Disclaimer

Last updated: July 13, 2022

This Disclaimer, along with the Terms & Conditions and Privacy Policy governs your access to and use of https://www.klwcoaching.com & the Services  including any content, functionality and services offered on or through  https://www.klwcoaching.com and the Services whether as a guest or a registered user.  Links to the Disclaimer, Terms & Conditions and Privacy Policy documents can be found at the bottom of each page of this Website.

Please read the Disclaimer, Terms & Conditions and Privacy carefully before you start to use the Website or the Services. By using the Website, the Services or by clicking to accept or agree to the Disclaimer, Terms & Conditions and Privacy when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer. If you do not want to agree to the Disclaimer, Terms & Conditions and Privacy, you must not access or use the Website or the Services.

Interpretation and Definitions

Interpretation

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.

Definitions

For the purposes of this Disclaimer:

  • 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. 
  • Coaching refer to consult calls/meetings, 1:1 or group coaching, which are a type of Service.
  • Service means the Website, Podcast (The Wildly Confident Podcast), Blog, Instagram (@katweissner), Facebook (KLW Coaching) or Consult Calls and Coaching of any kind, Somatic Confluence Sessions, meditations & recorded meditations, any content, functionality and services offered on the Website, Podcast (The Wildly Confident Podcast, LLC), Blog, Instagram (@katweissner), Facebook (KLW Coaching), Email newsletters, courses, free resources,  booking software, annual or month subscription programs and Coaching. 
  • You means the individual accessing the Website, Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Website or Services, as applicable.
  • Website means My Site, accessible from https://www.klwcoaching.com and any content, functionality and services offered on the Website including links and other pages on the Website.

Acknowledgment

This the Disclaimer governing the use of this Service and the agreement that operates between You and the Company. This Disclaimer 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 this Disclaimer. This Disclaimer applies 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.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy and Terms of Condition of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the the Services and tells You about Your privacy rights and how the law protects You. Please read Our Terms and Conditions, Privacy Policy and Disclosures carefully before using Our Services.

For Educational and Information Purposes Only, Errors and Omissions

The information contained in the Services is for general information purposes only.

The Company assumes no responsibility for errors or omissions in the contents in the Services.

The Company reserves the right to make additions, deletions, or modifications to the contents on the Services at any time without prior notice. The Company does not warrant that the Services is free of viruses or other harmful components.

The information given in the Services are for general guidance on matters of interest only. Even if the Company takes every precaution to insure that the content in the Services is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained in the Services.

The Company is not responsible for any errors or omissions, or for the results obtained from the use of this Website and/or the Services.

All information in the Services is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Services or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Not Professional Advice

By participating in and/or reading the Services, you acknowledge that I am not a licensed psychologist or health care professional and these items do not replace the care of psychologists or other healthcare professionals. The Services are in no way to be construed or substituted as psychological counseling or any other type of therapy or medical advice. I cannot guarantee the outcome of coaching and/or recommendations in my Services and my comments about the outcome are expressions of opinion only.

The information in the Services is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.

In no event shall the the Company or the Services or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Services.

Personal Responsibility

By using the Services, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Services. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended in the Services.

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.

24 hour Cancellation Policy 

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. 

No Client Relationship

Your use of the Services – including implementation of any suggestions set out on the Services and/or use of any resources available on the Services– does not create a professional-client relationship between you and the Company or any of its professionals. The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of the Services.

Not Medical Advice

The information about health provided in the Services is not intended to diagnose, treat, cure or prevent disease. Products, services, information and other content provided by the Services, including information linking to third-party websites are provided for informational purposes only.

Information offered in the Services is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment.

Individuals are different and may react differently to different products. Comments made on the Services by employees or other users are strictly their own personal views made in their own personal capacity and are not claims made by the Company nor do they represent the position or view of the Company.

The Company is not liable for any information provided by the Services with regard to recommendations regarding supplements for any health purposes.

The Company makes no guarantee or warranty with respect to any products or services sold. The Company is not responsible for any damages for information in the Services provided even if the Company has been advised of the possibility of damages.

Fitness & Nutritional Information Disclaimer

The Services sometimes offer health, fitness and nutritional information including, without limitation, advice and recommendation, that is provided solely as general education and informational purposes.

Use of the advice and information contained in the Services is at your sole choice and risk. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult your physician or healthcare provider before beginning any nutrition or exercise program.

If You choose to use the Service without prior consent of your physician, You are agreeing to accept full responsibility for your decisions and agreeing to hold harmless the Company.

Privacy Policy

Your use of the Services is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Services and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into this Disclaimer.

Terms and Conditions

Your use of the Services is also subject to the Company’s Terms and Conditions. Please review our Terms and Conditions, which also governs the Services and informs users of various limitations and agreements between You and the Company regarding the information provided in the Services. Your agreement to the Terms and Conditions is hereby incorporated into this Disclaimer.

Views Expressed Disclaimer

The Services may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.

Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.

Testimonials

At various places in the Services, you may find testimonials from clients and customers of the products and services offered in the Service or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed in the Services. In same cases the name of the person has been changed to protect privacy and the order of their sentences have been changed to highlight a certain sentence at the top of each testimonial. 

Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical.  In a few instances the name of the person given the testimonial has been changed to protect their privacy. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on the Services or by the Company.

Reviews

At various times, we may provide reviews of products, services, or other resources in the Services. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review.

Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided in the Services.

We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to kat@klwcoaching.com  that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.

No Endorsements

From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.

Affiliate Links

From time to time, the Company participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.

As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.

The Company will inform you when one of the links constitutes an affiliate link.

You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.

External Links Disclaimer

The Services may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.

Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

Fair Use Disclaimer

The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.

The Company believes this constitutes a “fair use” of any such copyrighted material as provided for in section 107 of the United States Copyright law.

If You wish to use copyrighted material from the Services for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.

No Warranties

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF 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 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 & subsidaries 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 Disclaimer, Privacy Policy and/or the  Terms & Conditions and/or the Website & Services. 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 for 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 Disclaimer, Privacy Policy and/or the  Terms & Conditions and/or the Website & Services, 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 IN THE SERVICES, AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS 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 IN THE SERVICES.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE 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 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 IN THE 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES

Choice of Law and Venue

These Terms & Conditions or Disclaimer or Privacy Policy agreements and your use of the Services shall be governed by and construed in accordance with the laws of the Colorado applicable to agreements made and to be entirely performed within Colorado (even if your use is outside of Colorado), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Services or these Terms & Conditions or Disclaimer or Privacy Policy agreements shall be filed only in the state and federal courts located in Denver County, Colorado and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

Dispute Resolution & Arbitration

If You have any concern or dispute about the Services, You agree to first try to resolve the dispute informally by contacting the Company.

You and the Company agree that except as otherwise specifically provided in this paragraph, any controversy or claim arising out of or relating in any way to the Terms & Conditions or Disclaimer or Services agreements, or the breach thereof, or in the Services shall be settled exclusively by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules and, in the case of consumer disputes, with the AAA’s Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), and that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that without waiving any remedy under these Terms & Conditions or Disclaimer or Privacy Policy agreements, injunctive or other appropriate relief may be sought from any Colorado court specified in the section above.

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 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.

Severability and Waiver

Severability

If any provision of this Disclaimer 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.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Disclaimer 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.

Translation Interpretation

This Disclaimer 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.

International Users

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.

Entire Agreement

Unless otherwise specified herein, this agreement, along with the Terms & Conditions and Privacy Policy, constitutes the entire agreement between the user and the Company with respect to the Website and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website or Services, except as to any contact entered into separately for Coaching only (1:1 or group coaching only). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to the Disclaimer

We reserve the right, at Our sole discretion, to modify or replace this Disclaimer at any time.

We may revise and update this Disclaimer 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 a revised Disclaimer 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.

Contact Us

If you have any questions about this Disclaimer, You can contact Us:

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