Welcome to Life, Business, and Beyond!
To access our coaching content, you must agree to the following Terms and Conditions (this “Agreement”). This Agreement is a contract between you, the User (as defined below), and Life, Business, and Beyond, LLC, an Oregon limited liability company (“LBB”). It applies to your access to the Content available through Karissa Dean & www.karissadean.com (the “Website”). Please read this Agreement carefully and make sure you understand it. If you do not understand this Agreement or do not accept any part of it, do not continue using the Website.
The “User” is the person or, if the person is acting on behalf of an entity or organization, the entity or organization that has registered to use the Website, provided that if such person is under 18 years of age (a “Minor”), it also includes such person’s parent or legal guardian. In this Agreement, except where otherwise noted, “you” or “your” shall refer to the User.
1. CONSENT. By clicking “Accept,” or viewing or otherwise accessing the Content, the User hereby accepts all the terms and conditions of this Agreement and consents to contract with LBB electronically.
BY CLICKING “ACCEPT” AND ACCESSING THE CONTENT YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THIS AGREEMENT ELECTRONICALLY AND UNDERSTAND THAT SUCH ACCEPTANCE CONSTITUTES YOUR INTENT TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU ARE UNDER 18 YEARS OF AGE, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE WEBSITE.
2. PAYMENT. In exchange for a limited, revocable, non-exclusive, non-transferable, non-assignable license to access the Content (as defined below), the User shall pay LBB a one-time fee (the “Subscription Fee”), which shall include, without limitation, all applicable fees and taxes detailed in the confirmation receipt emailed to you (the “Receipt”). The Subscription Fee is non-negotiable and shall be determined by LBB at its sole discretion. Except as expressly outlined in this Agreement, all amounts paid to LBB are nonrefundable.
3. SERVICES. LBB shall provide the User with audio, video, and/or other media content accessible and/or available via the Website (the “Content”). This Content will be focused on developing your awareness, thinking, and abilities, and is generally designed to help you achieve your work- and/or life-related goals.
4. REPRESENTATIONS AND WARRANTIES. The User represents and warrants as follows:
(a) If you are an individual, you are at least 18 years of age and have the legal capacity to enter into this Agreement;
(b) If you are a parent or legal guardian of a Minor, said Minor has your express permission to use the Website and/or access the Content;
(c) If you are accessing the Content on behalf of a company or organization, the individual clicking “Accept” meets the age and capacity requirements of subsection (a) above, and has the requisite authority to act on behalf of and bind the entity; and
(d) You do not suffer from any present or former physical or mental condition that might be affected by the Content, or you have received clearance from all appropriate health care professionals to engage with the Content.
5. INTELLECTUAL PROPERTY.
5.1 Ownership. The User hereby agrees and acknowledges that LBB is the sole and exclusive owner of the Content and all related ideas, concepts, discoveries, techniques, processes, methods, research, writings, and materials of any nature whatsoever delivered to the User through or because of the Content (the “LBB Materials”). Such LBB Materials shall include, without limitation, all patents, copyrights, patent disclosures, and inventions (whether patentable or not), trademarks, service marks, trade names, logos, corporate names, and domain names (together with the goodwill symbolized thereby), trade secrets, data, know-how, and other intellectual property rights (collectively, “Intellectual Property Rights”).
5.2 No Copying. The User shall not copy, reproduce, re-use, or repurpose any of the LBB Materials, by any means, except with the prior written consent of LBB.
6. PERSONAL INFORMATION. LBB collects information voluntarily provided by the User when registering to purchase the Content, for example, your name, email address, telephone number, date of birth, and credit card number (collectively, “Personal Information”). LBB reserves the right to collect, use, and disclose your Personal Information without consent, only as permitted by law. Otherwise, the User hereby consents to the collection, usage, and disclosure of their Personal Information as described in this section.
6.1 If you opt-in to receive offers, promotions, or other information from LBB, your information may be used to provide you with promotional offers and solicit your opinion on our content. If you have opted to receive these offers, LBB may also use your Personal Information to ensure that your contact information is accurate and up to date. LBB WILL NEVER SELL YOUR PERSONAL INFORMATION TO THIRD PARTIES OR OFFER PRODUCTS AND SERVICES FROM THIRD PARTIES.
7. WARRANTY DISCLAIMER. LBB HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, GUARANTIES AND REPRESENTATIONS RELATING TO THE CONTENT, EXPRESS AND IMPLIED, ORAL OR IN WRITING, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WHETHER OR NOT ARISING THROUGH A COURSE OF DEALING. THE CONTENT IS NOT GUARANTEED TO BE PERMITTED IN YOUR JURISDICTION, ERROR-FREE OR UNINTERRUPTED, COMPLETELY SECURE, OR ACCESSIBLE FROM ALL DEVICES OR BROSWERS. LBB MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE COMPATIBILITY WITH ANY DEVICE OR THIRD-PARTY SOFTWARE, OR ANY RESULTS TO BE ACHIEVED THEREFROM CONCERNING THE CONTENT.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL LBB BE LIABLE TO THE USER FOR: (A) ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) DIRECT DAMAGES OF MORE THAN THE AGGREGATE AMOUNTS PAID TO ACCESS THE CONTENT.
8.1 Third-Party Links. The Website and/or Content may contain links to third-party websites and online services that are not owned or controlled by LBB. LBB assumes no responsibility for such websites and online services. The User hereby agrees that navigation to and use of such third-party websites and online services shall be at your own risk.
8.2 Connectivity. The User acknowledges that they shall be responsible for securing, paying for, and maintaining internet connectivity sufficient to access the Website and Content, including, without limitation, any related hardware, software, third-party services, and related equipment and components (the “Network”). The User further acknowledges and agrees that LBB is not responsible for any problem, interruption, delay, or loss of access to the Website and/or Content caused by or attributable to the Network and hereby waives any claim for damages due to the same.
9. MISCELLANEOUS.
9.1 Notice. Any notice required or permitted hereunder shall be in writing and delivered by electronic mail. The User consents to have all notices under this Agreement delivered at the email address provided for the Receipt.
9.2 Amendments. This Agreement, or any policy or other terms referenced herein, may be updated by posting a revised version on the Website. Unless expressly stated otherwise at the time of posting, the revised terms shall be effective upon posting. By continuing to use the Website or otherwise accessing the Content, you accept any revised Agreement, or any policy or other terms referenced herein, and agree to be bound thereby. It is your responsibility to check the Website regularly for changes to the terms and provisions expressed herein.
9.3 No Waiver. The failure by LBB to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect its right to enforce such provision thereafter. All waivers by LBB must be in writing to be effective.
9.4 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever, under or because of this Agreement.
9.5 Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns.
9.6 Headings. The section headings herein are provided for convenience only and have no substantive effect on the construction of the Agreement.
9.7 Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
9.8 Governing Law; Jurisdiction. This Agreement shall be governed by Oregon State law, without regard to its conflict of law provisions. The parties consent to the state and federal courts located in Portland, Oregon, having exclusive jurisdiction over any claims that arise from or are related to this Agreement or the Content. The parties waive the application of the United Nations Convention on Contracts for the International Sale of Goods as to the interpretation or enforcement of the Agreement. The parties further agree that the Content is deemed to be solely based in Oregon and the Website is deemed to be a passive conduit for the Content that does not give rise to personal jurisdiction over LBB, either specific or general, in jurisdictions other than in Oregon.
9.9 Entire Agreement. This Agreement and any instrument incorporated herein by reference constitutes the entire agreement between the parties and supersedes all other communications between the parties relating to the subject matter of the Agreement. In the event of any inconsistency between this Agreement and any other terms, this Agreement will control.