Terms and Conditions - Color Me Kale

 

Welcome to COLOR ME KALE. These terms and conditions outline the rules and regulations for the use of COLOR ME KALE’s Website. COLOR ME KALE is located at: PO BOX 189 Chimacum, Washington 98325, United States

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use COLOR ME KALE’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

COOKIES: We employ the use of cookies. By using COLOR ME KALE’s website you consent to the use of cookies in accordance with COLOR ME KALE’s privacy policy. Most of modern interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

LICENSE: Unless otherwise stated, COLOR ME KALE and/or it’s licensors own the intellectual property rights for all material on COLOR ME KALE. All intellectual property rights are reserved. You may view and/or print pages from http://colormekale.com for your own personal use subject to restrictions set in these terms and conditions. You must not:

HYPERLINKING TO OUR CONTENT: The following organizations may link to our Web site without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
  • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

We may consider and approve in our sole discretion other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources such as Chambers of Commerce, American
    Automobile Association, AARP and Consumers Union;
  • dot.com community sites;
  • associations or other groups representing charities, including charity giving sites, online directory distributors;
  • internet portals;
  • accounting, law and consulting firms whose primary clients are businesses; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph two above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator (Web address) being linked to; or
  • By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of COLOR ME KALE’s logo or other artwork will be allowed for linking absent a trademark license agreement.

IFRAMES: Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

RESERVATION OF RIGHTS: We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

REMOVAL OF LINKS FROM OUR WEBSITE: If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

CONTENT LIABILITY: We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

REFUNDS: It is my intention for you to be happy with your Program. Because I have invested considerable time and effort in your Program, if you decide to withdraw at any time for any reason, other than extenuating financial or health or circumstance that I have approved at my sole discretion and granted you a refund pro rata per the Termination section below, you are still fully responsible for making all Program payments, and no refunds will be provided.

PAYMENT AUTHORIZATION AND RECEIPT: If paying by credit card, you give us permission to automatically charge your credit card as payment for your Program without any additional authorization, and you will receive an electronic receipt.

MISSED PAYMENT: If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 7-day grace period to make the payment, otherwise your Coaching Program will be put on hold and you will not be able to book your next session until payment is made. If no payment is received within 30 days, your Coaching Program will terminate.

CONFIDENTIALITY

Confidentiality is important to me. The Coach will keep the Client’s information private, and will not share the Client’s information with any third party unless: (1) they have a legitimate reason to know such information as a member of my team or staff, (2) when required by law, or (3) you have given me prior written permission. In addition, I will not divulge that we are in a coaching relationship to anyone outside of the Program with the exception of the aforementioned, without your express consent. You, the Client, of course, are free to discuss our coaching relationship with anyone else at any time. You, the Client, also agree not to discuss or air any concerns about the program with anyone other than the Coach.

INTELLECTUAL PROPERTY RIGHTS

You agree that the Coach retains all ownership and intellectual property rights to the Program content and materials provided to you through the Program, including all copyrights and any trademarks belonging to me. The Program content and materials are being provided to you for your individual use only and with a single-user license which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without my prior written permission.

PERSONAL RESPONSIBILITY, DISCLAIMER & RELEASE OF CLAIMS

Personal Responsibility, Assumption of Risk, and Health Care Related Claims: The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after this program.

The Client expressly assumes the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Client releases the Coach from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the future against the Coach, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Coach.

Disclaimer: The Client understands that the role of the Health Coach is not to prescribe or assess micro- and macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition, or other physical or mental ailment of the human body. Rather, the Coach is a mentor and guide who has been trained in holistic health coaching to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. The Client understands that the Coach is not acting in the capacity of a doctor, licensed dietitian, nutritionist, psychologist, or other licensed or registered professional, and that any advice given by the Coach is not meant to take the place of advice by these professionals. If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor.

The Client has chosen to work with the Coach and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals. By signing this Agreement, you agree that you are also consenting to the full Disclaimer which may be found on my website.

Limitation of Liability, Indemnification, and Release of Claims: While I take care in creating this Program experience for you, you agree that I will not be held responsible in any way for the information that you request or receive through this Program, including my services, products, and Program materials and any other information you have received from or through me related to this Program. You agree that you fully and completely hold harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may have against me in the future that may arise from your participation in the Program, including all services, products, and Program Materials, to the extent permitted by applicable law.

OTHER IMPORTANT TERMS

Termination: By participating in this Program, you are making a commitment which you must take seriously. If, however, extenuating financial or health circumstances prevent the Client from completing the Program, the Client has the right to apply to request to terminate this Agreement with 30 days written notice by sending an e-mail to [email protected] The Coach shall retain the right to grant or refuse Termination at her sole discretion. Should the Coach allow termination of this Agreement, the Client agrees to the automatic charge of the following monthly installment payment, if the Client is paying by installments. If the Client already has paid in full, the Coach will decide at their discretion if a refund will be issued, minus the payments for sessions or monthly services previously rendered. This Agreement will terminate 30 days after the Client has provided notice of the desire to terminate the coaching relationship provided the Coach has granted the request for termination. Should the Coach choose to deny the request for termination, this Agreement shall continue until the expiration of the Term, and no full or partial refunds will be provided. If the Coach opts to terminate the Agreement for any reason, the Client will receive a refund pro rata, based on the Coach’s discretion. Even after termination by either of us, all of the terms of this Agreement, including all of the Investment, Refund Policy, and Intellectual Property terms, will still apply to both of us now and in the future.

Notice: All correspondence or notice required regarding the Program shall be made to me by e-mail at [email protected] and to you at the e-mail address you provided during your enrollment in the Program. Should your e-mail address, billing information, or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to me within 3 days of any change.

Entire Agreement, Assignment, Survivability and Waiver: This Agreement contains our entire agreement. This Agreement may be modified or amended at any time as long as the amendment is in writing and signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If I choose to waive or not enforce one or more terms of this Agreement, it does not in any way limit my right to later enforce every part of this Agreement.

Governing Law: This agreement shall be construed according to the laws of the State of Washington State. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force.

Dispute Resolution: In the event that there ever arises a dispute between Coach and Client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client.

Non-Disparagement: If there is a dispute between us, you agree not to publicly or privately make any negative or critical comments about the Program, my business, or me, or to communicate with any other individual, company or entity in a way that disparages the Program or harms my reputation in any way, including on social media. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions.

RETREAT TERMS

Cancellations. All requests for cancellation must be submitted in writing, via email to [email protected] Regardless of the reason for cancellation, those cancelling their booking will forfeit their Non-Refundable Deposit. Retreat Participant will be entitled to a refund of a portion of the remaining Retreat Fee in the amounts provided below:

  • If the notice of cancellation is received at least 60 days before the Retreat, a refund of 50% of the amount remaining of the Retreat Fee plus the fees for Full Retreat Accommodation, after deducting the Non-Refundable Deposit;
  • If the notice of cancellation is received at least 30 days before the Retreat, a refund of 25% of the amount remaining of the Retreat Fee plus the fees for Full Retreat Accommodation, after deducting the Non-Refundable Deposit.
  • Regardless of the reason for cancellation: There will be no refund whatsoever if the notice of cancellation is received 29 days before the Retreat or later.

Refunds. Retreat Organizers are not responsible for airline or travel arrangements by the Retreat Participant, and Retreat Organizers assume no responsibility or liability for losses due to cancellations arranged by the airline carrier.

  • Retreat Participants are responsible for seeking refunds on their tickets from the airline carrier from which their ticket is issued.
  • There will be no refund for any participant who attends the Retreat, or who leaves the Retreat prior to its conclusion, for whatever reason. Nor shall complaints about the Retreat result in any partial or full refund.

In case of force majeure, including but not limited to acts of governing law or climatic conditions which force cancellation of the Retreat, your full payment will be credited to another date within 12 months from date of original booking.

 

By purchasing any eBook, digital program, coaching package, or session with Crystal Gordon of Color Me Kale LLC, we both acknowledge that we have read, understand, agree to and accept all of these terms and conditions. You agree that you have had the opportunity to ask me any questions prior to purchase, and your signature, agreement through checking a box which states that you agree to these terms and conditions, or email statement of agreement, indicates that you are in agreement with all of these terms and conditions.