TERMS AND CONDITIONS
This Acceptance of Terms and Conditions (the “Agreement”) applies to your participation in the one on one and/or group coaching programs and its related courses, materials, websites and associated programs (collectively referred to as the “Program”) offered by Kim Griffith, LLC, a Florida Limited Liability Company, with offices located at 15951 NE 60th Street, Williston, FL 32696, USA.
1. Term of Agreement. The term of this Agreement shall begin upon Kim Griffith, LLC's acceptance of your enrollment in the Program (the “Effective Date”) and shall end upon completion of the Program for which Kim Griffith has accepted your enrollment or upon termination by either Party. Either you or Kim Griffith may terminate this Agreement at any time, without cause, by giving the other Party written notice of termination. Termination will not, however, release either Party from any obligations that arose prior to the date of termination.
2. Program Participation Payments. You agree to pay Kim Griffith, LLC an amount specified by the company upon enrollment in the Program (the “Program Participation Payments”). The Program Participation Payments must be paid for in full before any products, services or other benefits of the Program will be provided to you, including the sending of materials or starter kits, attendance at in person events, and/or scheduling or holding coaching sessions. Kim Griffith, LLC in its sole and absolute discretion, may elect to allow you to pay the Program Participation Payments in installments. Should Kim Griffith, LLC elect to allow you to pay the Program Participation Payments in designated installments, any deviation in the payment terms will result in all Program products and services being suspended until payment is made. Any deviation in payment terms may, at Kim Griffith, LLC’s sole and absolute discretion, result in an immediate acceleration of all sums due and owing by you for the Program Participation Fee. Suspension of Program products and services, however, does not release you from the obligation to make all payments owed to Kim Griffith, LLC for the Program Participation Fee or other fees associated with your enrollment in the Program or the receipt of any products or services.
3. Program Description. The Program may consist of one on one and/or group coaching, a variety of different lessons, workbooks, coaching sessions, memberships, for a period of six months. Your program may include all or part of the above. Some clients participate in coaching only without the added advantage of a curriculum, workbook, or other lesson exercises.
4. Program Participation at Your Own Risk. Kim Griffith, LLC does not guarantee any specific results of any kind resulting from your participation in the program. You acknowledge and agree that you are not guaranteed to achieve any specific personal profession or financial results or earn any specific amount of income by participating in the Program. Kim Griffith, LLC makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue during or as a result of your participation in the Program. You agree to participate in the Program at your own risk. Program information, services and products are used at your own risk. You are solely responsible for any decisions and actions that result from your use of such information, products, and services. Kim Griffith, LLC does not provide psychological, medical, investment or financial advice.
5. No Refunds. All funds paid by you and related to your participation in the program are nonrefundable. All funds paid by you are deemed earned by Kim Griffith, LLC upon receipt.
6. Ownership Rights and Proprietary Information. Kim Griffith, LLC and its affiliated entities own all rights, title and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know how, ideas, course materials, products, services and information related to its Programs. You agree that all materials provided to you as part of the program, which are confidential and proprietary in nature, will be held in confidence and not disclosed by you to anyone without Kim Griffith, LLC's written permission.
7. Intellectual Property. All trademarks, service marks, trade names, logos, patents and copyrighted materials (the “Kim Griffith, LLC Intellectual Property”) associated with the Program are the property of Kim Griffith, LLC. You agree not to interfere with or infringe upon the Kim Griffith, LLC Intellectual Property, including but not limited to: (1) duplication or creation of works (including any derivative works) that are the same or substantially similar to the Kim Griffith, LLC Intellectual Property; (2) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the Kim Griffith, LLC Intellectual Property; (3) use, manufacture, import, or sales of any product or service that infringes upon the Kim Griffith, LLC Intellectual property; and (4) any action that would pass off or create the appearance of an association with or endorsement by Kim Griffith, LLC.
8. Modification. Kim Griffith, LLC may modify or amend any of the terms and conditions contained in this Agreement at any time and in Kim Griffith, LLC's sole discretion, by posting a change notice or a new version of the Agreement on the applicable Program website or by otherwise advising you of the amendment/modification. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in a Program following the posting of a change notice or a new version of the Agreement on the applicable Program website or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
9. Indemnification. You will indemnify, hold harmless and defend Kim Griffith, LLC (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) from and against any and all claims, expenses, costs, causes of action and damages (including reasonable attorney’s fees) resulting from or arising out of your actions relating to your participation in the Program or relating to your violation of this Agreement or applicable law.
10. Assignment. You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without Kim Griffith, LLC’s prior written consent.
11. Limitation of Liability. Kim Griffith, LLC (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury property damage, losses of revenue, profits, use or data) arising in connection with this Agreement or your participation in the Program.
12. Governing Law; Class Action Waiver. This Agreement will be governed by, and construed in accordance with the laws of the State of Florida, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action against Kim Griffith, LLC, or any of its affiliated entities, now or hereafter pending relating to your participation in the Program.
13. Arbitration. Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), will be resolved by binding arbitration before the American Arbitration Association (AAA). One arbitrator will be selected using AAA procedures. The AAA rules and procedures governing civil proceedings shall apply to the proceedings. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section, or seek injunctive or other equitable relief to protect its intellectual property rights, as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submitted to Arbitration. The Arbitration will be held in Gainesville, Florida. Both Parties hereby give their irrevocable consent to the processes of the AAA in Florida, as well as the jurisdiction of the courts of Alachua County, Florida for enforcement purposes. Awards will be final, binding and non-appealable. All awards may be filed with one or more courts, state, federal or foreign, having jurisdiction over the Party against whom such award is rendered or its property.
14. Legal Age. By entering into this Agreement, you represent that you are of legal age in the state of your residency.
16. Miscellaneous. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. Kim Griffith, LLC's failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of Kim Griffith, LLC’s right to subsequently enforce such provision or another provision of this Agreement. This Agreement, along with the Registration Form for the Program and invoices provided by Kim Griffith, LLC, constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties regarding your participation in the Program.
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KIM GRIFFITH, LLC - ALL RIGHTS RESERVED - PRIVACY POLICY/TERMS AND CONDITIONS/IMPORTANT DISCLAIMERS