TERMS, CONDITIONS, PRIVACY & DISCLAIMER
EFFECTIVE DATE: MAY 1, 2017
UPDATED: JUNE 20, 2018
To access or use the Site and any products or services (free or paid), you must be 18 years or older and have the requisite power and authority to enter into these Terms.
By entering this website or purchasing or using the blog, e-mails, opt-in gift, videos, social media, consultations, programs, products and/or services (free or paid), from or related to Kimberly Letona, kimberlyletona.com, adventureandabundance.com, and all sites associated with Kimberly Letona Coaching (including all social media sites including but not limited to Facebook, Instagram, Twitter, and Pinterest), you are agreeing to accept all parts of these terms. Thus, if you do not agree to the terms below, STOP now, and do not use our website, blog, e-mails, videos, social media, programs, products or services or anything you have purchased or experienced through us (collectively “Website, Programs, Products and Services (free or paid”).
By using www.adventureandabundance and/or www.kimberlyletona.com referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Kimberly Letona Coaching and VIBRANT LIFE with Kimberly Letona and Confident & Courageous in 90 Days (“Company”). By accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms and conditions provided herein.
If you have any questions about these terms, please contact firstname.lastname@example.org.
Collection and use of Information
We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). kimberlyletona.com and adventureandabundance.com only contact individuals who specifically request that we do so or in the event that they have signed up to receive our free products or newsletters or have purchased one of our products.
Adventureandabundance.com and Kimberlyletona.com collect personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration to receive our free newsletters and name, postal address, and credit card information when purchasing our products. All of this information is provided to us by you. We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer‘s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a “cookie” to your experience with the Site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By Showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. The Site also may use web beacons (single-pixel graphic files also known as “transparent GIFs“) to access cookies and to count users who visit the Site or open HTML-formatted email messages.
Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law or to protect the rights, property or safety of users of the Site or the public.
Your information is stored at the list server that delivers kimberlyletona.com and adventureandabundance.com newsletters. Your information can only be accessed by those who help manage those lists in order to deliver e-mail to those who would like to receive kimberlyletona.com newsletters and other communication regarding Kimberly Letona Coaching.
Intellectual Property Notice
All images, text, designs, graphics, trademarks and service marks are owned by and property of Kimberly Letona or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
You may NOT use our intellectual property in any way, which includes republishing any text, image, design or other property on another website, or posting a quote or image from our site to any third party website including social media.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
TERMS & CONDITIONS
Information provided on the Site and related to our service of Confidence, Success, Personal Development and Health Coaching (the “Service”) is subject to change. Company makes no representation or warranty that the information provided is accurate. In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges. Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.
The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf ofthe Company.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLEFOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUTOF YOUR USE OF THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOTLIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE,ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEMFAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFTOF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY,REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITYARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IFCOMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DONOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLESTPOSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are notresponsible or liable for the information or services of these third party websites or resources. Links to such websites or resources donot imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use ofthis Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as wellas third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Termsand Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms andConditions first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of thisAgreement shall be Laguna Niguel, California and any such award shall be binding on the parties. The prevailing party or parties shallbe entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other reliefto which it or they may be entitled.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the otherprovisions shall not be affected and shall remain in full force and effect. These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matterhereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent oramendment signed by both parties.The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
By entering this website or purchasing or using the blog, e-mails, opt-in gift, videos, social media, consultations, programs, products and/or services, from or related to Kimberly Letona Coaching, kimberlyletona.com, adventureandabundance.com, and all sites associated with Kimberly Letona Coaching, you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the disclaimer below, STOP now, and do not use our website, blog, e-mails, videos, social media, programs, products or services or anything you have purchased or experienced through us (collectively “Website, Programs, Products and Services”).
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.
For Educational and Informational Purposes Only. The information provided in or through our Website, Programs, Products and Services is for educational and informational purposes only, and is made available to you as self-help tools for your own use. When serving as a Confidence Coach, Success Coach, Happiness Coach, Business Coach, Life Coach and Health Coach, whether through in-person, phone, Skype, online webinars, teleseminars, videos, audio’s, books, e-books, social media, and otherwise in a variety of settings, including but not limited to, individual and/or group programs, classes, workshops, events, retreats, seminars, coaching sessions, consultations and/or trainings, website content, blog, Programs, Products or Services, you acknowledge that I am supporting you in my role exclusively as a Health Coach, and in no other role.
Not Medical, Mental Health, or Religious Advice. The information provided in or through our Website, Programs, Products and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counsellor, or social worker), or member of the clergy. Therefore, do not disregard or delay seeking professional medical, mental health or religious advice because of information you have read on this website or received from us. Do not stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.
Not Legal or Financial Advice. The information contained in our Website, Programs or Services is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state, and it is constantly changing, and therefore it affects each individual and business in different ways. As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding your own income and taxes, and any and all information presented by our Website, Programs or Services pertaining to your specific financial and/or legal situation.
Not Holding Self Out. In my capacity as a Life, Health and Business Coach, I serve as a coach, mentor, guide and accountability partner who shares tools and support for accomplishing your health, happiness, abundance and wellness goals, and I am not holding myself out as anything else. I do not claim to be a registered dietician, a certified nutritionist, a financial planner, an accountant, or a doctor of any type.
Personal Responsibility. Our Website, Programs, Products, and Services aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Website, Programs, Products, and Services, and you alone are 100% solely and personally responsible for your results. You agree to use your own due diligence and judgment before applying any recommendation or advice that you may receive on or through our Website, Programs, Products and Services. You acknowledge that you take full responsibility for your health, life, finances, and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all decisions now and in the future.
No Guarantees of Results of Any Kind. My role is to support and assist you in reaching your goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot and do not guarantee that you will attain a particular wellness result, and you accept and understand that results differ by each individual. Each individual’s success depends on his or her background, dedication, desire, and motivation, and a whole host of additional factors. As with any coaching program or service that you purchase, your results may vary, and will be based on many variables, so therefore no guarantees can be made. Any health or wellness results examples shown through our Website, Programs, Products and Services are only estimates of what might be possible for you. There can be no assurance as to any outcome based the use of our Website, Programs, Products or Services. You agree that we are not responsible for the success or failure of your health decisions, the increase or decrease of your wellness level, or any other result of any kind that you may have as a result of information presented to you through our Website, Programs, Products and Services. You are solely responsible for your results.
Testimonials. I present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved or they are comments from individuals who can speak to my character and/or the quality of my work. Each client or individual has approved these testimonials, examples, and photos for use in materials to speak to my Programs, Products and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with my Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by my clients on this Website and through my Programs, Products and Services, are the culmination of numerous variables, some of which I cannot control.
Assumption of Risk. There are sometimes unknown individual risks and circumstances that can arise during use of my Website, Programs, Products and Services that cannot be foreseen that can influence or reduce results. I am not responsible for your personal choices or actions before, during or after use of our Website, Programs, Products and Services. You understand that any mention of any suggestion or recommendation on or through my Website, Programs, Products or Services is to be taken at your own risk, with no liability on my part, recognizing that there is a rare chance that illness, injury or even death could result. You accept full responsibility for the consequences of your use, or non-use, of any information provided by me through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve me of any liability or loss that you, your business, or your family or children (if applicable) or any other person, may incur from your or their use, or non-use, of the information provided.
Limitation of Liability. I will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on my Website, Programs, Products, or Services. In no event will I be liable to you, or to any other party, for any type of damages, including direct, indirect, special, incidental, equitable or consequential damages, for any use of or reliance on my Website, Programs, Products, and Services, or on those affiliated with me in any way. I 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 or condition or issue, any type of loss or damage or otherwise, due to any act or default by me or anyone acting as employees, staff, consultants, agents, interns, business managers, team members, owners, directors, shareholders, affiliates, joint venture partners, or anyone else affiliated with my business, who is engaged in rendering my Programs, Products or Services, or in carrying out in-person, phone, Skype or online individual and group programs, classes, workshops, events, retreats, seminars, coaching sessions, and/or trainings in any location.
Indemnification and Release of Claims. You hereby fully and completely hold harmless, indemnify and release me and any of my employees, staff, consultants, agents, interns, business managers, team members, assistants, owners, directors, shareholders, affiliates, joint venture partners, or anyone else affiliated with my business, from any and all liability, damages, claims; including but not limited to those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, physical or mental disease or condition or issue, or any type of loss or damage or otherwise, even if I am expressly advised in advance of the possibility of such damages or difficulties. You agree that you fully and completely hold harmless, indemnify and release me from any and all causes of action, allegations, suits, sums of money, claims, demands whatsoever, in law or equity that may arise in the past, present or future that arises from your participation in or is in any way related to my Website, Programs, Products and Services. In the event that you use any information, gift, product, program or service provided on or through my Website, Programs, Products and Services by me, or affiliated with me or my business, you are solely liable and responsible for any actions, errors, omissions, or consequences.
Errors and Omissions. Although every effort is made to ensure the accuracy of information shared on or through our Website, Programs, Products and Services, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced on or through our Website, Programs, Products and Services or those of any other individual or company affiliated with me in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because business and technology is constantly evolving, we cannot be held responsible for the accuracy, errors or omissions related to my Website, Programs, Products or Services.
No Warranties. I MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR OUR PROGRAMS, PRODUCTS AND SERVICES.
Affiliates. From time to time, I may promote or partner as an affiliate with other individuals or companies whose programs, products and services align with mine. In the spirit of transparency, I want you to be aware that there may be instances when I promote or market for my partners and in exchange I receive financial compensation in the form of affiliate fees and/or other rewards. Please note that I am highly selective as to the partners whose programs, products and/or services I promote and I only promote or share the programs, products and services of those with whom I think highly. At the same time, any such promotion or marketing does not serve as any form of endorsement. You are still required to use your own judgment when using or purchasing any such affiliate program, product or service to determine that it is appropriate for you as I waive all liability as related to any of my affiliates, including any of their programs, products or services.
No Endorsement. Reference or links in my Website, Programs, Products or Services to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do not constitute my formal endorsement. I am merely sharing information for your own self-help only. I am not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in my Website, Programs, Products or Services. Should my Website link or any of my Programs, Products or Services appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute my formal endorsement of them, their business or their website in any way.
Contact Us. By using my Website, Programs, Products and Services you implicitly signify your agreement to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact email@example.com.