FAMILY LIFE COACH
TERMS OF USE

Family Life Coach LLC doing business as The Family Life Coach and Katherine Endy (“Katherine Endy”, “The Family Life Coach”, “I” or “us” or “we”) owns and operates this Website and any other web services offered by The Family Life Coach now or in the future, including, but not limited to, its related social media platforms.  

The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. 

By accessing, using, downloading, or viewing this Site or any of its services, resources, Content (defined below), and/or your purchase of any of our offerings or services, including, but not limited to, our courses (collectively, the “Site”), you hereby consent and agree to these terms and conditions (“Terms of Use”). 

The Terms of Use and Privacy Policy (please see https://www.katherineendy.com/privacy) (collectively, the “Terms”) govern your use of the Site, courses, and Content (defined below) and other materials and resources we make available on this Site (collectively, the “Services”). 

These Terms constitute a legally binding agreement made by and between Katherine Endy and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. 

If you do not agree to these Terms and agree to follow all applicable laws, then please cease access or use of the Site and Services immediately.

If you access any Katherine Endy Site on a social media network (e.g., Twitter), you also consent to and agree to abide by the terms and conditions of that social media network.

If you have questions about these Terms, please get in touch with us by email at [email protected]. 

1. CONTENT

Our Intellectual Property. You agree that the Site itself, as well as all content, photographs, sound or videos, media, images, formulas, graphics, training materials, products, services, and/or other information and materials, and selection and arrangements thereof is copyrighted work under the United States and other copyright laws, and is the property of or licensed by Katherine Endy, made available on the Site or any information, materials, and content transferred via a downloadable file or link by us or other third parties (collectively, the “Content”). All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to Katherine Endy or other respective owners that have granted Katherine Endy the right to use such Marks. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, and non-sublicensable, and revocable right to access, view, and use the Site solely for your personal purposes and non-commercial use, and as we otherwise intend. Katherine Endy reserves the right to monitor the Services and Content for the purpose of determining that your usage complies with these Terms.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on our Site in whole or in part, other than as necessary for your own personal non-commercial use, without our written consent. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Katherine Endy, as well as other authors who created the materials, and may be subject to monetary damages and penalties.

Your Intellectual Property. We claim no intellectual property rights over the Materials you supply to Katherine Endy. You retain copyright and any other rights you may rightfully hold in any content you submit through the Site or Services. Content you submit to Katherine Endy remains yours to the extent that you have any legal claims therein. You agree to hold Katherine Endy harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes. 

Third-Party Intellectual Party. You will not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively, “Materials”) protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprietary rights, and the burden of determining that any Materials are not so protected rests entirely with you. You will be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties. 

2. YOUR CONDUCT

Use of the Site and Services. To access or use the Site or Services, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site or Services. Information provided on the Site and in the Services related to product sales, educational content, and other information are subject to change. Katherine Endy makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Katherine Endy disclaims all liability for any inaccuracy, error, or incompleteness in the Content. 

Account Creation. To use the Services, you may be required to provide information about yourself, including your name, email address, username and password, and other personal information. You agree that any registration information you give to Katherine Endy 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 violate any laws in your jurisdiction in your use of the Services. 

Access Credentials. You will ensure that your login, password, and other credentials used to access the Site or Services are kept confidential. Please see our full Privacy Policy here. You will be solely responsible for all use of the Site or Services accessed through your credentials, whether or not you have knowledge of or have consented to such use. You will notify Katherine Endy immediately if you become aware of any unauthorized use of the Site or Services through your access credentials.

Lawful Purposes. You may use the Site and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and purchase services or products through the Site for legitimate, non-commercial purposes only. You will not post or transmit through the Site any material that 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. 

Non-Disparagement. You agree to refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Katherine Endy or any of Katherine Endy’s officers, directors, employees, personnel, agents, policies, services, or products other than to comply with the law. This provision in no way restricts your ability to communicate reviews or performance assessments about Katherine Endy’s goods or services.

Personal Responsibility. You aim to accurately represent the information provided to us on or through our Site, teaching platforms, and social media. You acknowledge that you are participating voluntarily in using the Services and that you are solely and personally responsible for your choices, actions, and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through the Services, and you agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation to your life, family, or business.

3. TERMS OF SALE

Please review the Terms of Sale carefully and make sure you understand them before registering because they contain important and relevant information regarding pricing, payment processing, and cancellation terms.

Pricing. Katherine Endy reserves the right to change the price of the Services at any time without notice.  

Order Confirmation. We will email you to confirm the placement of your order and with details concerning digital product delivery. If there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. 

Cancellations, Refunds, and Returns. There are no refunds for any teaching courses, workshops, or trainings unless we cancel on our end due to illness, emergency, or other reasons. We offer returns for limited times. If you mistakenly purchase the wrong product, have difficulty accessing your purchase, or are dissatisfied with your purchase, please get in touch with us via email at [email protected], and we’ll do our best to make things right.

Payment. We use services provided by Stripe Inc. (“Stripe”) and PayPal Inc. (“PayPal”) to process payments for this Site. By accessing and using the Site for payments, you consent to Stripe’s or PayPal’s (as applicable) then-current terms of service. You authorize us (and any payment processor) to charge your payment card for all purchases you make in accordance with your selected payment option. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction, and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful, or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates, or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested. Katherine Endy SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE PERFORMANCE OR SERVICE PROBLEMS CAUSED BY STRIPE OR PAYPAL, AS APPLICABLE.

Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local, or other taxes. You are solely responsible for the payment of any applicable taxes related to your purchases. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

Description, Errors, and Omissions. We try to make the Site thorough, accurate, and helpful to our visitors. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability, or otherwise affect your order. We reserve the right to correct errors (whether by changing the information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product or Services information at any time without notice. 

Although every effort is made to ensure the accuracy of information shared on or through our Site, the information may inadvertently contain inaccuracies or typographical errors. You agree that we are not responsible for the views, opinions, or accuracy of facts referenced on or through the Site or of those of any other individual or company affiliated with Katherine Endy in any way. Because the fields from which the Content is drawn are constantly evolving, you agree that we are not responsible for the accuracy of our Site or Services or for any errors or omissions that may occur.

We endeavor to describe and display the details of the Services as accurately as possible. While we try to explain the Services clearly, please do not assume that these details are entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing. 

Katherine Endy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. 

Katherine Endy may change the materials on the Site or Services at any time without notice. However, Katherine Endy does not commit to updating the materials.

Modifications. We reserve the right to modify or discontinue the Services (or any part or content provided) at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the products.

Right to Refuse. We reserve the right to refuse Services for any reason. We reserve the right to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We reserve the right to limit the quantities of any products or services we offer. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

4. WARRANTIES AND DISCLAIMERS

For Educational and Informational Purposes Only. The information provided by Katherine Endy or through our Site is for educational and informational purposes only and solely as a self-help tool for your own use.

Not Medical, Psychological, or Religious Advice. Sometimes we discuss physical, mental, and spiritual health. By participating in the Services, you acknowledge that we are not, nor are we holding ourselves out to be, a physician, nurse, physician’s assistant, nurse, or any other medical professional; psychiatrist, psychologist, therapist, counselor, or social worker; or member of the clergy, and do not replace those healthcare professionals.

Not Legal or Financial Advice. You agree that the information on our Site is not legal or financial advice. While staff, guest speakers, and your fellow participants may be attorneys, accountants, or financial advisors in other capacities, they are not providing professional services to you in our realm, nor are they holding themselves out to be. The information contained in the 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 you may incur. Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have or may have in the future. 

No Guarantees. We cannot guarantee your success, nor are we responsible for any of your actions. Our role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment, and follow-through. We cannot predict, and we do not guarantee, that you will attain a particular result. 

You accept and understand that results differ for each individual. Each individual’s results depend on his/her/their unique background, dedication, desire, motivation, actions, and numerous other factors. 

You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through the Services. Your level of success in attaining the results from the Services or information provided depends on your personal commitment and time devoted. 

5. DMCA TAKEDOWN POLICY

Infringement Notification. Katherine Endy respects the rights of others, and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that, in our sole discretion, appears to infringe on the intellectual property rights of others.

How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright that you own or for which you are a designated agent, please send a notice of infringement by email to [email protected].

Send such notice with the information that sets forth the items specified below:

• Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
• Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Katherine Endy to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
• Include details of your claim to the material or your relationship to the material’s copyright holder.
• Provide your full name, address, and telephone number should we need to clarify your claim.
• Provide a working email address where we can contact you to confirm your claim.
• If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
• If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
• Sign the document, physically or electronically.

ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA. Please note that you may be liable for damages, including but not limited to costs and attorneys’ fees under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright, or (b) that material on the Site was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, Katherine Endy may terminate access to the user’s account.

No Endorsement. References or links on the Site, Services, or Content to the information, opinions, advice, programs, products, or services of any other individual, business, or entity do not constitute our formal endorsement. We are not responsible for the Site content, blogs, e-mails, videos, social media, programs, products, and/or services of any other person, business, or entity that may be linked or referenced. Conversely, should links to our Site or Services appear on any other individual, business, or entity Site, program, product, or service, it does not constitute our formal endorsement of them, their business, or their Site.

Affiliates. From time to time, we may promote, affiliate with, or partner with other individuals or businesses whose programs, products, and services align with ours. In the spirit of transparency, we want you to be aware that there may be instances when we promote, market, share or sell programs, products, or services for other partners. In exchange, we may receive financial compensation or other rewards. Please note that we are highly selective and only promote the partners whose programs, products, and/or services we respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product, or service is appropriate for you. You are assuming all risks, and you agree that we are not liable in any way for any program, product, or service that we may promote, market, share, or sell on or through our Site.

6. LIABILITY

Limitation of Liability. By using the Services, and/or enrolling or registering for any programs, you agree to absolve Katherine Endy of any liability or loss that you or any other person may incur from the use of the information, products, or materials that you request or receive through or on our Site. You agree that we will not be liable to you, or to any other individual, company, or entity, for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages, for use of or reliance on our Site. You agree that we do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by Katherine Endy or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with our business, which is engaged in delivering content on or through the Services. In no event will Katherine Endy’s cumulative liability to you exceed the total purchase price of the service you have purchased from Katherine Endy, and if no purchase has been made by you, Katherine Endy’s cumulative liability to you will not exceed $100.

7. GENERAL TERMS

Indemnification. You hereby fully and completely hold harmless, indemnify, and release Katherine Endy and any of our agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with our business or Katherine Endy from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to the Site and Services. 

You will 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 will not settle any third-party claim or waive any defense without our prior written consent. 

Effect of Headings. The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and will not affect the construction or interpretation of any of its provisions. 

Entire Agreement; Waiver. This Agreement constitutes the entire agreement between you and Katherine Endy pertaining to the Site and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Katherine Endy will be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver will be binding unless executed in writing by Katherine Endy. 

Notices. All notices, requests, demands, and other communications under this Agreement must be in writing and sent to [email protected].

Governing Law; Venue; Mediation. This Agreement will be construed in accordance with, and governed by, the laws of the State of Maryland as applied to contracts that are executed and performed entirely in Maryland. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement will be Baltimore County, Maryland. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which will be conducted under the then-current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures. 

Recovery of Litigation Expenses. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties will be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. 

Severability. 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 will remain in full force and effect and will in no way be affected, impaired, or invalidated. 

Assignment. These Terms of Use bind and inure to the benefit of the parties’ successors and assigns. These Terms of Use are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid. 

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Notice to California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Notice to Users Outside the United States of America. The Site is controlled and offered by Katherine Endy from the United States of America. Katherine Endy makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of the information you provide to us.

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We reserve the right to update any portion of our Site and Services, including these Terms, at any time. Posting the new Terms on the Site serves as notice to you of such amendments. Any use of the Site or Services by you after being notified means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on our Terms of Use page. 

Questions? If you have questions, please get in touch with us at [email protected].

Updated: November 2022