeping (such as tracking of income, users, followers, social media or otherwise, etc);
To improve, promote and/or customize our current and/or future Products, Programs, Services and Program Materials or special offers and promotions;
Data for research purposes;
All data and Confidential Information is stored in a data management system
which can only be accessed by Company or its representatives, staff, affiliates, or those who would help manage such information by direction and control of Company.

If at any point, you wish not to receive any promotional materials associated with our Products, Programs, Services or Program Materials, you may send an email to hello@kelseykurtis.com to unsubscribe and be removed from our email list.

VIEWING CONFIDENTIAL INFORMATION BY OTHERS

By agreeing to these Terms of Use, you understand and acknowledge that whenever you make your Confidential Information, data or any such other information available for viewing by others, such Confidential Information, data or any such other information

may also be seen, heard, collected and used by others and therefore Company does not assume responsibility for any unauthorized use by others that you voluntarily share online or in any other manner.

HOW WE USE COOKIES

Company uses “cookies” in the manner of the standard feature of major web browsers. Company does not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. Should you choose to disable cookies through your web browser settings, you may disable certain features in our Products, Programs, Services and Program Materials.

FACEBOOK GROUPS

Certain Products or Programs offered by Company come with a private Facebook Group. These Terms apply to the Facebook Group. Furthermore, you understand that Facebook is a public platform and therefore, we cannot guarantee your privacy for things that you voluntarily share in the group as other members will also see what is posted.

PRIVACY
Please review our full Privacy Policy (LINK PP HERE) for how we use and handle all of your information as well as your rights to such information.

PASSWORDS

In order to use certain Products, Programs, Services or Program Materials, or certain features of, you may be issued or asked to create a username and password of your choosing. You are responsible for maintaining the confidentiality of the username and password and are responsible for all activities that occur while using your username, password or account, and to protect your own password from disclosure to others. Company does not permit you to share your username and/or password and we reserve the right to immediately terminate your access to the Product, Program, Service, Program Materials, Website, private forum, Facebook group or any other related communications. Company is not liable for any loss or damage arising from your failure to protect your password or account information. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify Company immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Products, Programs and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately deactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your

password(s) 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.

SECURITY

By applying for, enrolling in, purchasing, accessing or using our Products, Programs, Services or Program Materials, Company may request and collect personal data including but not limited to your name, email address, telephone number, billing information, address, credit card/debit card/bank account information, demographic information, preferences, interests or other personally identifying information (“Confidential Information”). Providing such Confidential Information grants us permission to use and store such Confidential Information in accordance to our Privacy Policy and Terms and Conditions (INSERT LINK TO PP AND T&C HERE).

Company has security measures in place to prevent the loss, misuse, and alteration of any and all information that is obtained from you. However, Company makes no assurances about our ability to prevent such loss, misuse to you or any third party arising out of any such loss, misuse or alternation. Company will use our best efforts to keep your Confidential Information safe, secure and confidential. Due to the nature of the internet, Company cannot completely ensure nor warrant the security of your Confidential Information or any other data or information transmitted to us. Therefore, submitting Confidential Information is done at your own risk.

ASSUMPTION OF RISK & DISCLAIMER

As a Licensee, you agree that using our Products, Programs, Services and Program Materials are done at your own risk and acknowledge that these Products, Programs, Services and Program Materials 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 these Products, Programs, Services and Program Materials. Our 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 Products, Programs, Services and Program Materials, however, we cannot completely ensure or warrant the security of our Products, Programs, Services and Program Materials. 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 Products, Programs, Services and Program Materials and you agree and acknowledge to assume the risk in using our Products, Programs, Services and Program Materials. You assume and accept the risk of not achieving any results (or less than desirable results) from participating in Company’s Products, Programs, Services or Program Materials.

Company expressly excludes any and all liability for direct, indirect or consequential loss or damage incurred by you or others by using or in connection to our Products, Programs, Services and Program Materials, to the fullest extent of the law, including but not limited to any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

You specifically acknowledge and agree that Company is not liable for any defamatory, offensive or illegal conduct of any other Products, Programs, Services or Program Materials participant or user, including you.

MEDICAL DISCLAIMER

We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

LEGAL AND FINANCIAL DISCLAIMER

Company’s Products, Programs, Services and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Products, Programs, Services and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, CPA, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, 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 Products, Programs, Services and Program Materials. You are solely responsible for your results.

EARNINGS DISCLAIMER

As a Licensee, you accept and understand that each individual receives results which differ from Licensee to Licensee and that Company expressly disclaims all responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results. Company does has not and does not make any representations as to health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in any of our Products, Programs, Services and Program Materials. Company does not make any guarantees in terms of particular results, positive, negative, financial or otherwise, through of the use of our Products, Programs, Services or Program Materials.

WARRANTIES DISCLAIMER

Company makes no warranties as to our Products, Programs, Services and Program Materials. You expressly agree and acknowledge that our Products, Programs, Services and Program Materials are provided “as is” and without warranties of any kind expressed or implied. Pursuant to all applicable law, Company disclaims all warranties, express or implied, to the fullest extent of the law, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, we do not warrant that our Products, Programs, Services and Program Materials will be correct, uninterrupted, function, appropriate or error-free, that defects will be corrected, or that any part of the website, content, link, materials or otherwise will be free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Products, Programs, Services and Program Materials or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

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 Products, Programs, Services and Program Materials through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, 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 Products, Programs, Services and Program Materials. 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 Products, Programs, Services and Program Materials. You acknowledge that access might be suspended 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 Products, Programs, Services or Program Materials 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 Products, Programs, Services and Program Materials.

INDEMNIFICATION

SPEAKER INDEMNIFICATION

Some of the Products, Programs and Services of Company may involve Guest Speakers which are in no way affiliated with Company. You acknowledge and agree to indemnify and hold harmless the Company, its employees, officers, directors, agents, personnel, other independent contractors and affiliates, from any and all claims, losses, demands, causes of action, damages, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the Performance or actions of Guest Speaker under this Agreement.

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 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 Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.

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 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.

These Terms of Use require 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 Products, Programs, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.

YOUR CONDUCT

You are agreeing that you will not use our Products, Programs, Services or Program Materials in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

You must use the Programs, Products, Services or Program Materials for lawful purposes only. You agree that you will not use our Programs, Products, Services or Program Materials in any of the following ways:

● For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
● To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others

● To send, negatively impact, or infect our Programs, Products, Services or Program Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
● To cause annoyance, inconvenience or needless anxiety
● To impersonate any third party or otherwise mislead as to the origin of your
contributions
● To reproduce, duplicate, copy or resell any part of our Programs, Products,
Services or Program Materials in a way that is not in compliance with these Terms
Company reserves the right to remove any member from our Membership Site(s), Programs, Products or Courses for violation of the terms as found in this Terms of Use at its discretion. Reasons for removal may include but is not limited to:

● A violation of conduct as found in the paragraph listed above;
● The use of Products in violation as is listed in this Terms of Use;
● Member’s company or business is a direct competitor of Company;
● Cyber bullying, harassment or any other type of abuse within the Membership or
Facebook group;
● Any other reason as Company shall see fit.
COMMUNICATION GUIDELINES
If you have a question or concern about your Programs, Products, Services, or Program Materials, you may send an e-mail to hello@kelseykurtis.com and we will do our best to reply to your question or concern promptly.
PURCHASE AND ONLINE COMMERCE
By purchasing or accessing our Products, Programs, Services and Program Materials, you grant permission to Company to automatically charge your credit, debit card or PayPal account as a method for payment without any additional authorization, for which you shall receive an electronic receipt of such transaction.
All information obtained during your purchase or transaction for our Products, Programs, Services and Program Materials and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. Per our Privacy Policy, please make sure that you review the privacy policy of our payment processor.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these

independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Products, Programs, Services and Program Materials, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Products, Programs, Services and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Products, Programs, Services and Program Materials (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Products, Programs, Services or Program Materials, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible

or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

PAYMENTS

You acknowledge and agree to pay the full cost of the Program as follows:

Elevate a Brand Photography Collective (“Elevate”)

● Monthly: $49.00/month; or Annual: $490.00/year

Should You be unable to make the payments as outlined in this Terms of Use, you agree to promptly notify Company and/or Company’s Team to ensure payments are not missed.

You agree and acknowledge that Company may make changes to any Programs, Courses and/or Membership sites at any time and without notice.

LATE PAYMENT AND CANCELLATION POLICY

In the event, a payment is not received by the date due, Company shall grant a limited day grace period to make the payment, otherwise the Program or Service will not continue. We reserve the right to cease access immediately and permanently.

Should you fail to make a payment in a timely manner in accordance with these Terms of use, or voluntarily decide to withdraw from our Products, Programs or Services at any time or for any reason whatsoever, you remain fully and wholly responsible for the full cost of the Product or Program and Company shall retain all rights available to them under the law.

Cancellation policies vary by program type: Memberships may be cancelled by submitting a written cancellation to hello@kelseykurtis.com within a (7) day period prior to the next recurring payment (due date). No refunds shall be given for notices that are provided less than the (7) day period.

REFUND POLICY

Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a no refund policy. Unless otherwise provided by law and in this Agreement, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. By using

and/or purchasing any of our Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.

LIFETIME ACCESS

You agree and acknowledge that you may be granted a “lifetime access” limited license to access certain Products, Programs or Services. Such “lifetime access” is available only for a renewed membership in the Elevate a Brand Photography Collective membership. Company reserves the right to revoke any license to access any Products, Programs or Services at any point in time in the event that Company is under a legal obligation to do so, any of the terms of this Terms of Use are breached, if the Company shall choose no longer provides the Products, Program or Service or for any other reason as the Company shall see fit. The revocation of such license does not obligate the Company to issue a refund, whether in full or a partial refund, for such Products, Programs or Services, for any reason.

CHANGES TO PRODUCTS, PROGRAMS AND SERVICES

You agree and acknowledge that the Company reserves the right to update, amend, change or disable specific portions of any Products, Programs or Services at any point in time and for any reason as the Company shall see fit. Any amendment, update, change or disabling of any portion of any Products, Programs or Services does not obligate the Company to issue a refund, whether in full or a partial refund, for such Products, Programs or Services, for any reason.

DISPUTE RESOLUTION

It is the intent of Company that should any differences arise, we could work them out amicably through written correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at hello@kelseykurtis.com and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.

By purchasing our Products, Programs, Services and/or Program Materials you are agreeing to a modification of the statute of limitations such that any arbitration must begin within (1) year of the date of your correspondence referenced above or you waive the right to seek dispute resolution by arbitration or take any other legal action.

You also agree that should arbitration take place, it will be held in Bellingham, Washington, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Products, Programs or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

GOVERNING LAW

These Terms of Use shall be governed by the laws of the State of Washington, regardless of the conflict of laws principles thereof.

If you have any questions about any term of these Terms of Use, please contact us at hello@kelseykurtis.com. Thank you.

Additionally, please review the terms of our Privacy Policy for how your information is stored and shared.

TERMS AND CONDITIONS

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/ (hereinafter “Website”) and any content therein (defined below) is owned and operated by Kelsey Kurtis, LLC an LLC in Washington (hereinafter “we” “us” “our”). Please read all Terms & Conditions before using our Website - by visiting and using this Website, you (hereinafter “visitor” “you” “your”) are consenting that you have read these Terms & Conditions and agree to be bound by them.

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 these Terms and Conditions. Use of this Website by anyone under 18 is strictly prohibited by us.

By accessing this Website you are agreeing to the terms of these Terms and Conditions 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 the included terms, please cease visiting our Website and do not use our Programs, Products and Services.

These Terms and Conditions are 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 Terms and Conditions 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 these Terms and conditions, 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.

Should you purchase a program, product or service from us, you acknowledge that you are over 18. Purchase of a program, product or services by anyone under 18 is strictly prohibited by us. The purchase of any program, product or services is subject to the terms outlined in the Terms of Use associated with the specific program, product or service purchase. These Terms of Use shall prevail in the event of a conflict or issue.

INTELLECTUAL PROPERTY RIGHTS

This Website is derived from, are the property of Company and/or our affiliates or licensors, and are protected by US Patent and Trademark laws, copyright laws and other intellectual property laws. This Website contains original work that has been created for the sole use of Kelsey Kurtis, LLC and is considered intellectual property and is protected under Federal Intellectual Property Laws which prevents unauthorized use of our materials. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Website

and within the content provided, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Website, to the extent protectable, and any and all other information accessible through this Website, which constitutes proprietary information. This protection also includes any and all content that appears on the Website, including blog posts, program names, and any other text whether or not authored by us. All proprietary information and content hereinafter identified as (“Content”).

As a visitor of our Website, you understand and acknowledge that all materials have been created, curated and developed by Company using significant time, effort, expenses and investment and that as such, all material is a valuable and unique asset belonging to Company and shall not be used in an improper or unauthorized manner. You will not use our Website content, Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.

Your ability to view the Website content grants you a limited, revocable, non-transferable license to use the information available to you for your personal, non-commercial use only. Should you decide to purchase a product, package, or service from our Website, you will also be granted a limited license to use the information contained therein, as outlined in the Terms of Use or Client Agreement associated with each product or service available for purchase.

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Website content, Programs, Products or Services or Program Materials as set forth in these Terms and Conditions is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law. You further agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.

All rights not expressly granted in these terms or any express written license, are reserved by us.

At times you may be offered free download, printable, audio or visual content, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to access this material,

you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide Kelsey Kurtis, LLC credit, will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.

OUR LIMITED LICENSE TO YOU

By visiting our Website, you specifically acknowledge and agree that you are expressly prohibit from the following:

● You shall not engage in improper and/or unauthorized use of our content, which includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or any other electronic means) any materials or any other information accessed on our Website or purchased through our Products, Programs or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
● You shall not participate in the following:

o Copying, sharing, adapting, stealing, duplicating, sharing, trading, reprinting,

republishing, selling, distributing, modifying, reproducing, uploading, posting, transmitting, translating, or creating derivative works related to our Products, Programs or Services.

o Use, post, distribute, copy, steal or otherwise use any portion of our Website, including content or products, without express, written permission provided by Kelsey Kurtis, LLC and understand that any such use may constitute infringement, which may give rise to a cause of action against you.

o Representing yourself out to be the creator of our Products, Programs, Services or Program Materials in whole or in part.

o Share purchased materials, information, content with others who have not purchased them.

o Engage in any activity using our Products, Programs and Services for your personal use, in a business/commercial use or in any way that earns you money.

o Use any portion of our Website, including all Content, information, and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it.

o You further acknowledge and understand that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of these Terms and Conditions and United States Federal laws, and we reserve the right to prosecute this infringement to the full extent of the law.

o Any requests for written permission to use any content posted on our Website shall be made before you wish to use any such content, and may be made by sending an email with your written request to hello@kelseykurtis.com.

YOUR LICENSE TO US

By posting or submitting any material on or through our Website, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials, and you are at least 18 years old.

You also grant to us and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, transmit, sell, distribute, and/or publicly display such comments, photographs, images, videos, audio recordings or any other submissions in whole or in part, in any manner or medium.

Should you choose to post anything on our Website, social media pages, webinars, or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyber bulling, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.

You may use our Website for lawful purposes only, and agree you will not post, comment, or otherwise transmit any content which infringes the rights of another, and agree to hold us harmless should you do so. You also agree and understand you are not to post any content which would constitute a criminal offense, use the Website or content for fraudulent or unlawful purposes, create civil liability, is repugnant, constitutes a violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise objectionable. You agree that we are the sole decider in whether content you post is objectionable and have the unilateral right to remove any content you post, without explanation or ramifications. You also understand that we may be obligated to take further legal action, based upon information you post, and reserve our right to do so. Should a third party choose to take legal action against you, as a result of something you posted on our Website, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.

DISCLAIMER

This Website shall be used solely to provide educational information to all visitors. Any Content contained on this Website, or Content you received due to agreeing to an opt-in to an email list, freebie, or otherwise, is solely for educational and informational purposes only. Company does not guarantee any specific results, changes, gains, outcomes, financial, legal or medical, through the

use of our Website, Program, Products, Services or Coaching Programs. You acknowledge and agree that use of our Website, Program, Products, Services or Coaching Programs is purely voluntary.

You acknowledge and agree that visiting our Website, use of the information contained herein, and the purchase of products is done on a voluntary basis by you. Company is not responsible or liable for any harm of damage to you or yourself or your business resulting from direct or indirect use of materials or content contained on our Website. You agree to hold Company harmless from any damages directly or indirectly resulting from your use of Content or products/services on our Website or distributed through email and agree you will not make any claims against us or the Company herein.

Our Website and the Content and Products produced are not to be relied upon in any way as medical, legal, financial, or business advice. Nothing on this Website, in our products, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant, therapist, financial advisor, business consultant, or other expert regarding the details of your specific business or life. You are encouraged to consult with your own professionals for any questions you may have regarding your particular business or situation regarding legal, business, medical, or financial questions, or any similar professional that may address your own individual situation.

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.

CONFIDENTIAL INFORMATION

To use our Website, to gain access to our email list or blog, we may seek Confidential Information, or you may offer or provide a comment, photograph, image, video, audio recording, e-mail address, phone number, street address, billing information, username and password, birthday, preferences, interest, assignments or any other personally-identifying information (“Confidential Information”) by submission to us. By providing such Confidential Information, you expressly grant to Company permission to use and store such information. In turn, we will use our best efforts to maintain your confidential information in a safe, secure and confidential manner in accordance with these Terms and Conditions and our Privacy Policy. If you believe that any of your Confidential Information is incorrect or incomplete, please contact the Company as soon as possible so that we may correct any and all incorrect information. Please note you are responsible for keeping track of your username and password and understand that you bear the consequences should you choose to share this confidential information with anyone.

You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through the Website or a third-party payment processor will be accurate, current and belong to you. You understand you may not hold yourself out as someone else or use anyone else’s information and agree to bear the consequences should you use anyone else’s information as your own.

Pursuant to the terms in this Terms and Conditions, Terms of Use, Privacy Policy and our Disclaimer;
If we are required to do so by law;
In the good-faith belief that such action is necessary to conform to the law;
To comply with any legal process served on either us or our partners, sponsors, investors, or
affiliates;
To protect and defend our rights or property or those of our users or purchasers, and/or;
To act as immediately necessary in order to protect the personal safety of our users,
purchasers, or the public.

We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

PURCHASES MADE THROUGH OUR WEBSITE

You agree and acknowledge that all purchases made through our website are done on a voluntary basis and that you are to remain financially responsible for any and all purchases made by you, or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available at a later date confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than

yourself, you understand and agree that you alone remain financially responsible for purchases made through our Website.

You agree and acknowledge that any information provided by you to us or our payment processor is true and accurate. Should your payment fail to process, we reserve the right to withhold the intended purchased product from you unless and until payment is properly rendered.

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.

Company takes reasonable precautions and measures to keep all information private and confidential. We accept no responsibility for any third-party hacking or third-party ability to gain access to such confidential information held by us. You are agree and understand that we shall not be held liable for any unauthorized access to or use of your information, property, regardless

of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.

Furthermore, Company takes no responsibility or liability for policies of third-party payment processing companies used to make payments through our Website. Please note that by using the third-party payment processor or visiting our Website subjects you to the terms and conditions, privacy policies, and disclaimers of those company, in addition to our own. We highly recommend that you read their individual policies and terms and conditions in addition to our own. Should you incur any damages as a result of the use of a third-party payment processor, you agree not to file or assert any claims against arising from the purchase of a product or service.

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 Website, 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.

You acknowledge 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.

Company attempts to monitor any comments and posts made by all users and third-parties in order to protect all our visitors. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third-party. You understand we

cannot be responsible for material posted by a user without our control and agree to release us of any and all claims arising therefrom.

LIMITATION OF LIABILITY

You agree that visiting our Website, using our Products, Programs, Services and Program Materials are done at your own risk and acknowledge that these Products, Programs, Services and Program Materials 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 these Products, Programs, Services and Program Materials. Our 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 Website, Products, Programs, Services and Program Materials.

You further acknowledge that the information provided in our Website is general information only and is not suitable for all persons, businesses, locations, countries, or specific situations. By purchasing a product or service or visiting our Website, you acknowledge to do so is purely voluntary.

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, mental or physical health, income, finances, earnings, business, clientele, client base, or any other result 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.

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.

You also acknowledge and agree that we make no warranties, express or implied, and hereby renounce 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 used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.

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.

DISPUTE RESOLUTION

By visiting our Website, purchasing our Products, Programs, Services and/or Program Materials you are agreeing to a modification of the statute of limitations such that any arbitration must begin within (1) year of the date of your correspondence referenced above or you waive the right to seek dispute resolution by arbitration or take any other legal action.

If any terms of these Terms and Conditions are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

GOVERNING LAW

These Terms and Conditions shall be governed by the laws of the State of Washington, regardless of the conflict of laws principles thereof.

TERMINATION

Company has the right to refuse or immediately terminate your access to our Website at any time, for any reason, with or without notice. Should this occur, no explanation is owed to you, nor is this decision subject to any appeals or legal action. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you in a way we see fit, which you agree will be satisfactory to you.

Should you have any questions about any term of these Terms and Conditions, please contact us at hello@kelseykurtis.com. Thank you.

Additionally, please review the terms of our Privacy Policy for how your information is stored and shared.

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