This website is operated by Kambria Kaelin LLC. Throughout the site, the terms “we”, “us” and “our” refer to Kambria Kaelin LLC (the “Company”). Kambria Kaelin LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, polices and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”) including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new feature or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at anytime on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It it your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WooCommerce. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
By using https://kambriakaelin.com and/or https://learn.kambriakaelin.com, referred to collectively as the “website” or “site”, all visitors, referred to “user”, “customer” “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Kambria Kaelin LLC (the “Company”), owner of https://kambriakaelin.com and https://learn.kambriakaelin.com. These Terms and Conditions referred to as “terms” govern and define how you are allowed to use and access the Company’s website and online courses. Accessing the website constitutes a use of the website and an acceptance to the Terms and Conditions herein.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to update and change these Terms and Conditions or impose new conditions on use of the website, from time to time, in which case we will post the revised Terms and Conditions on this website. By continuing to use the website after we post any such changes means you accept the new Terms with the modifications.
Notice: These Terms and Conditions are legally binding. It is your responsibility to read these Terms and Conditions carefully.
You are legally bound to these Terms and Conditions whether or not you have read them. If you do not agree with any of our Terms and Conditions, please email us at email@example.com and we will make reasonable efforts to remove your name, email and access to our website and online courses.
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 of Use.
In order to use the Site, 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 the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
The Site contains intellectual property owned by the Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property, as well as the Kambria Kaelin name, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.
You may, view, print and/or download one copy of the Materials from this website on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy.
The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
By participating in and/or reading this Website and/or other Content, including but not limited to blog, email, videos, webinars, and/or teleseminars, you acknowledge that the Company cannot guarantee the outcome of services and/or recommendations within the Content and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.
By participating in/reading Company’s Content, you acknowledge the Company and its representatives are not licensed psychologists, attorneys, or financial advisers, and the services or information provided here do not replace the care of medical or other licensed professionals. Any information provided here is in no way to be construed or substituted as medical advice or psychological counseling or any other type of therapy or advice.
The Company may provide the User with information relating to third-party products and/or services that the Company believes might benefit the User, including business and marketing platforms or applications, travel resources, and other, but such information is a recommendation only. THE COMPANY IS NOT LIABLE FOR ANY ADVERSE EFFECTS OR CONSEQUENCES THAT MAY RESULT, EITHER DIRECTLY OR INDIRECTLY, FROM ANY RECOMMENDATIONS PRODIVDED. User agrees that these are only recommendations and the Company will not be held liable for the products and/or services provided by any third-party to the User. Should the Company be an affiliate for any product and/or service and receive a commission, this information will be disclosed at the point of purchase.
You acknowledge that the Company has not and does not make any representations as to the future income, outcomes, sales volume or potential profitability or loss of any kind that may be derived as a result of use of the Company’s Website, Courses, products or services. Testimonials, earnings, or examples shown through the Website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular financial outcome based on the use of the Company’s Courses and/or services.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, KAMBRIA KAELIN LLC IS NOT LIABLE 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 SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, 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 LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE KAMBRIA KAELIN LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL KAMBRIA KAELIN LLC CUMULATIVE LIABILITY TO YOU EXCEED $100.
THIRD PARTY RESOURCES
The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. 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 losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions of Use, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records 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.
RELEASE OF CLAIMS
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction 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, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, 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 we 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.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us 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 us, our affiliates, our payment processing company, and merchants 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 or its Content.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington within the United States, regardless of the conflict of laws principles thereof.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Spokane, Washington or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions of Use bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions of Use are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and Kambria Kaelin LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If you have any questions or concerns regarding these Terms and Conditions or Disclaimers, please email firstname.lastname@example.org
Effective as of: November 2022