Legal Policies & Disclaimers
Updated as of February 14, 2024
I’m so happy you’re here!
By accessing, participating in or purchasing this digital course (the “Course”) and/or by using or accessing this website or affiliated sites and social media (collectively, the “Website”), you (“you” or the “Student”) explicitly agree to the terms, conditions, legal policies (including our privacy policy) & disclaimers (collectively, the “Policies”) below; all of which shall create a binding legal agreement (the “Agreement”) between you and Kaia Maeve Tingley (“Kaia Maeve” or “we” or “us”). You also agree that you are at least 18 years of age. If you do not want to agree to our Policies, then you may not purchase or access the Website or the Course.
DISCLAIMERS
WE ARE NOT PROVIDING MEDICAL, HEALTH, OR ANY OTHER TYPE OF PROFESSIONAL ADVICE. You understand no type of professional relationship is created between us if you access this Website and even if you purchase the Course. Nothing on the Website and nothing in the Course is intended as, nor shall be construed or understood as, personal or professional advice.
You understand that Kaia Maeve is not a doctor, health provider, psychologist, therapist, coach, life coach, guru, or teacher. You would have to hire a professional provider separately if you have specific questions or issues and to address your specific concerns. The Website, Course, and Course Materials (defined below) are for educational and informational purposes only and not intended as professional or specific advice or counseling (including without limitation, medical, health, wellness, psychological, therapeutic, investment, legal, tax or otherwise) to you. For specific advice for your particular situation, you should consult with and hire medical, health, and other professionals who can help you.
THERE IS NO GUARANTEE OF RESULTS AND EARNINGS: While of course we want you to become more aware about self-care and how to try and create more sanity in your life, we know it’s not always an easy thing to accomplish. We can’t guarantee any results. Prior results or examples provided do not guarantee similar outcomes. You understand and agree that you are responsible for your own actions, inaction, and outcomes. Taking this Course does not mean you will change your quality of life or earn more.
CHANGES TO OUR POLICIES: Kaia Maeve may revise and update the Policies from time to time in our sole discretion. All changes are effective immediately when posted. Your continued use of the Course and Website following the posting of revised policies means that you accept and agree to the changes. You are expected to check our Legal Policies & Disclaimers page every time you visit so you are aware of any changes, as they are binding on you.
REFUND / CANCELLATION POLICY: Please note all sales are final.
KAIA MAEVE OWNS THE INTELLECTUAL PROPERTY TO THE WEBSITE, COURSE AND COURSE MATERIALS / YOU ARE GETTING A PERSONAL LICENSE TO USE THEM / HERE’S WHAT YOU CAN AND CAN’T DO WITH THE COURSE AND COURSE MATERIALS:
Kaia Maeve exclusively owns, controls, has permission, or has a license to use all the content in connection with the Website, the Course and any materials therewith (the “Course Materials”). This includes without limitation, all common law and registered trademarks, copyrights and other associated intellectual property rights. We have spent significant time, effort and expense creating the Course and Course Materials and all related content.
By purchasing the Course, you are being granted a limited, personal, non-exclusive, non-transferable, non-commercial, revocable license to use the Course and Course Materials for your own personal use only.
You agree not to share, duplicate, sell, or distribute the Course or any Course Materials to anyone else without the express written consent of Kaia Maeve.
You also agree not to share your login information you use to access the Course with anyone else.
You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, display, publish or republish, enhance or in any way exploit all or part of the Course or Course Materials in any manner for your or a third party’s benefit. You further agree that you shall not create any derivative work based on the Course or Course Materials and you shall not offer any competing products or services based on any information contained therein. Certain images are used under license and are subject to copyright protection by third parties. Notwithstanding any other provision in this Agreement, Kaia Maeve shall be entitled to obtain an injunction against you without having to post bond if we reasonably believe you are misusing the Course Materials. We may also revoke your access to the Course without notice if you are not complying with the Policies. If we revoke your access for this reason, you will not be entitled to a refund.
INFORMATION IN THE COURSE, COURSE MATERIALS AND ON THE WEBSITE: All information on the Website and in the Course, including without limitation handouts, videos, and other content is for informational, educational and illustrative purposes only and not intended as professional advice. We will be providing you with some helpful ways to start looking at self-care, but we unfortunately cannot cover everything you need to know. We recommend you do further research and due diligence and engage appropriate professionals before making any decisions that can impact your life. And, although we endeavor to provide you with up to date and accurate information, it’s possible that some of the information may become outdated. We will strive to update information from time to time, but you agree you will not rely solely on us, the Course, the Course Materials or Website for any decision-making.
REPRESENTATIONS / NO WARRANTIES / INDEMNIFICATIONS / LIMITATION OF LIABILITY: You represent you are legally capable of entering into this Agreement and will abide by the Policies. You agree to do your own due diligence in connection with any actions you take (or don’t take) and will not rely on us or on content on the Website, Course or Course Materials for any material purpose. You will indemnify Kaia Maeve and all contractors, attorneys, agents, affiliates, successors and assigns (“Kaia Maeve Parties”) to the fullest extent of the law from and against any claims, actions, liabilities, harm, loss, costs, expenses or damages whatsoever relating to or in connection with: (i) any content, information or recommendations made by Kaia Maeve or Kaia Maeve Parties, (ii) any content or materials provided to Kaia Maeve by you, (iii) your intellectual property, product liability, third party services, and (iv) your acts or inaction, or the acts or inaction of any third party affiliated with you.
We will do our best to ensure all digital offerings are available without interruption or corruption, however, cannot guarantee the performance or operation of the Website and Course. You understand that we also rely on third party companies and software to provide our content and offerings. We make no warranties of any kind, express or implied, including implied warranties of merchantability and fitness for a particular purpose as to results, services or content of the Website, Course and Course Materials and disclaim the same to the fullest extent of the law. The Website, Course and Course Materials are being provided “AS IS.” We are not responsible or liable for any errors or omissions on the Website or in the Course or Course Materials or for any damage whatsoever you may suffer as a result of your use or non-use of the Website or purchase, use or non-use of the Course or Course Materials.
Kaia Maeve agrees to indemnify you from and against any and all claims, actions, damages, liabilities and expenses, arising out of or in connection with any original content or material owned by and made accessible to the Student by Kaia Maeve, namely, any claims related to infringement of intellectual property rights of any third party. Notwithstanding anything herein, the maximum liability of Kaia Maeve Parties for any claim or any action or omission relating to the subject matter of this Agreement shall be no more than the total of all fees received by Kaia Maeve from you.
Neither party shall be liable for indirect, incidental, special or consequential damages even if that party was informed of same.
THIRD PARTY WEBSITES & LINKS: We may provide links to sites maintained by third parties; these include for payments and to access the Course. We are not responsible for any content, privacy breaches, or accessibility, and are not liable for any damage or loss arising in any way from use of the third party links or sites. We encourage you to review the terms and privacy policies of those other sites before use.
PAYMENTS: By signing up for the Course, you are agreeing to pay all amounts. The Course may be paid for in full or in installments – you choose this when you sign up. If you choose to pay in installments, the total amount shall be higher than the one-time full payment, and installment payments must be made on time. You hereby agree to pay all charges at the price then in effect for your purchase (and applicable sales tax, if any), and you authorize us to charge your credit card or other payment provider for all such amounts upon placing your order. We reserve the right to correct any errors in pricing even if payment was already made. You agree to provide current, complete and accurate information and update it as needed to make sure payments are made as indicated. You understand we are using a third party payment processor, and by purchasing the Course, you are agreeing to their terms, conditions and privacy policy, as well as the policies of the course platform we use. If a payment fails, we will reach out to you to update your payment information. If you do not resolve the payment issue within 7 days of being contacted, Kaia Maeve has the right to revoke your access to the Course and Course Materials unless and until the payments are brought up to date. Under such circumstances, Kaia Maeve will not be responsible for any content missed by you. We reserve the right to refuse any order placed for the Course for any reason. We may change prices at any time. All payments shall be in U.S. Dollars.
TERM AND TERMINATION: Unless otherwise extended by us in writing, the term of this Agreement shall be up to one (1) year from the date you purchase the Course. You will have up to one (1) year from your purchase date of the Course to access the Course. But regardless of termination for any reason, all the obligations listed herein, including indemnification, your use of the Course and Course Materials, restrictions on your use of the Course and Course Materials, as well as other provisions and obligations Kaia Maeve intends to continue after termination shall remain in effect indefinitely. Kaia Maeve reserves the right in her discretion to deny your access to the Course for any reason. Kaia Maeve reserves the right to discontinue any products at any time for any reason. Upon termination for your breach, you agree to immediately delete all materials relating to the Course.
MISCELLANEOUS
NOTICES: All legal notices and communications, including without limitation regarding refunds or cancellations, shall be in writing and sent to that party at the e-mail address it provides in connection with the Course and considered delivered upon the date and time successfully transmitted by e-mail.
NO RELATIONSHIP: This Agreement does not create and shall not be construed as creating a professional or any other type of relationship between us.
WAIVER: The failure of either party to enforce any provision of the Agreement will not constitute a waiver of that or any subsequent breach. A valid waiver must be executed in writing and signed by the party granting the waiver.
ELECTRONIC COMMUNICATIONS, SIGNATURES AND TRANSACTIONS: You agree that this is a valid and binding legal agreement and consent to the use of electronic signatures, which include without limitation, when you checked the box explicitly agreeing to the Policies, signing up for anything, and/or purchasing the Course. You accept electronic notices and communications as legally valid.
GOVERNING LAW AND DISPUTE RESOLUTION: THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, USA; APPLICABLE TO AGREEMENTS FULLY EXECUTED AND PERFORMED THEREIN, WITHOUT REGARD TO ANY CHOICE-OF-LAW PRINCIPLES. UNLESS OTHERWISE NOTED, THE EXCLUSIVE VENUE FOR ALL DISPUTES HEREUNDER SHALL BE BY BINDING ARBITRATION IN TRAVIS COUNTY, TEXAS. NOTWITHSTANDING, WE MAY GO TO COURT AND OBTAIN AN INJUNCTION AGAINST YOU WITHOUT HAVING TO POST BOND IN THE EVENT YOU USE OR MISUSE THE COURSE OR COURSE MATERIALS IN AN UNAUTHORIZED MANNER. IN ANY DISPUTE OR CONTROVERSY REGARDING THE AGREEMENT, WEBSITE, COURSE OR COURSE MATERIALS, THE PARTIES AGREE THAT THEY WILL FIRST TRY TO ATTEMPT TO AMICABLY RESOLVE ANY ISSUES. WE WILL BE ENTITLED TO ANY COSTS RELATED TO ENFORCING THIS AGREEMENT, INCLUDING IF WE HAVE TO PURSUE YOU FOR NON-PAYMENT.
ASSIGNMENT AND ASSIGNS: This Agreement shall be binding upon and inure to the benefit of both parties and their respective successors and assigns. You understand that you cannot assign this Agreement or share your password or any content from the Course or Course Materials with anyone else or any third parties. The rights granted in this Agreement are specific to you. We may assign this Agreement without your permission if we sell any part or all of the business, create a new legal entity, or merge with, or are acquired by, a third party. Any assignment or transfer in contravention with this section shall be null and void.
SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect.
HEADINGS/CONSTRUCTION: Any headings or titles used in this Agreement are for convenience only and shall not affect the meaning of the provisions of this Agreement. You acknowledge that you understand and freely agree to the Policies. You also agree that this document will not be construed against its drafter.
ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between you and us with respect to the subject matter herein and supersedes all prior communications, agreements or understandings, both written and oral. This Agreement may not be changed or modified except as evidenced by a writing signed by both parties.
NO ENDORSEMENTS: If references are made to third party brands, businesses, products or services in the Website, Course or Course Materials, they are not intended to imply an endorsement.
PRIVACY POLICY
YOUR PRIVACY MATTERS:
Your privacy is important to us. This Privacy Policy describes the type of information we collect and how that information may be used.
INFORMATION WE COLLECT: To purchase and access the Course, you will be asked to voluntarily provide some personal information, including but not limited to, your name, e-mail, address, phone number, credit card information and login information, including a password. We use your information as indicated to facilitate your purchase of the Course and to communicate with you regarding the Course, new offerings, events, newsletters or other information we may want to share, including for our marketing / remarketing purposes, and you agree to receive such communications from us. You may also have signed up for our e-mail list using your name and e-mail and agree to receive communications from us. Access to information is limited to us and those third parties that are helping us manage our communications and run the Website and Course. We will not deliberately share your information with third parties. The only exceptions would occur if we need to disclose the information as required by law or if you violate our Policies. Information taken by third party websites is controlled by the policies of those parties, and you agree we are not liable or responsible for the actions of those third parties.
PURCHASES: If you make a purchase on the Website, we use a third party payment processor. Payments are encrypted and purchase transaction data is stored only as long as necessary to complete your purchase transaction; in some cases that will include multiple weeks or months depending on what payment plan you signed up for. Each third party service provider has its own privacy policies, and we recommend you read each privacy policy so you can understand how your personal information will be handled by those providers. We are not responsible for the privacy practices of third parties.
SUBMISSIONS: You agree you do not have any expectation of privacy or confidentiality in any submissions or communications with us, or made online in one of our forums. If you share your idea or information with us, there is no guarantee that we will receive your communication. If you provide us with any feedback, you grant us the right to use that feedback, along with your name and image, in our marketing or for other purposes without being obligated to pay you for its use. You understand communicating with us does not create any professional relationship.
OPT OUT: You may receive e-mails from us so we can let you know about any events, new offerings and other relevant information we may want to share with you, including a newsletter. You may Opt Out of receiving these e-mails or our newsletter by contacting us using the contact information found below and providing us with your name, e-mail address and specific Opt Out request.
INTERNET SECURITY: We take steps to protect personal information; however, unfortunately, we cannot guarantee the security of any information you transmit to us or access online. Because data transmission over the Internet cannot be guaranteed, no security system is completely secure. By using the Website, the Course, and third party sites, you assume all risks, including use by unauthorized parties.
YOUR LOGIN INFORMATION / ACCEPTING OUR E-MAILS: You agree not to share your login information to the Course with anyone else. To do so would be a breach of this Agreement and may lead to immediate termination of access to your account in addition to other legal remedies available to us. You are responsible for any damages that arise from you sharing or misusing your login information. You are also responsible to make sure our e-mail address (listed below) is not blocked or forwarded to your junk folder. We are not responsible if you do not receive our e-mails in a timely manner.
CHILDREN: We will never knowingly request or collect personally identifiable information online from anyone under the age of 13. In fact, our website is not targeted to, nor is it intended for use by, children under 18. If you are under the age of 18, you are not permitted to use the Website or purchase the Course, nor are you permitted to submit any personally identifiable information to us. If you submit personally identifiable information to us, then you hereby represent that you are over the age of 18.
CONSUMER DATA PRIVACY PROTECTION: We do not share your personal information with third parties for their marketing purposes. We retain personal data solely for the reasons set forth in the Policies.
COMMUNICATIONS: In compliance with the CAN-SPAM Act, e-mail sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may opt out at any time.
CHANGE OF CONTROL: Personal information may be transferred to a third party as a result of a sale, merger, acquisition or other change in control. If we sell, merge or transfer any part of the business, part of the sale may include your personal information.
COOKIES (AND PIXELS): Some non-personally identifiable information may be collected through the use of cookies. Cookies are small data files that are stored on your computer when you visit a website. Cookies enable you to use the website and may be used in a variety of ways to enhance or personalize your online browsing and user experience. We use them in order to store your preferences, recognize you when you return to our website, and monitor and maintain information about your use of our website. If applicable, you may decline to accept cookies by modifying your web browser settings.
CALIFORNIA PRIVACY RIGHTS: If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us in the preceding calendar year. To make such a request, please contact us using the information below. As noted, we don’t share your personal information with unaffiliated third parties for their direct marketing purposes.
GDPR: We target students based in the U.S. Notwithstanding, where the GDPR applies, we understand you: have the right to be informed about the data we collect (we inform you above), the right for you to access that information, the right to correct any data that may be incorrect, the right to ask for your data to be deleted, the right to restrict processing of your data, the right to data portability, the right to object to further processing of your data which is inconsistent with the purpose for which it is collected, and the rights related to automated decision making and profiling. Please contact us if you have a question about your data that is not addressed in the Policies.
QUESTIONS AND CONTACT INFORMATION:
Please contact us with any questions. 😊
If you would like to: access, correct, amend or delete any personal information we have about you, or simply want more information, contact us by email.
Email Address: help@kaiamaeve.com
Contact Information: Kaia Maeve Tingley, 9710 Circle Drive, Austin TX, USA
© 2024 Kaia Maeve™. All Rights Reserved.
© 2024 Kaia Maeve Tingley
All Rights Reserved