Revised: September 27, 2017

Welcome, thank you for visiting the KC-Health and Wellness Motivation Website. Please read the following information carefully prior to using this Website or purchasing a Program, Product, Offering, or Service from us, as these Terms and Conditions (“T&C”) govern your use of this Website.

These T&C are subject to change by KC-Health and Wellness Motivation (hereinafter “COMPANY”) at any time and at COMPANY’s discretion without notice. Your use of this Website after any changes are implemented constitutes your acceptance of the changes. As a result, COMPANY encourages you to consult the T&C each time you use this Website.

By using any of our Programs, Products, Offerings and Services you are acknowledging, accepting and agreeing to the T&C as they appear, whether or not you have read them.  If at any time you do not agree with these terms, please do not use our Programs, Products Offerings and Services.

Our Programs, Products, Offerings and Services are owned and operated by Karen Creasey and KC-Health and Wellness Motivation (“Company,” “we”, or “us”).  The term “you refers to the user or viewer of our website.

Please also read carefully, and note the MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION below.  Furthermore, please see our Privacy Policy and Disclaimers Policy for additional terms that apply to you, where are incorporated herein by reference.

Medical Advice and Content

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. This Website provides general health information and is intended only to assist users in their diet and exercise plan. COMPANY is not a medical organization and COMPANY’s staff will not give you medical advice or diagnosis. If you are pregnant or breastfeeding, you should consult your doctor before starting any diet or exercise programs. Nothing contained on this Website should be construed as medical advice or diagnosis. The information and materials provided by COMPANY should NOT be interpreted as a substitute for physician consultation, evaluation, or treatment, nor as an endorsement of any Third-Party Sellers products or services.

Please see our Disclaimers Policy for additional disclaimers that apply to you.

Ability to Accept Terms and Conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

COMPANY DOES NOT PROVIDE SERVICES OR SELL PRODUCTS TO PERSONS UNDER THE AGE OF EIGHTEEN (18) WITHOUT THE EXPRESS PERMISSION OF AND ACTIVE INVOLVEMENT OF A PARENT OR LEGAL GUARDIAN.

By purchasing or using any of our Programs, Products Offerings or Services, you are subject to these T&C and required to act in accordance with them, our Privacy Policy and any other terms and conditions that may apply to our marketing Programs, Product, Offering and Services available through our Website or from us.  Accessing our Programs, Products, Offerings or Services in any manner whether automated or otherwise, constitutes use of the Program, Products, Offerings and Services, and the Website, and your agreement to be bound by these T&C.

Intellectual Property Rights Ownership

All Website content and materials (“Website Materials”) available on this Website are the property of COMPANY, its affiliates, licensors, or the designated owners and are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Website Materials.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Website or any of COMPANY’s other Websites is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact COMPANY using the contact information listed in the section entitled “Contact”.

Refund Policy

Your satisfaction with your Program, Product, Offering or Service is important to us.  On many products, COMPANY offers a 100% money back guarantee for a limited amount of time (such as 30 days from date of purchase), provided that you submit an e-mail to info@karencreasey.com with a detailed explanation and we will issue a refund of the purchase price.  If a refund is issued you, you must cease using any of our Programs, Products, Offerings or Services and/or materials immediately upon receipt of your refund.  All t&C set forth herein, and all copyright, trademark and intellectual property rights remain indefinitely, even after a refund is provided.

Use and Conduct

  • For Programs, Products, Offerings, or Services that you purchase from COMPANY that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s).
  • For Programs, Products, Offerings, or Services that you purchase from COMPANY that are delivered through a membership site, you will be given a user name and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the Programs, Products, Offerings, or Services. You will not sell access to this program or duplicate and sell any of its content without written permission.
  • Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this Website are at your own risk.
  • Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies for distribution, or use the content for public display or performance unless otherwise stated.
  • COMPANY reserves the right to discontinue or modify without notice or liability, any portion of this Website.
  • You affirm, represent, and warrant that your participation on this Website and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. COMPANY reserves the right to make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
  • You understand and agree to not place an unreasonable burden on the server hosting this Website or membership site, to not interfere with the running of this Website and to not attempt unauthorized access to any portion of this Website.
  • You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
  • You agree that any ideas, suggestions, or improvements that you provide to COMPANY about COMPANY’s Programs, Products, Offerings, or Services shall be owned by COMPANY and that COMPANY is free to include such ideas in future Programs, Products, Offerings, or Services without compensation to you.

Third Party References/Hyperlinks

This Website may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.

Good Samaritan Policy

It is COMPANY’s policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. COMPANY reserves the right to remove, disable, or restrict access to the availability of Website Materials on the Websites that, in COMPANY’s subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon COMPANY any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Websites.

If you believe someone has violated this policy, COMPANY asks you to promptly notify its Customer Service department by e-mail at (info@karencreasey.com) attention: User support. You must use this address if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.

Contacting Us

Questions regarding these T&C should be directed via email to info@karencreasey.com or mail at the following address:

Attention: KC-Health and Wellness Motivation
P.O Box 11775
Palm Desert, CA  92255

Limitation of Liability

Under no circumstances, including, but not limited to negligence, shall anyone related to our COMPANY, or its agents, or and subsidiary and parent companies or affiliates, including but not limited to our shareholders, directors, officers, staff, employees, successors, transferees, assignees or licensees and their respective parent and subsidiary companies be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, COMPANY’S liability in such jurisdictions shall be limited to the extent permitted by law.

Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the Website and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

Disclaimer

All materials, information, software, products, and services included in or available through this website (the “content”) are provided “as is” and “as available” for your use.

To the fullest extent permissable pursuant to applicable law, we disclaim all warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement.

COMPANY and its agents do not warrant that the content is accurate, reliable or correct; that this website will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this website and any Programs, Products, Offerings or Services is solely at your risk. You assume responsibility for your choices, actions and use or nonuse of any of the information in our Programs, Products, Offerings or Services, and you acknowledge that you are using, or not using, a Program, Products, Offerings, or Service at your own risk.

COMPANY assumes no responsibility for the accuracy, correctness, timeliness, or content of the content provided on this website. You agree that company is not responsible or liable for your reliance upon any content or recommendations or results based on or generated from such content. In addition, you should not assume that the content on this website are continuously updated or otherwise contain current information. COMPANY is not responsible for supplying content or materials from its website that have been provided by other users of the website, have expired, or have been removed.

By using this website, you agree to accept all risks associated with the website materials and any recommendations, results, or reports based on or generated from such website materials. The website materials and any recommendations, results, or reports based on or generated from such website materials are not intended to replace the care you would receive from a physician or other medical professional or to be used as a medical diagnosis. Always consult your doctor before beginning any health program, exercise program, nutritional program, or any other program you learned about through the website or website materials or based on any recommendations, results, or reports based on or generated from such website materials.  You should always seek the advice of your physician, mental health provider, or another qualified health care provider regarding any specific medical condition pertaining to you.

COMPANY is not responsible or liable for any injury that may result from actions taken or not taken by you relying on the website, website materials, or any recommendations, results, or reports based on or generated from such website materials, Programs, Products, Offerings, or Services.

To the fullest extent permitted by law, we expressly exclude any liability for direct, indirect or consequential loss or damage incurred by you in connection with this Program, Products Offerings or Service, including by your use or inability to use any information obtained on or through the Program, Products, Offerings or Service, any websites linked thereto, and /or any material posted on the Website, private Facebook group page, or in any other way through the Program, Products, Offerings or Service by us or by others, including without limitation any liability for any accidents, delays, injuries, 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.

Please see our Disclaimers Policy for additional disclaimers that apply to you.

Indemnification

You agree to defend, indemnify and hold harmless COMPANY and its officers, directors, employees, contractors, and any Affiliates it may have from any and all demands, claims, damages, liabilities, expenses, or harms, including attorney’s fees, arising out of or in connection with your use of this Website and all Programs, Products, Offerings or Services of COMPANY. You also agree to indemnify and hold harmless COMPANY and its officers, directors, employees, contractors, and any Affiliates it may have from any and all demands, claims, damages, liabilities, expenses, or harms regarding online conduct, breach of these T&C, or dealings or transactions with other persons resulting from your use of this Website and all Programs. Products, Offerings or Services of COMPANY.

Miscellaneous

  • Severability. If any part of these T&C is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The sections titled Limitation of Liability, Indemnification, Disclaimer, and Miscellaneous shall survive any termination of these T&C.
  • Waiver. All rights and remedies, whether conferred hereunder or by any other instrument or law, will be cumulative and may be exercised singularly or concurrently. The failure of COMPANY to exercise or enforce any right or provision of these T&C shall not operate as a waiver of such right or provision.
  • Independent Disputes. COMPANY has no obligation to become involved in any dispute between a user and any other person. You are solely responsible for your interactions with other COMPANY users. COMPANY reserves the right, but has no obligation to, monitor disputes between you and other members.
  • Integration. These T&C (and the Privacy Policy and Disclaimers incorporated by reference herein plus any applicable product order form terms) constitute the entire agreement between you and COMPANY with respect to the subject matter hereof. Neither you nor COMPANY shall be bound by any conditions, definitions, warranties, understandings, or representations with respect to the subject matter hereof other than as expressly provided herein. No oral explanation or oral information by either party hereto shall alter the meaning or interpretation of the T&C
  • Section Headings. The section headings contained in these T&C are for reference purposes only and shall not affect in any way the meaning or interpretation of the T&C.
  • Modification and Amendment. No modification or amendment to these T&C by you will be effective unless assented to in writing by COMPANY.
  • Governing Law and Jurisdiction

This Website, these T&C and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. You hereby consent to binding arbitration in the State of California to resolve any disputes arising under this T&C.

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Program, Product, Offering or Service and/or Website, private Facebook group page, e-mail communications, or any other method of communications related to the Program, Product, Offering, or Service at any time without notice.  Should you wish to terminate the Program, Product, Offering, or Service by seeking a refund, these termination terms will apply.

In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you will no longer be authorized to access the Program, Product, Offering or Service or our Website, private Facebook group page, e-mail or any other method of communications affected by such cancellation or termination.  The restrictions imposed on you with respect to material received for the Program, Product, Offering, or Service and all the disclaimers and limitations of liabilities set forth in these T&C, shall survive such termination of your access and apply in full force.

Arbitration of Disputes

It is hoped that should we ever have difference, we would be able to work them out amiably through a phone call or e-mail correspondence.  However, should a dispute arise between us the parties agree that any dispute or claim in law or equity arising between them regarding the use of this Website, Programs, Products, Offerings or Services purchased from this Website, or these T&C, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in in Riverside County, CA, USA.

Any judgement on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction.  Prior to seeking arbitration, you must submit your complaint to Karen Creasey via e-mail.  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 award of consequential or of any other damages may be granted to you.

By signing this Agreement you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever.  You also agree that should arbitration take place it will be held in Riverside County, California, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.  These T&C and Disclaimer and Privacy Policy shall be construed according to the laws of the State of California.

NOTICE: BY USING THIS WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEBSITE.

Class Action Waiver

ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THIS WEBSITE, PRODUCTS PURCHASED ON THIS WEB SITE, OR THESE T&C MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

 

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