Terms and Conditions

 

TERMS OF PURCHASE KAELEIGH MCHENRY By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by KAELEIGH MCHENRY (“Coach”), acting on behalf of KAELEIGH MCHENRY (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions: 

  1. TERMS. (a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the Program you have chosen to purchase (“Program”). (b) The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s website as part of the Program. (c) Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances. (d) Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met. (e) Some materials of the Program will be delivered through a membership site. The Client shall not damage the membership site or engage in any illegal or fraudulent activity. (f) Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client shall not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes. 
  2. METHODOLOGY. Client agrees to be open minded to Coach’s methods and partake in services as proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program. Coach may revise methods or parts of the Program based on the needs of the Client. 
  3. DISCLAIMERS. By participating in the Program, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and their services do not replace the care of other professionals. Coaching and/or consulting is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice. If seeking services for tarot and oracle card readings, Client understands that any guidance given is not a prediction of the future nor guarantee of any outcomes. The Client will still have free will to choose what to do with the guidance given. The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching provided. The Coach may provide Client with third-party recommendations for such services as photography, business, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party. Any testimonials, earnings, or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular financial outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of use of Coach’s website, programs, products or services. 
  4. ELECTRONIC COMMUNICATIONS. Visiting this Site, opting in to email forms, or sending emails to KAELEIGH MCHENRY 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 Site, satisfy any legal requirement that such communications be in writing.
  5. YOUR ACCOUNT. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that KAELEIGH MCHENRY is not responsible for third party access to your account that results from theft or misappropriation of your account. KAELEIGH MCHENRY and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
  6. CHILDREN UNDER THIRTEEN. KAELEIGH MCHENRY does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this Site only with permission of a parent or guardian.
  7. PAYMENT AND REFUND POLICY. (a) Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount. (b) The Company does not offer refunds to ensure that clients are fully committed to the Program. There are no exceptions to the refund policy. (c) If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach's website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”). Client shall pay for program in full. (d) The Client authorizes the Company to charge the credit card(s) at the time that charges are due and shall not require a separate authorization for each charge. (e) In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules and materials. (f) The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to all three credit reporting agencies as a delinquent account. 
  8. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. 
  9. RELEASE. Company may take photographs, videos, audio recordings, or other recordings during Program that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in Program, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.
  10. NON-DISPARAGEMENT. Client agrees, during and after participation in Program, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation. 
  11. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement. 
  12. DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage. 
  13. LIMITATION OF LIABILITY. By using KAELEIGH MCHENRY services and purchasing this Program, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at user’s own risk. 
  14. INTERNATIONAL USERS. The Service is controlled, operated and administered by KAELEIGH MCHENRY 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 KAELEIGH MCHENRY Content accessed through this site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
  15. INDEMNIFICATION. You agree to indemnify, defend and hold harmless KAELEIGH MCHENRY, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site 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. KAELEIGH MCHENRY 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 CGE in asserting any available defenses.
  16. ARBITRATION. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
  17. CLASS ACTION WAIVER. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and KAELEIGH MCHENRY agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  18. LIABILITY DISCLAIMER. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KAELEIGH MCHENRY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. KAELEIGH MCHENRY 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 SITE 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. KAELEIGH MCHENRY 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 KAELEIGH MCHENRY 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KAELEIGH MCHENRY 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 SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
  19. Termination/Access Restriction. KAELEIGH MCHENRY reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KAELEIGH MCHENRY as a result of this agreement or use of the Site. KAELEIGH MCHENRY’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KAELEIGH MCHENRY’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by KAELEIGH MCHENRY with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KAELEIGH MCHENRY with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KAELEIGH MCHENRY with respect to the Site. 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.
  20. ASSIGNMENT. This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement as this program is non-transferable. 
  21. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, regardless of the conflict of laws principles thereof. 
  22. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
  23. CHANGES TO TERMS. KAELEIGH MCHENRY reserves the right, in its sole discretion, to change the Terms under which all Services and Products are offered. The most current version of the Terms will supersede all previous versions. KAELEIGH MCHENRY encourages you to periodically review the Terms to stay informed of our updates.

CONTACT US

KAELEIGH MCHENRY welcomes your questions or comments regarding the Terms:

Kaeleigh McHenry

15520 Mill Creek Blvd #C201

Mill Creek, WA 98012

[email protected]

425.238.0613