FAMILY LIFE COACH, LLC
TERMS AND CONDITIONS
BY VISITING HTTP://KATHERINEENDY.COM YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to Katherine Endy, Katherine Endy, The Family Life Coach, and Family Life Coach, LLC (collectively, “FLC”).
The term “Site” refers to http://katherineendy.com.
The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
These Terms and Conditions govern your use of the Site, product sales, course enrollments, and any other information, materials, and resources we make available on the Site (collectively, the “Service”).
These Terms and Conditions apply to all Site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions without modification and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, 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. Information provided on the Site and in the Service related to product sales, educational content, and other information are subject to change. FLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. FLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, 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 FLC 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 Service.
You will ensure that your login, password, and other credentials used to access the Site or Service are kept confidential. You will be solely responsible for all use of the Site or Service accessed through your credentials, whether or not you have knowledge of or have consented to such use. You will notify FLC immediately if you become aware of any unauthorized use of the Site or Service through your access credentials.
You may use the Site and Service 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 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.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may change or discontinue any aspect or feature of the Site or Service at any time, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
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 & RETURNS
We offer a 72-hour refund policy if you mistakenly purchase the wrong product. If you have difficulty accessing your purchase, please contact us via email at [email protected], and we’ll do our best to make things right.
PRODUCTS OR SERVICES
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.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
DESCRIPTIONS & ERRATA
The materials appearing on the Site may include technical, typographical, or photographic errors. FLC does not warrant that any materials on its Site are accurate, complete, or current.
We endeavor to describe and display the Service as accurately as possible. While we try to explain the Service as clearly as possible, please do not assume that the Site is 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.
FLC 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.
FLC may change the materials on its website at any time without notice. FLC does not, however, make any commitment to update the materials.
MATERIAL YOU SUBMIT TO THE SITE
You shall 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 shall 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.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the Materials you supply to FLC. You retain copyright and any other rights you may rightfully hold in any content you submit through the Site or Service. Content you submit to FLC remains yours to the extent that you have any legal claims therein. You agree to hold FLC 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.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by FLC and Katherine Endy, including trademarks, copyrights, proprietary information, and other intellectual property. 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 or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately revoke access and remove you from the Service, without refund, if you are caught violating this intellectual property policy.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Website, the Service provided, the Products provided, use of the Service or Products, or access to the Service or Products, or any contact on the website through which the Service or Products are provided, without our express written permission.
This license grants you and one parenting partner access to FLC materials. You may not share FLC materials with anyone else, in whole or in part, without our express written permission. FLC may ask you to identify your parenting partner, and we may check your IP addresses from time to time.
You are welcome to reshare our social media content and share your snapshots of class materials on social media platforms with proper credit to @thefamilylifecoach.
If there is content or a tool in our offerings that you would like to incorporate into your own business, workplace, or client work, please email [email protected] to discuss a licensing agreement.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content provided) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the products.
We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. Posting the new Terms and Conditions on the Site serves as notice to you of such amendments. Any use of the Site or Service 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 and Conditions page.
You agree to refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’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 Company’s goods 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, FLC 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, 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 FLC 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 FLC’s cumulative liability to you exceed the total purchase price of the service you have purchased from FLC, and if no purchase has been made by you, FLC’s cumulative liability to you shall not exceed $100.
The Site and the Service 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 FLC. You acknowledge sole responsibility for and assume all risk arising from using 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, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. 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.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and FLC 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 FLC 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 FLC.
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 shall 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 shall 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 shall 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 shall 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.
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 bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: August 2022