Terms & Conditions
Last updated: July 11, 2022
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. The headings or captions used in this agreement are for reference purposes only and are not intended to be used or relied upon in interpreting or enforcing this agreement.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Coaching refer to consult calls/meetings, 1:1 or group coaching, which are a type of Service, or any type of Service.
Country refers to: Colorado, United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Disclaimer) refers to KLW Coaching, LLC, 1312 17th Street, Suite 961, Denver, CO 80202, CO, United States and KLW Coaching’s wholly owned subsidiary The Wildly Confident Podcast, LLC. KLW Coaching, LLC sometimes does business as Kathrine Weissner Coaching.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Orders mean a request by You to purchase Coaching from Us.
Service means the Website, Podcast (The Wildly Confident Podcast), Blog, Instagram (@katweissner), Facebook (KLW Coaching) or Consult Calls, Coaching of any kind, Somatic Confluence Sessions, meditations & recorded meditations, and any content, functionality and services offered on the Website, Podcast (The Wildly Confident Podcast), Blog, Instagram (@katweissner), Facebook (KLW Coaching), Email newsletters, courses, free resources, annual or month subscription programs and Coaching.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to My Site, accessible from http://www.klwcoaching.com and any content, functionality and services offered on or through the Website including links and other pages on the Website.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Placing Orders for Coaching
By placing an Order for Coaching through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Coaching available on the Services, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
The Company’s Cancellation Rights
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
We also reserve the right to cancel the Coaching and refund you on a pro-rata basis for “good cause”.
Your Cancellation Rights
All sales are final, and the Company does not offer any money-back guarantees unless stated clearly in writing in a fully executed contract with the Company other than these Terms & Conditions. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
Upon providing deposit or full program payment you are authorizing the Company to process your payment. Upon approval of your application, you are responsible for full payment of fees for the program. No refunds will be issued if you are accepted into the program and all installments must be paid on a timely basis.
Certain of the Company’s Services are offered on an ongoing basis with a monthly or yearly subscription. Users may cancel subscriptions at any time by emailing email@example.com. Your subscription shall be terminated immediately upon cancellation subject to a 30 day notice, and you shall not receive any refund. You shall not be charged after a cancellation but will retain access to the subscription service through the date paid. Notwithstanding anything to the contrary, this paragraph does not apply to Coaching which must be paid in full or all installments paid on a timely basis, you can’t cancel Coaching contracts unless you have that option in writing in a fully executed contract with the Company other than these Terms & Conditions.
Client and Coach agree to respect and communicate schedule conflicts at least 24 hours in advance, pending emergencies, so they can give the coaching collaboration their focus, respect & attention. In the event that Client cancels a meeting within 24 hours of a meeting for a non-emergency – the canceled meeting will count towards one of the 6 meetings.
If You book a Service and need to reschedule it to another day – all rescheduling must be done within 24 hours of the Service. Failure to reschedule within 24 hours of the scheduled Service will result in you losing the Service and your payment toward the Service with no recourse. If you could not make your Service or change it within the 24 hour window before your Service due to an emergency, please email the Company with the details and the Company, at the Company’s sole discretion, may allow you to rebook the Service you missed. There are no refunds for a Service once you have paid for them, even if you are a no-show.
Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
If you invest with us using a multi-pay or payment plan, you are responsible for completing your monthly payments. If your credit card lapses, we will reach out to you and give you a 7-day grace period to send us your new information. There are no refunds.
Your use of the Website and Services is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and the Services and informs users of various limitations regarding the information provided on the Website on the Services. Your agreement to the Disclaimer is hereby incorporated into these Terms & Conditions.
When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.
Email and Other Electronic Communications
Visiting the Website, Services or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website or Services, satisfy any legal requirement that such communications be in writing.
Various places on this Website and Services that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Paid & Free Resources
The Company provides various free & paid resources on this Website and the Services. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources for your own persona use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services in any manner.
By downloading the Services, you agree that the Services you download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Services, you further agree that you shall not create any derivative work based upon the Services and you shall not offer any competing products or services based upon any information contained in the Services.
Not Therapy or Medical Advice
You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the relationship with the Company and/or the Services. As such, You agree that the Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services provided by the Company. You acknowledge that Company and it’s Services may involve different areas of your life, including work, finances, health, relationships, education, and recreation, etc.. You agree that deciding how to handle these issues, incorporate the Services into those areas and implementing choices is exclusively Your responsibility.
You acknowledge that the Services do not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and the Services are not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is Your exclusive responsibility to seek such independent professional guidance as needed. If You currently under the care of a mental health professional, it is recommended that the You promptly inform the mental health care provider of the nature and extent of the Services. You understand that the Services are not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
Paid Materials & Programs
The Company from time-to-time provides various courses, programs, and associated material for sale on this Website or in the Services. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
Your Feedback to Us
You assign all rights, title and interest in any feedback you provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
“AS IS” and “AS AVAILABLE” Disclaimer
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE OR THE SERVICES. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE OR THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $10 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE OR THE SERVICES, AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE OR THE SERVICES. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE OR SERVICES.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE OR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE OR SERVICES AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE OR SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Choice of Law and Venue
Dispute Resolution & Arbitration
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
The arbitration will occur in Denver, Colorado or such location as chosen in the sole and complete discretion of the Company. The allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. To the fullest extent permitted by applicable law, no arbitration or claim shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Website or the Services be instituted more than two (2) years after the cause of action arose. In the event that any term of this section (Arbitration) is held to be in conflict with a mandatory provision of applicable law, such conflicting term shall be modified automatically to comply with such provision and the remainder of this section shall not be affected.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms & Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms & Conditions shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website or Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website & Services thereafter. Your continued use of the Website & Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: firstname.lastname@example.org