Terms and Conditions of Use
Use and Consent
Please read these Terms and Conditions of Use (hereinafter “Terms and Conditions”) carefully and in their entirety before using www.kellypender.com (hereinafter “we,” “our,” “us”). You, as a visitor and/or user of our website, agree to these Terms and Conditions, and your access and/or use of our website, products, and/or services or via materials requested through email constitutes your voluntary acceptance to be bound by these terms, whether you have read them or have had the opportunity to read them and have chosen not to.
This website and any products and/or services offered herein are not intended for persons under the age of 18. If you are under the age of 18, you may not use or view this website.
Legal and Financial Disclaimer
You understand and agree that this website and our products, programs, and services are intended to provide information and education. The information provided is not business, financial, or legal advice.
You should consult with an attorney, accountant, and/or financial advisor in your area who understands your particular business and financial situation so that you can take the right steps for you and your business.
You understand and agree that this website and our products, programs, and services are intended to provide information and education to assist you in attaining your goals.
You understand and agree that your success depends entirely on your business experience, motivation, and individual capacity. There are no guarantees of any kind as to your earnings and income.
You understand and agree that this website and our products, programs, and services is intended to provide information and education and is not intended as medical, psychological, or psychiatric advice and is not intended to provide diagnosis, treatment, prevention, cure or guarantee.
The information provided is not a substitute for professional medical, psychological, or psychiatric advice, diagnosis, or treatment for your individual condition and circumstance. You should consult with a licensed and/or registered health care professional about your individual condition and circumstance. You warrant that you have submitted to a physical examination and have a physician’s approval to participate or are participating without the approval of a physician of your own volition and at your own risk.
You should always consult with a licensed and/or registered health care professional before making any health or dietary changes or beginning any exercise program. If you are pregnant, nursing, obese, diabetic, or have any other medical or mental condition, you should follow the supervision of a licensed and/or registered health care professional.
By starting any exercise program, you assume all risks of injury, dangers, and/or hazards as a result of doing so. You should use any equipment shown in any exercise program as demonstrated only.
Do not stop taking any prescribed medications or disregard or delay seeking medical advice based on any information contained in this website and our products, programs, and services.
No Warranty or Liability
The information provided on www.kellypender.com is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in our products and/or services purchased therefrom or via materials requested through email.
THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
YOU AGREE THAT KELLY PENDER AND WWW.KELLYPENDER.COM ARE NOT LIABLE TO YOU OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR SERVICES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES.
YOU AGREE THAT KELLY PENDER AND WWW.KELLYPENDER.COM ARE NOT LIABLE FOR ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES, LOSS OF DATA, COMPUTER FAILURE, COMPUTER VIRUS OBTAINED BY USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR SERVICES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, OR ANY OTHER SIMILAR ISSUE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.
KELLY PENDER AND WWW.KELLYPENDER.COM’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $100 (USD).
We expressly exclude any liability to the fullest extent of the law.
By using our website and its content or purchasing a service and/or product from our website or requesting materials via email, you agree to this limitation of liability and release Kelly Pender and www.kellypender.com from any and all claims.
You agree at all times to defend, hold harmless, and indemnify Kelly Pender and www.kellypender.com, and any affiliates, agents, or other party associated with Kelly Pender and www.kellypender.com, from any cause of action, lawsuits, judgments, including attorney’s fees and costs, arising from your use of our website or its content, or products and/or services purchased therefrom, or via materials requested through email, as well as any third party claims of any kind arising from your actions in relation to our website.
Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.
Intellectual Property Protection and Personal Use
The materials contained on our website, including, but not limited to, products (including e-courses), programs, documents, videos, photos, graphics, designs, and other files, are the proprietary property of Kelly Pender and www.kellypender.com are protected by United States intellectual property rights.
You may electronically copy and print portions of www.kellypender.com solely for your personal, non-commercial use [with respect to your business].
While we love the sharing of our content via social media, and www.kellypender.com uses various plug-ins and widgets to allow for this type of sharing, the use of these plug-ins and widgets does not constitute a waiver of Kelly Pender’s intellectual property rights. Such use is a limited license to republish our website content on the approved social media channels with full credit to www.kellypender.com.
Kelly Pender grants you a single non-transferable license to download, view, copy, and/or print any products you purchase from www.kellypender.com or materials requested via email solely for your personal, non-commercial use [with respect to your business]. You may not share the cost of any product or the product itself with any third party.
You may not share your login credentials for www.kellypender.com with any third party for any reason. You may not sell or transfer your access to www.kellypender.com or any of the content and/or materials contained therein to any third party.
Upon the termination of this license, you shall delete and/or destroy all downloaded and/or printed copies of the materials from www.kellypender.com obtained therefrom.
You agree that you will not use the contents of and materials in any products and/or e-courses you purchase from Kelly Pender and www.kellypender.com to create a competing product.
Any other use of the materials in www.kellypender.com, any product you purchase, and/or materials requested via email, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.
You agree that you will not use our website, products (including e-courses, e-books), programs, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.
Your License to Us
When you submit any post, comment, image, or other content that you upload, publish, or display on or through our website (“User Content”), you grant to us a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from any such User Content in any and all media or formats for advertising and marketing or any other lawful purposes.
You retain the right to remove your User Content at any time.
If you remove your User Content, the license granted to us expires but we retain the license to the extent that any User Content has been incorporated into our advertising and/or marketing or on our content sites.
You agree that you will not post, transmit, upload, or otherwise make available any User Content that is harmful, threatening, defamatory, unlawful, abusive, harassing, obscene, vulgar, hateful, or otherwise objectionable.
You agree to use this website and our products, programs, and services for lawful purposes only.
Our website may feature testimonials from time to time. They are examples. While these testimonials are accurate and honest portrayals of actual clients or customers sharing their opinions about our website, products and/or services, they are not a guarantee that all clients or customers will have the same, similar, or better experience.
No Formal Endorsements
Any reference or link to any other companies, events, services, or products, on our website, blog, or in our emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business.
You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
We may choose to provide an affiliate link to products and/or services that we believe align with our own products and/or services from time to time. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.
You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Third Party Links
From time to time, we may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by Kelly Pender and www.kellypender.com. If you use those links, you leave our website.
You agree that Kelly Pender and www.kellypender.com are not responsible for the content, availability, or accuracy of other websites that may be linked to our website. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.
By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that Kelly Pender and www.kellypender.com are not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.
By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from www.kellypender.com’s. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.
You understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf.
Our third-party payment processing providers may have privacy policies and terms and conditions that differ from ours. We have no liability or responsibility for the independent policies of our third-party payment processing providers. You are encouraged to read the independent policies contained on the third-party payment processing providers’ websites.
You understand and release us from liability for any damage or loss caused by your purchase from our website or by your dealings with our third-party payment processing providers.
Due to the extensive time and effort that goes into the products and programs, there is no refund policy.
We do not tolerate or accept any type of chargeback from your credit card company.
We reserve the right to terminate your access to our website, in full or in part, at any time for any reason.
Dispute Resolution and Jurisdiction
These Terms and Conditions shall be governed and construed according to the laws of the State of Pennsylvania, without regard to conflict of laws principles. The nearest state and federal court to Pottstown, Pennsylvania shall have exclusive jurisdiction over any case or controversy arising from your use of our website or its content, or products and/or services purchased therefrom, or via materials requested through email.
By using our website or its content, or products and/or services purchased therefrom, or via materials requested through email, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.
In the event that Kelly Pender must make a claim for any breach of these Terms and Conditions by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs.
If any provision of these Terms and Conditions shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.
Modification of Terms and Conditions
We may change, modify, or update these Terms and Conditions at any time and will notify you of any such changes by a prominent notice displayed on our website at least 10 days prior to implementing the change. We recommend that you check the Terms and Conditions when you visit our website to be sure that you are aware of our most current policies.
By continuing to use this website, you agree to be bound by the most updated version of these Terms and Conditions, whether you have read them or have had the opportunity to read them and have chosen not to.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT: HELLO@KELLYPENDER.COM
January 2nd, 2020