TERMS AND CONDITIONS
The Website is owned by Kendrick Shope LLC (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of our Website.
Please read these Terms and Conditions carefully. We reserve the right to change these Terms and Conditions on the Website from time to time, and by using the Website you are agreeing to the Terms and Conditions 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 this Website.
Website Use and Consent
Whether you use this Website as a casual visitor, guest, registered user, licensee, or as a member of our programs, you are agreeing to certain terms which are clearly outlined below.
If you have purchased a program or subscription or otherwise entered into an agreement with us you will also be governed by the terms of that agreement, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction as indicated.
We try to ensure that Website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We of course try to limit the frequency and duration of any suspension or restriction.
Although every effort is made to ensure the accuracy of published information on or through this Website, the Website may inadvertently contain technical inaccuracies or typographical errors. This information may be changed or updated without notice. We assume no responsibility for errors or omissions on the site or in documents referenced by or linked to the site.
Intellectual Property Rights
The content, layout, design, data, databases and graphics on this Website are protected by United States intellectual property laws. Content is solely owned by us, unless otherwise indicated.
Our Limited License to You. This Website and all the materials available on the Website are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
If you purchase or access any materials through or on this Website, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
When you purchase or access any materials through or on this Website, you expressly agree that you will not steal our content. Duplication, sharing, or uploading course files to sharing sites, or downloading or sharing information contrary to the limited license we have provided to you herein is considered stealing and theft, and we will prosecute theft to the full extent of the law.
In addition, as a Licensee, you understand and acknowledge that the information obtained on or through this Website have been developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.
You may not use this site or the materials available on or through this Website in a manner that constitutes an infringement of our rights or that has not been authorized by us.
You may from time to time, download and/or print one copy of individual pages of the Website, including blog posts, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the information was obtained.
You may not in any way use, copy, adapt or represent any of our material in any way as if it is yours or created by you.
By downloading, printing, or otherwise using the material on this Website for personal use you in no way assume any ownership rights of that material.
Unless otherwise explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material obtained on or through the Website, including through an individual or group program, e-book, private Facebook or Website forum, or class, or through any other means for commercial use, or for use in any way that earns you money, and you must seek our permission before using any of our materials or content from this Website for your own business use or before sharing with others.
All rights not expressly granted in these terms or any express written license, are reserved by us.
The trademarks and logos which are displayed on the Website are trademarks belonging to us. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent.
Your License to Us.
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Website, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen (13) years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant that include the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing
You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website, or incorporate into another Website or other service any of our material, content or intellectual property.
Obtaining Permission to Use Our Intellectual Property
Any request for permission of our content or images, or other use of information obtained on or through this Website, or any other intellectual property not specifically authorized, should be made using the “Contact Us” form on this Website, or by sending an e-mail to email@example.com.
We take every precaution to protect our users’ information. When users submit sensitive information via the Website, all information is protected both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
As visitors to this Website and as a Licensee, you agree that you are using your own judgment in using the information provided on and through this Website, which is done at your own risk.
THE INFORMATION OFFERED ON OR THROUGH THE WEBSITE AND BY US AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless us and our affiliates, successors, transferees, assignees and licensees and respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
We try to ensure our Website is available for use at all times, other than for a small period for scheduled downtime; however, we do not warrant that at other times our Website will be available.
To the fullest extent permitted by law, we will be not be liable to you for damages or refunds should our site become unavailable or access to the site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website inaccessible to you.
The content obtained on or through this Website is for informational and educational purposes only. It is not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, spiritual counselor, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever. You assume all risks and no results are guaranteed. We merely provide you with education and tools to help you make your own health care decisions in a way that is right for your own body, mind and spirit.
By using our Website, in any way or for any reason, you also implicitly agree to our full Disclaimer.
Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use our Website, or third-party materials, programs, products, or services made available through the Website, even if we are advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of you or of any user. If you are dissatisfied with our Website or with any of the Website’s terms and conditions, your sole and exclusive remedy is to discontinue using the Website immediately.
You acknowledge and agree that no representation has been made by us or our affiliates and relied upon as to the future results that may be obtained from your access to or participation in our Website.
Third Party Links
Throughout this Website, we may provide links and pointers to Internet sites which may take you outside of our owned or controlled Website to other Websites maintained by third parties. Links are provided for your convenience, and an inclusion of any link does not imply endorsement, sponsorship, or approval by us of the linked Website, its operator or content.
In addition, neither we nor affiliates operate or control in any respect any information, programs, products or services that third parties may provide on or through the Website or on Websites linked to our Website. We have no control over the contents or functionality of those Websites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any Website outside this Website, and such Website use will be subject to those linked Websites’ relevant terms and conditions and privacy policies. It is your responsibility to review the terms and conditions and privacy policies of those Websites to confirm that you understand and agree with those policies.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not us. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, we do not endorse and we are not responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Websites by anyone other than our authorized representative while acting in his/her official capacity.
You must not use our Website in any way that causes or is likely to cause the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website or to us.
You must use the Website for lawful purposes only. You must not use the Website for any of the following:
* For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
* To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam
* To cause annoyance, inconvenience or needless anxiety
* To impersonate any third party or otherwise mislead as to the origin of your content
Certain sections of the Website may allow you to purchase many different types of programs, products or services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these programs, products or services.
If you make a purchase from a merchant on the Website or on a site linked to by the Website, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us.
A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you make certain purchase through the Website, you may be subject to additional terms and conditions that specifically apply to your purchase.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website.
Your participation, correspondence or business dealings with any third party found on or through our Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.
We reserve the right in our sole discretion to refuse or terminate your access to the Website or any part of the Website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive.
PROGRAM TERMS OF AGREEMENT
TERMS OF AGREEMENT
By purchasing any Program from Kendrick Shope, LLC (“Company”, “we”, or “us”), you agree and consent to the following legal terms and conditions that govern your use of the Program and that form a legal agreement between you and the Company.
USE AND CONSENT
This Program does not guarantee income, success, or any projected increase in sales, revenue. Company cannot guarantee any success from taking this Course. Each person’s success and results depends on many factors, including dedication, desire and motivation. You accept the risk of not achieving any results (or less than desirable results) from taking the Program.
This Program does not provide any professional financial, legal, medical or psychological services or advice. None of the content of the Program cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Program disclaims any liability for your reliance on any opinions or advice contained in the Program.
Any third party links to products or services are subject to separate terms and conditions. Program is not responsible for or liable for any content on or actions taken by such third party websites. Although Program may recommend third party sites, products or services, it is your responsibility to fully vet such third parties before entering into any transaction or relationship with them.
PURCHASES AND ONLINE COMMERCE
By purchasing Program you give us permission to automatically charge your credit or debit card as payment for your Program without any additional authorization, for which you will receive an electronic receipt.
LATE PAYMENT POLICY
In the event that payment is not received by the date due, you will have a five (5) day grace period to make the payment otherwise the Program will not continue and we reserve the right to cease your access immediately and permanently.
CANCELLATION POLICY BY PROGRAM TYPE
Private Coaching and Mentorship, Group Coaching, Masterminds, Courses: There is a no cancellation policy for these Programs. If you wish to not continue in the program all remaining payments and balances will still be owed to the Company in timeline agreed upon purchase.
Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs we have a no refund policy for. The only exception to our Refund Policy includes the No Student Left Behind Policy for Sales School Students which is outlined on the current semester sales page with expiration date and instructions.. You acknowledge that we do not offer refunds for any portion of your payment for any of our Programs and no refunds will be provided to you at any time outside of the Sales School exception.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You. Our Programs are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
When you enroll in or purchase our Programs you agree that you are clearly and expressly prohibited from copying, sharing or stealing our Program Materials or any parts in any way or for any reason.
YOUR LICENSE TO US
By posting or submitting any material on or through our Programs, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, transmit, sell, distribute, and/or publicly display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs and/or our marketing or promotional efforts.
By participating in our Programs, Products and Services, and using our Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program in our current or future Programs and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
When you apply for, enroll in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or
Program Materials, we take measures to protect the security of your Confidential Information both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
We try to ensure that the availability and delivery of our Programs is uninterrupted and error-free, including our content and communications through methods like our Website, membership portal, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs inaccessible to you.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of this information is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, or in any way or in any location. In the event that you use our Programs or any other information provided by us or affiliated with us, we assume no responsibility.
RELEASE OF CLAIMS
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
If you have a question or concern about your Programs, Products, Services, or Program Materials, you may send an e-mail to firstname.lastname@example.org and we will do our best to reply to your question or concern promptly.
It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to me at email@example.com and include all of your reasons for dissatisfaction with your Program. 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 other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. By purchasing our Programs you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. You also agree that should arbitration take place, it will be held in the town of Bentonville in the State of Arkansas where my business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Programs. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.