TERM OF SERVICE AGREEMENT
Kelly Nie Wellness
1. Parties:
The term “Company” refers to Kelly Nie Wellness and any company that Ms. Kelly Nie may start for the purposes of running her program on the website https://www.kellyniewellness.com (the "Website").
For purposes of this Agreement, Kelly Nie Wellness along with any affiliates, agents, business associates, contractors, employees, co-sponsors, and co-hosts will collectively be referred to as “Company.” For clarity, Kelly Nie the person, individual and owner of Kelly Nie Wellness is NOT a party to this agreement and all references to Ms. Kelly Nie within this agreement and on all collateral materials, including websites, refer to the doing business as name which represents Kelly Nie Wellness.
The term “Client” refers to the purchaser of the program, the Services/products available on the "Website".
2. Scope:
The scope of this Agreement covers Client’s and Company’s agreements about their relationship created through Client’s participation in Company’s program, Kelly Nie Wellness.
This Agreement covers intellectual property rights, liability, disclaimers, and other important legal implications of entering into this relationship.
3. Fee:
Client purchased the service/product of Kelly Nie Wellness, for the agreed-upon purchase price.
4. Payment:
Client agrees to pay in full before purchasing all products and services from the Website at the specific prices displayed for each product.
For services/membership/mentorship with installment payments, Company has the right to cancel the program and revoke access to the membership site due to any late payments and or no payments made by Client. Access to the membership site will be revoked for all programs, even the fully paid programs, while payment is in default. Additionally, Company has the right to cancel the program and revoke access to the membership site if Client is in violation of this contract. Company has the right to cancel the program and revoke access to the membership site for any reason Company deems valid due to the behavior of the Trainee in and outside of class that is not in alignment with the values of the Company.
Client must download the materials in the membership portal/email to receive lifetime access to the materials.
There are no refunds and no cancellations of any payment. The online course/program that when purchased, must be fully paid for, whether you decide to complete the course/program or not for any reason.
You are responsible for reviewing the billing date which can be found by logging in to your account.
If you have chosen a payment subscription plan by selecting a minimum number of recurring fees in the checkout form or through a signed agreement, then you shall immediately owe and pay Kelly Nie. If you cancel the payment subscription plan early, then any unpaid future recurring fees must still be paid.
To collect payment on past due payments, we will use any payment method on file. If Company cannot collect payment within 3 months, your amount owed may be sent to a collection agency which may be credit affecting.
If you pay with an e-check, your account will remain on hold until the check clears. You will not have access to your account on the membership site until the check clears.
If you make a payment and it shows posted on your end, but we have not received it, you must supply proof of payment before you will receive access to your program on the membership site.
We recommend that you save, copy or print this acknowledgment for future reference.
These terms are subject to change at a future date. Client agrees to be bound by the terms of the agreement for all future revisions to this agreement as well.
5. Term:
The engagement of services begins on the date of purchase.
6. Company’s Services:
Company services include:
MEDITATIONS
MEMBERSHIP
IMMERSIONS
1:1 SERVICES
7. Termination:
This Agreement does not allow for termination prior to the program end date. If Client chooses to end participation prior to the program end date, Client will not receive a refund, and will be responsible for completing payment outlined in Paragraph 4.
If Client defaults on their payment plan and their payment is past due, access to the membership site will be revoked and Client will not be able to access any of their programs until their account balance is current and all past due amounts are paid in full.
If Client disputes a charge through our payment processor, access to the membership site will be revoked and Client will not be able to access any of her programs on the membership site until the dispute is resolved. Client may not receive access to the membership site and or the programs on the membership site even after the dispute is resolved. Access to the membership site and the programs during and after a dispute is up to the discretion of the Company. If access to the membership site is revoked at the discretion of the Company, then Client will no longer have lifetime access to the course materials if the course materials have not yet been downloaded.
If Client disputes a charge or charges through their credit card processor, Client is still responsible for paying for the amount of the disputed charge(s). If Company loses the dispute, Client is also responsible for payment of the applicable Dispute Fee.
Company may terminate your participation in the course if Client is in violation of the contract, exhibits behavior in or out of class that are not in alignment with the values of the company, and or shares her membership site login with anyone. Trainee will not receive a refund and will be responsible for full payment of the course/program.
8. Intellectual Property Rights:
Company reserves all ownership rights to any materials including but not limited to documents, images, audio, and video, provided to Client through Client’s participation in Program. Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes.
9. Client’s Acknowledgements:
Trainee acknowledges that all the services/products she purchases are created to help her return to and awaken her inner power.
Trainee agrees:
To abide by all of the stipulations set forth in this terms of service.
To not claim the modality as her own and to reference Company when discussing the origin of the modality.
Trainee agrees to NEVER share her membership site login or any course materials with anyone else.
These terms are subject to change at a future date. Client agrees to be bound by the terms of the agreement for all future revisions to this agreement as well.
10. Release:
Company may take photographs, videos, audio recordings, or other recordings during Program that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in Program, Client is consenting to being recorded and photographed and to the use of Trainee’s likeness and voice in any media in perpetuity by Company for whatever purpose as Company sees fit. Client also consents to comments or posts made in the Facebook group or online membership community may be used for future commercial or non-commercial purposes.
11. No Guarantees:
Company provides no guarantees about the results that Client will experience while taking any product in her practice. Further, Client should never guarantee the results her clients may experience.
12. Disclaimers:
All product/services on the Website does not replace medical, psychological, financial, or legal advice or services. Company does not purport to offer, and Clinet agrees that Company does not offer a professional service of any kind, including medical, psychological, financial, or legal. Company does not prevent, treat, diagnose, or cure any disease or condition of any kind. Client should never hold herself out to provide these professional services when using any services of Kelly Nie Wellness.
13. Warranties:
Company and Trainee warrant that they have full authority to enter into this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.
14. Whole Agreement:
This Agreement constitutes the entire agreement between Client and Company. This Agreement supersedes and cancels all prior or contemporaneous oral agreements and written agreements including but not limited to conversations, messages, emails, and negotiations.
15. Modification; Waiver:
The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver. In order to make the waiver binding, the party making the waiver must execute it in writing. The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.
16. Non-Disparagement:
Client agrees, during and after participation in the Light Language Magik program, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation.
17. Severability:
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
18. Limited Liability:
THE AMOUNT OF COMPANY’S LIABILITY RECOVERABLE BY CLIENT FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF TRAINEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. Notices:
All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered by registered or certified mail, postage prepaid and sent to the party’s address.
20. Dispute Resolution; Costs and Fees; Applicable Law/Venue:
Both Company and Client agree to make every effort to resolve disputes without the need for third party assistance.
If Company is the successful party to the dispute resolution, Company will be entitled to costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which Company may be entitled.