TERMS & CONDITIONS
Please read these Terms of Use carefully before purchasing, accessing or using any of my Programs, Products and Services.
Terms of Use
My Programs, Products, and Services are owned and operated by Kelly Dunlap, Kelly Dunlap LLC, Kelly Dunlap Wellness or The Metabolism Reboot Academy, (“Company”) The term “you” refers to any purchaser and/or user of any of my Programs, Products and/or Services.
These Terms of Use for Programs, Products, and Services (“Terms of Use”) state how you may use my Programs, Products and Services and Program Materials, and their content. Please read these Terms of Use carefully. I, Kelly Dunlap, and or the Company reserve the right to change these Terms of Use from time to time.
By using any of my Programs, Products and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use my Programs, Products and Services.
Use and Consent
By purchasing or using any of my or the Company Programs, Products or Services, you agree to abide by these Terms of Use as well as my Disclaimer , Terms and Conditions and Privacy Policy, and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing or using my Programs, Products, Services or Program Materials, in any manner constitutes use of the Program, Products, Services and Program Materials, and your agreement to be bound by these Terms of Use.
All of the Programs, Products, Services and Program Materials are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Program, Product, Service or Program Materials by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using the Programs, Products, or Services or my Program Materials, you represent and warrant that you are at least 18 years old.
Intellectual Property Rights
My Limited License to You. The Programs, Products, and Services and all the Program Materials are my property and/or my affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The content in the Programs, Products and Services is solely owned by or licensed to Kelly Dunlap LLC, Kelly Dunlap Wellness and/or The Metabolism Reboot Academy, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of the Program Materials or any other material or aspects of materials provided by me or the company to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.
If you purchase or access any of the Program Materials through the Programs, Products or Services, you will be considered my Licensee. For the avoidance of doubt, all content obtained through me and/or the company is my property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use the Programs, Products or Services or the Program Materials in a manner that constitutes an infringement of my or my company rights or in a manner that has not been authorized by me and/or the company.
You are being granted a limited license to use the Program, Products and Services, and Program Materials with permission and restrictions. This means that when you purchase a Program, Product or Service from my Website or otherwise, you are purchasing the limited right to use the Program Materials in the form that is provided by me to you with certain conditions as specified in these Terms of Use.
You are permitted to use the  Programs, Products, Services and Program Materials as follows:
You are permitted to download and/or print free resources from my Website or e-mail correspondence, e-newsletters, or other publicly shared information that are NOT a part of any paid Program, Product or Service for your own personal or business use, but only provided that you give me 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(s) from which the information was obtained. You may also download and/or print Program Materials for your own personal use. However, you are not permitted to share, sell, reprint or republish any other of my Program Materials, including handouts, for resale or mass reproduction purposes for your own business use.
Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to me. All trademarks reproduced in this Website, which are not the property of, or licensed to me, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without my express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of mine or the Company bearing the trademark symbols (™) or ® may not be used by you for any reason without written express written permission.
All rights not expressly granted in these terms or any express written license are reserved by the Company.
Information You Are Prohibited from Sharing with Others. As a Licensee, you understand and acknowledge that my Programs, Products and Services and the Program Materials have been created, 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 mine which needs to be protected from improper and/or unauthorized use.
When you enroll in or purchase the Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:
You will not copy, share or steal my Programs, Products, Services, or Program Materials, or any parts of them.
You will not in any way use, copy, adapt or represent any of my Programs, Products, Services or Program Materials in any way as if they are yours or created by you.
You will not engage in improper and/or unauthorized use of my Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through my Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
You will not duplicate, share, trade, sell, or otherwise distribute my Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of my Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use my Program, Product, Service, and Program Materials.
You will not violate my intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using my Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of my Program, Product, Service or Program Materials.
You will not reprint or republish any part of my Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
You will not use my Programs, Products, Services or Program Materials in a manner that constitutes an infringement of my rights or in a manner that has not been authorized by us through my prior written consent.
You may not engage in improper and/or unauthorized use of my Program Materials or any other information related to my Programs, Products or Services. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through my Programs, Products or Services or any other communications provided by me to you promoting or relating to the Programs, Products or Services.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of my Programs, Products or Services or Program Materials as set forth in these Terms of Use is considered theft and stealing and I retain the right to prosecute theft to the full extent of the law.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Limitations on Linking and Framing. You may establish a hypertext link to my Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in my Website or Content and does not state or imply that I are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link my Content without my written permission.
Your License to Me. By posting or submitting any material on or through my Programs, Products, Services or Program Materials, 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.
When you submit to me or post any comment, photo, image, video or any other submission for use on or through my Website, you are granting me, the Company, and anyone authorized by me, an unlimited, 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 contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting me the right to make it part of my current or future Programs, Products, Services and/or Program Materials. This right includes granting me use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also grant me, the Company, and anyone authorized by me, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that I have the right but not the obligation to use and display any contributions from you of any kind and that I or the company may elect to cease the use and display of any such contributions on my Programs, Products, Services and/or Program Materials at any time for any reason whatsoever.
Media Release. By participating in my Programs, Products and Services, and using my Program Materials, including my 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 my sole discretion, I 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 my Program, Product or Services in my current or future Programs, Products or Services, and/or my marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Request for Permission to Use Content
Any request for written permission to use the Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to the company (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an e-mail to [email protected]
I very clearly state that you may not use the Programs, Products, Services or Program Materials, in whole or in part, in any way that is contrary to these Terms of Use unless I or the company have given you specific written permission to do so. If you are granted permission by me or the company, you agree to use the specific Content that I allow and ONLY in the ways for which I or the company have given you written permission. If you choose to use the content in ways that I do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from me, and you consent to immediately stop using such Content and to take whatever actions as I may request and by the methods and in the time frame that I prescribe to protect my intellectual property and ownership rights in my Programs, Products, Services or Program Materials.
 
Security
When you apply for, enroll in, purchase or use the Programs, Products or Services, or Program Materials I or the company 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 me, you grant me permission to use and store such Confidential Information. I or the company, in turn, will use my best efforts to keep your Confidential Information safe, secure and confidential. I take precautions to protect such Confidential Information. When you submit Confidential Information via my Program, Product, Service or
Program Materials, I take measures to protect the security of your Confidential Information both online and offline.
However, due to the nature of the Internet, I cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through my services; therefore submitting Confidential Information, data or other information is done at your own risk.
I have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but I make no assurances about my ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using my Programs, Products, Services and Program Materials and you agree that you are doing so at your own risk. my Programs, Products, Services and Program Materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to my Programs, Products, Services and Program Materials. My Programs, Products, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of my Programs, Products, Services and Program Materials.
I take every precaution to protect my Programs, Products, Services and Program Materials. However, due to the nature of the Internet, I cannot completely ensure or warrant the security of the Programs, Products, Services and Program Materials or the contributions or information transmitted to us on or through my Website or my Programs, Products, Services and Program Materials. Submitting contributions or information on my through my Programs, Products, Services and Program Materials is done entirely at your own risk. I make no assurances about my ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of my Programs, Products, Services and Program Materials and you agree that you are assuming such risks.
DisclaimerI and/or the company has 

I and/or the company have the right to terminate the access of all the services and program materials at any time with no refund, during any time of the program.  
My Programs, Products, Services, and Program Materials are for informational and educational purposes only. To the fullest extent permitted by law, I expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with my Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, 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. You specifically acknowledge and agree that I am not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.
Medical Disclaimer. My Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through my Programs, Products, Services, and Program Materials 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, member of the clergy, 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 in my Programs, Products, Services, and Program Materials, or received from me. 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. I am 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. I am not giving medical, psychological, or religious advice whatsoever.
Legal and Financial Disclaimer. My Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through my Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. I am not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that I are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through my Programs, Products, Services, and Program Materials. You are solely responsible for your results.
Earnings Disclaimer. You acknowledge that I have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product, Services or Program Materials. I cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of my Programs, Products, Services and Program Materials and you accept and understand that results differ for each individual. I also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of my Programs, Products, Services or Program Materials. You agree that your results are strictly your own and I are not liable or responsible in any way for your results.
Warranties Disclaimer. I MAKE NO WARRANTIES AS TO MY PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. I DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MY PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Technology Disclaimer. I try to ensure that the availability and delivery of my Programs, Products, Services and Program Materials is uninterrupted and error-free, including my content and communications through methods like my Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by me to you. However, I 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, I will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, I will be not be liable to you for damages or refunds, or for any other recourse, should my Programs, Products, Services or Program Materials 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 my Programs, Products, Services or Program Materials inaccessible to you.
Errors and Omissions. I make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in my Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, I cannot be held responsible or accountable for the accuracy of my content. You acknowledge that such information may contain inaccuracies or errors and I are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites. I may provide links and pointers to other websites maintained by third parties that may take you outside of my Programs, Products, Services or Program Materials. These links are provided for your convenience and the inclusion of any link in my Programs, Products, Services or Program Materials to any other website does not imply my endorsement, sponsorship, or approval of that website or its owner. I do not endorse and I am not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in my Website or its Content, or their accuracy or reliability. I assume no responsibility for errors or omissions caused by other websites that may be included my Programs, Products, Services or Program Materials. I have no control over the contents or functionality of those websites and so I accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore I do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
By purchasing and/or using my Programs, Products, Services or Program Materials in any way or for any reason, you also implicitly agree to my full Disclaimer.
Indemnification, Limitation of Liability and Release of Claims
Indemnification. You agree at all times to defend, indemnify and hold harmless my Company, as well as any of my 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 my Programs, Products, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with me.
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 Programs, Products, Services or Program Materials. 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, 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 me. I do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering my Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use my Programs, Products, Services or Program Materials or any other information provided by us or affiliated with me, I assume no responsibility.
Release of Claims. In no event will I be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on my Programs, Products, Services or Program Materials, or on those affiliated with me in any way, and you hereby release me 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 I are expressly advised of the possibility of such damages or difficulties.
These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of my Programs, Products, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
Your Conduct
You are agreeing that you will not use my Programs, Products, Services or Program Materials in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, or access to them either 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 and its Content and to me.
You must use the Programs, Products, Services or Program Materials for lawful purposes only. You agree that you will not use my Programs, Products, Services or Program Materials in any of the following ways:
For fraudulent purposes or in connection with a criminal offense 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, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
To send, negatively impact, or infect my Programs, Products, Services or Program Materials with 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, whether intended or not
To cause annoyance, inconvenience or needless anxiety
To impersonate any third party or otherwise mislead as to the origin of your contributions
To reproduce, duplicate, copy or resell any part of my Programs, Products, Services or Program Materials in a way that is not in compliance with these Terms of Use or any other agreement with me.
Communication Guidelines
If you have a question or concern about your Programs, Products, Services, or Program Materials, you may send an e-mail to [email protected] and I will do my best to reply to your question or concern promptly.
Purchases and Online Commerce
If paying by PayPal, debit card, or credit card, you give me permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Program, Product or Service will be put on hold until payment is made.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and I reserve the right to cease your access immediately and permanently.
If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from my Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.
All information obtained during your purchase or transaction for my Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and my payment processing company.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use my Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Since I have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of my Programs, Products, or Services, I do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, I reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
If you make a purchase from one of my affiliates, or any other individual or company through a link provided on or through my Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through my Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that I shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and Merchants may have privacy and data collection practices that are different from mine. I have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through my Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or me that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release me, my affiliates, my payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against me or them, arising from your purchase through or use of my Website or its Content.
Refund Policy
Your satisfaction with your Program, Product or Service is important to me. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing my Programs, Products, Services and Program Materials, I have a NO REFUND POLICY. Unless otherwise provided by law, you acknowledge that I do not offer refunds for any portion of your payment for any of my Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of my Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.
Termination
You have the right to terminate your use of or participation in my Programs, Products or Services at any time by sending an e-mail to [email protected].
I reserve the right in my sole discretion to refuse or terminate your access to my Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Program, Product or Service.
In the event of cancellation or termination by me, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by me, I reserve the right to immediately refuse or terminate your access to any aspect of my Programs, Products, Services and/or my Program Materials, including but not limited to my Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to my Programs, Products, Services or Program Materials at any time without notice and in my sole discretion.
All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and my Refund Policy will still apply now and in the future, even after termination by you or me.
Dispute Resolution
It is hoped that should I ever have any differences, I could be able to work them out amiably through e-mail correspondence. However, should I be unable to seek resolution within a reasonable time, you agree now that 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 protected] 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. You 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 my Programs, Products or Services 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 Michigan, 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 me, my Company, or any of my Programs, Products or Services. 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.
If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
Confidentiality and Privacy
Confidential Information. To use my Programs, Products, Services or Program Materials, I may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in my Programs, Products, Services or Program Materials (“Other Information”). By providing such Confidential Information or Other Information to me, you grant me permission to use and store such information. I, in turn, will use my best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and my full Privacy Policy which may be found on my Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. I will promptly correct any Confidential Information found to be incorrect.
What I Do With Confidential Information. I request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, I may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve my Programs, Products, Services or Program Materials, (3) to periodically send promotions about new Programs, Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Programs, Products or Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service or Program Materials.
Storage. All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive my correspondence. You agree and acknowledge that I, including but not limited to my team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.
Confidentiality and Disclosure. All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that I may disclose Confidential Information and personally identifiable information: (1) pursuant to this terms of these Terms of Use and Privacy Policy and my Disclaimer, (2) if I am required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on me or my partners, sponsors, investors, or affiliates, (5) to protect and defend my rights or property or those of my users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of my users, purchasers, or the public. I will not sell, distribute or lease your Confidential Information to third parties unless I have your permission or are required by law to do so.
Viewing by Others. Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through my Programs, Products, Services, or Program Materials, my Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, I cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
How I Use Cookies. I may use the standard “cookies” feature of major web browsers. I do not set any Confidential Information in cookies, nor do I employ any data-capture mechanisms on my Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of my Programs, Products, Services or Program Materials may not work as intended. I have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to my Programs, Products, Services or Program Materials.
Passwords. To use certain features of my Programs, Products, Services, or Program Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If I learn you have shared your username and/or password with another person, I reserve the right to immediately terminate your access to the Program, Product, Service, Program Materials, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. I cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using my Programs, Products and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, I have the right to immediately inactivate your account. I will use my best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with my rights or property.
If you have any questions about any term of these Terms of Use, please contact me at [email protected]. Thank you. 
 
TERMS OF USE (OF KAJABI - WHERE I HOST my MEMBERSHIP SERVICE)
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Kelly Dunlap (which includes www.kellydwellness.com and it's connected sites, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Kelly Dunlap [kellydwellness.com], (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Kelly Dunlap Wellness”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to my data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, [https://kelly-dunlap.mykajabi.com/pages/privacy-policy.] If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which I am entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Michigan If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.