Coaching by Kay

WEBSITE TERMS OF USE

These Terms of Use are entered into between You and [name of Company] (“Company” “we” or “us”) for the use of [name of website] (“Website”) effective as of

  1. PARTIES

The terms “You” or “Your” refers to the user of the Website. By using the Website you agree that you are at least 18 years old or of legal age in your applicable jurisdiction and eligible to form a binding contract with the Company. If you are not at least 18 years old or of legal age in your applicable jurisdiction you must have a legal guardian supervise your use of this Website and any purchases you make from this Website.

The term “Company” shall refer to [name of Company] and it shall be implied that all references to Company include the Website, and all references to the Website include Company.

  1. ACCEPTANCE OF TERMS OF USE

The Terms of Use govern Your use of and access to the Website. The Terms of Use are legally binding and it is Your responsibility to read them before You use this Website or make any purchases from the Website. By using this Website You agree to be bound and abide by these Terms of Use.

Company reserves the right to update or change the Terms of Use at any time in its sole discretion. All changes are effective immediately once posted and apply to all access to and use of the Website thereafter.

  1. PRIVACY POLICY.

Your use of Company’s Website is also governed by Company’s Privacy Policy. Please review our Privacy Policy here [insert hyperlink to privacy policy].

You may be able to log into or confirm subscriptions to various online third party services, from the Website, such as, but not limited to, social networking services like Instagram, Facebook, LinkedIn and Pinterest and communication services like Mailchimp or SMS texting (“Third Party Services”). The manner in which your information is used, stored and disclosed by Third Party Services is governed solely by the privacy policies of those third parties and Company has no liability or responsibility for the actions of such third parties.

  1. INTELLECTUAL PROPERTY RIGHTS AND REMEDY

All content and features on the Website, including but not limited to, blog posts, products created by Company, programs, e-mails, information, images, text, logos, names, trademarks, product and service names, slogans, designs, graphics, video, audio, and the arrangement thereof (the “Intellectual Property”), are owned by Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws. The Company name, marks, logo, and [include anything else that has been trademarked, for example all related names, logos, product and service names and slogans] are trademarks of the Company or its licensors [A trademark is registered with the United States Patent and Trademark Office. If you do not have any trademarks registered you can remove the previous sentence]. No ownership rights or licenses to the Intellectual Property are given or transferred to You by use of this Website and any copying, redistribution or publication by you of any of the Intellectual Property shall be prohibited. You may not use any trademarks or other Intellectual Property belonging to the Company without the prior written consent of the Company.

Notwithstanding any other provision of this Terms of Use, in the event of a violation of this Section 4, Company shall be entitled to seek equitable remedies, including, but not limited to, injunctive relief, to prevent a breach or any further breach of this agreement and to secure enforcement thereof, in addition to any other relief or award to which Company may be entitled.

  1. WEBSITE FOR PERSONAL USE

This Website is solely for personal and non-commercial use. You may not use the content or other materials provided on this Website or purchased on this Website or provided to you through email for any commercial purpose or for any noncommercial or commercial public display.

  1. NO REPRODUCTION

You may not reproduce, distribute, reverse engineer, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material on the Website, including but not limited to, any [list any specific products on your website, for example coaching courses, products etc.] or other original works purchased or downloaded on the Website, from the Website or through an e-mail. Notwithstanding the foregoing, You may print portions of the Website or download your purchased or free products from this Website or any applications provided by the Website for Your own personal, non-commercial use. The products sold or provided on this Website are for personal use. You may not share or distribute them, or sell them to any third party.

  1. COPYRIGHTS AND COPYRIGHT AGENT

If You believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that You claim has been infringed;
  3. A description of where the material that You claim is infringing is located on the Website;
  4. Your address, telephone number, and e-mail address;
  5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Website is [insert name, this can be you if you are the only owner or it can also be your attorney, speak to your attorney first before listing them], who can be reached at:

By Phone: 760-406-9203

By e-mail: coachingbykayinfo@gmail.com

  1. USE OF WEBSITE IN COMPANY’S SOLE DISCRETION.

Use of the Website is at the discretion of Company and Company may terminate Your use of the Website at any time in its sole discretion. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Company will terminate the user accounts of repeat infringers of the Terms of Use and may at its sole discretion limit or terminate access to any purchased products or exclusive information provided to You without refund.

Company may also at its sole discretion limit or terminate access to any purchased products or use of its Website to anyone who infringes any Intellectual Property rights of Company, whether or not there is any repeat infringement.

  1. FEES

Fees for any products offered on the Website are either disclosed on the Website or provided upon request by Company. Company reserves the right to modify its fees at any time without notice. All fees or payment plans must be paid to or initiated with Company before You may have access to the products You purchase. At its sole discretion, Company may modify or eliminate any payment plan offers at anytime without notice.

  1. PAYMENT POLICY

You agree and warrant that all payment methods you provide on the Website and you use to purchase products on the Website, and all related billing and identification information you provide on the Website, for example, billing name, address, and zip code, used in connection with any purchases on the Website, are true, correct and current, and that you are authorized to use such method of payment, for example, credit card or debit card. With regard to any payment plan, you agree to pay Company the amount specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize Company to bill your provided payment method in accordance with the terms of the applicable payment plan. If payments are not made on time, you agree to pay interest on all past-due amounts at a rate of 10% per month or the highest rate allowed by law, whichever is greater. You agree that you will not request a chargeback with Your financial institution and will contact Company if there are any payment issues. In the event You request a chargeback, Company will immediately terminate Your access to products and services from and by the Company.

  1. REFUND POLICY

⁠All coaching services must be scheduled with at least 48 hours’ notice, subject to availability.
• Clients must cancel or reschedule at least 24 hours in advance of the scheduled session.
• Cancellations or reschedules made less than 24 hours before the appointment are non-refundable and non-transferable.
• Missed sessions (“no-shows”) are not refunded and may not be credited or rescheduled.
• Once a session has occurred or services have begun, no refunds are issued.
• This policy applies regardless of reason, including illness, scheduling conflicts, or personal circumstances.

Company works hard to ensure all products offered on the Website are of the highest quality and value.

However, Company wants to ensure you are happy with your purchase. Company’s return policy is as follows:

For Digital Products

Due to the immediate availability of the digital products sold on the Website and the work that goes into these products prior to being sold, Company does not offer refunds. Additionally, if you sign up for a payment plan, Company does not allow you to cancel the remaining payments for any reason. Please read the details and description of the product you are purchasing carefully prior to your purchase so you understand exactly what is included in the product and if you have any questions regarding the product please reach out to Company prior to your purchase.

  1. USER CONTENT

The Website may at Company’s sole discretion allow public comments, photographs, videos or other material created by You to be uploaded onto the Website either publicly or within a private user portal (“User Content”). By submitting User Content, You give Company a non- revocable commercial license to republish your submission in whole or in part, unless you explicitly state in writing that Company does not have such permission.

You are solely responsible for all User Content and all User Content must comply with all applicable federal, state, local, and international laws and regulations. Any User Content that: a) contains hateful, inflammatory, violent, harassing, abusive, defamatory, obscene, indecent, pornographic, sexually explicit, vulgar, offensive, or otherwise objectionable content determined in Company’s sole discretion; b) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; c) infringes on any trademark, copyright, trade secret or other intellectual property rights of any other person or entity; d) contains phishing links, software viruses or anything designed to interrupt, destroy, limit or interfere with the functionality of any computer software or hardware, the use of the Website or any servers connected to the Website, or poses or creates a privacy or security risk to any person; e) solicits personal information from anyone under the age of 18; f) impersonates any person or entity, or misrepresents Your identity or affiliation with any person or organization; g) seeks to collect email addresses or other contact information of other users of the Website for the purposes of sending unsolicited emails or other unsolicited communications; h) promotes commercial activities, sales, solicits entry to contests or sweepstakes, or is spam, a scam or fraudulent, or any other form of solicitation including but not limited to solicitation to join a multi-level marketing business, solicitation to contact other individuals or to engage in fraudulent behavior; or i) promotes any other illegal activity or unlawful act, is strictly prohibited and shall be a violation and breach of these Terms of Use. The determination of whether User Content falls under categories a)-i) shall be in the sole discretion of Company.

Company reserves the right to remove or disable any User Content at its sole discretion without reason. Company does not endorse any opinion contained in any User Content and is not liable for any User Content. You will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind (including attorney’s fees) arising out of any claims related to User Content.

  1. WEBSITE MONITORING / ENFORCEMENT

Company has the right to disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy. Company has the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  1. DISCLAIMER OF WARRANTIES

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, QUALITY, EFFECTIVENESS, SECURITY, AVAILABILITY,

OR ACCURACY OF THE WEBSITE OR ANY PRODUCTS SOLD OR PROVIDED ON THE WEBSITE (TOGETHER “THE PRODUCTS”) FOR ANY PURPOSE. THE PRODUCTS ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE PRODUCTS INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR BY LAW OR BY A CAUSE OF DEALING OR USAGE OF TRADE. ANY RELIANCE YOU PLACE ON THE PRODUCTS OR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR BUSINESS OPPORTUNITIES.

  1. LIMITATIONS ON LIABILITY

To the fullest extent permitted by law, Company will not be liable for any loss or damage caused by any viruses or other harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the Website or any items purchased, downloaded or accessed through the Website. Company makes all efforts to ensure the technology it provides is secure and up to date but shall not be held liable for any technological failure.

Company does not warrant that the Products will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the server that makes the Products available is free from viruses or other harmful technological components. Company disclaims liability for any such errors or omissions.

You understand and agree that, to the maximum extent permitted by applicable law, the Company will not be liable for any direct, indirect or consequential loss or damage incurred by You or others in connection with the Website, any products sold on the Website or any information offered on the Website, including but not limited to, any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, COMPANY IS DETERMINED IN A COURT OF LAW TO HAVE ANY LIABILITY IN CONNECTION

WITH A PRODUCT PURCHASED FROM THE WEBSITE, THE AGGREGATE LIABILITY WILL BE LIMITED TO THE PRICE OF THE PURCHASED PRODUCT.

Any claim brought against Company must be filed within one (1) year of the alleged incident causing such claim, otherwise such claim shall be permanently barred.

  1. NOT MEDICAL ADVICE

Website is for educational and entertainment purposes only and is not intended as a substitute for the advice, treatment and/or diagnosis of a licensed healthcare professional. Company is not a licensed healthcare provider and nothing provided on this Website is intended as providing medical advice, making medical claims, or providing secondary medical opinions. Website may cite scientific studies or other licensed healthcare professionals from time to time but this is for informational purposes only and is not a substitute for the medical advice of your provider.

  1. ​

Company participates in the following affiliate programs: Any programs. These programs are designed to provide Company with the opportunity to earn commissions from selling and promoting products on the Website and other forms of social media. Some links included on this Website may be affiliate links. If you click on any of those links and make a purchase within a certain timeframe, Company will earn a small commission. The commission is paid by the retailer’s affiliate program at no cost to you. If Company is ever paid directly to promote a product or to create content regarding a product, Company will disclose that the content is sponsored.

  1. INDEMNITY AND RELEASE

You agree to indemnify, defend and hold harmless Company, its directors, managers, shareholders, members, officers, affiliates, employees, agents and licensors (the “Indemnitees”) from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees arising out of and relating to, whether directly or indirectly, Your breach of these Terms of Use, including but not limited to any use of the Website’s products or provision of User Content other than as expressly authorized in these Terms of Use, or Your use of any of the information obtained from the Website whether free or purchased.

  1. MODIFICATIONS AND DISCONTINUATION

Company reserves the right to modify or discontinue the Website, and any product offered on the Website, or any part thereof, temporarily or permanently, with or without notice. You agree that Company will not be liable if all or any part of the Website is unavailable at any time or for any period.

  1. TERMINATION

Company has the right in its sole discretion to terminate or suspend your access to the Website and any products purchased therein, for any or no reason including, the violation of these Terms of Use.

  1. SEVERABILITY

If any portion of this Terms of Use is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

  1. ENTIRE AGREEMENT

This Agreement constitutes the full and final agreement between You and Company regarding the use and access of the Website. All earlier and contemporaneous agreements, negotiations, understandings, representations and warranties between You and Company regarding the Website whether written or oral are expressly succeeded by this Agreement.

  1. CONTACT

This Website is operated by Coaching by Kay. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:

CEO

Coaching by Kay 760-406-9203

coachingbykayinfo@gmail.com

  1. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

  1. BINDING ARBITRATION, VENUE AND CHOICE OF LAW

In the event of any controversy or claim arising out of or relating to the Terms of Use or the breach thereof, You and Company agree to act in good faith to reasonably and promptly try to resolve, by negotiation, any dispute that may arise under or related to this Terms of Use. If You and Company cannot resolve the dispute by good faith negotiation, you agree to first try and resolve such controversy or claim by mediation conducted by and in accordance with the rules of the American Arbitration Association (“AAA”). If the controversy or claim cannot be resolved by

mediation within sixty (60) days of the initial claim or controversy being brought forth, You and Company shall settle the dispute by binding and non-appealable arbitration conducted by and in accordance with the rules of AAA, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of mediation or arbitration shall be California. Where federal law is not applicable California law shall apply. Each party shall pay its own proportionate share of arbitrator and legal fees and expenses, however the prevailing party in any arbitration hereunder shall be awarded reasonable attorneys’ fees, expert and non- expert witness costs and any other expenses incurred directly or indirectly with said arbitration, including without limitation the fees and expenses of the arbitrator(s). The parties waive their right to lead or participate in any class action lawsuit.

DISCLAIMER

The information on this website and in coaching sessions is educational and informational only. Coaching by Kay is not a medical doctor, psychologist, therapist, or dietitian.

Nothing provided is approved by the Food and Drug Administration (FDA) and services do not diagnose, treat, cure, or prevent medical or mental-health conditions.

You should not discontinue, adjust, or change any prescription medication regimen without first consulting your physician and medical care team. Coaching by Kay will never advise you to discontinue, adjust, or change your prescription medication regimen. Before making any changes related to medications, supplements, herbs, diet, or lifestyle, always consult a licensed provider. Coaching by Kay makes no warranties or guarantees regarding outcomes, symptom improvement, or resolution of any condition, illness, or disorder. You understand that any decisions or changes made based on coaching guidance are voluntary and self-directed, and you accept full responsibility for your physical, mental, and emotional well-being. Coaching by Kay is not responsible or liable for any adverse, unexpected, undesired, or negative reactions arising from your interpretation or implementation of guidance. If you experience a medical or mental- health emergency, call medical emergency services immediately. By using this website or participating in coaching, you acknowledge and agree to this Disclaimer, the Terms of Use, and the Privacy Policy.

THANK YOU FOR ABIDING BY OUR TEMRS OF USE, HAPPY BROWSING!

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