ACCEPTANCE OF TERMS
Welcome to the kaylalanielsen website.
USE OF THE WEBSITE
Your use of the website is for information and advertising purposes only. Your use of our website does not bind us and does not establish a client-agent relationship. You must enter into a written agreement and pay any applicable fees to sign up for any of our services.
You are responsible for the selection, installation, maintenance, and operation of your computer, devices or software while using our website. We are not responsible for any errors, failures, or malfunctions of your computer or software or for any malicious software when accessing our website. You are responsible for ensuring that your computer and software are compatible with this website and are responsible for any updates needed in doing so.
PROPRIETARY RIGHTS AND LICENSE TO USE WEBSITE
Unless otherwise stated in this website, we own the intellectual property rights in the website and material on the website, including, but not limited to authorship, design, text, images, software, graphics, videos, messages, or other material. All such content is protected by copyright, trademark and other forms of proprietary rights. Subject to the license below, all these intellectual property rights are reserved. You may view, download, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
You agree that you will not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without our express written consent.
You agree that you will not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Additionally, prohibited activities by the user include, without limitation:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Republish material from this website (including republication on another website);
- Sell, rent or sub-license material from the website;
- Show any material from the website in public without our written permission;
- Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- Edit or otherwise modify any material on the website;
- Interfere with or disrupt the service or servers or networks connected to the website;
- Collect or store personal data about other users; and
- Contact any other user with the intent to defraud.
RESTRICTED ACCESS; USER AMES AND PASSWORDS
Access to certain areas of this website may be restricted and accessible only through a process of registration. We reserve the right to restrict access to areas of this website or the entire website at our discretion. Unauthorized access or use of such portions of the website is strictly prohibited. If we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation. You must promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your account. We are authorized to act on instructions received under your password without any requirement to validate or question those instructions if we suspect a breach of security has occurred.
We reserve the right to add, edit or remove any content from this website at any time without prior notice to you. These Terms and Conditions will apply to any changes to our website.
PROHIBITED SUBMISSIONS; NOT FOR SERVICE OF PROCESS
You may not use the website to purport to serve or otherwise transmit information related to pending litigation or the initiation of litigation, whether involving us or any of our affiliates and whether the litigation is first-party or third-party litigation. We do not consent to service of process or otherwise to delivery of information related to litigation or the intent to initiate litigation through this website.
We may store our clients’ data in a platform of our choice without the consent of the client. Additionally, we may use our website to process payments from clients by utilizing stored payment information. The client acknowledges and agrees to these terms, including recurring payments for any subscriptions.
We are committed to protecting the privacy of our customers’ personal information. State and federal law requires that we notify you about how we collect, store, protect, and share the personal information you provide. We do not sell your personal private information to anyone.
When you utilize our website or become a client or contractor or vendor for us, certain personal information is required. The information submitted to us will be used primarily for the purpose of providing you with accurate information and to further a contractual relationship. We may also use this information to deliver to you information about us and promotional material from some of our partners, trend analysis, pattern detection, and site administration. Any information received is necessary to provide a level of certainty of intent and to maximize credibility. Your information may also be needed in order to aid with the continual improvement of the site, compile basic demographic data and to generally improve the services offered to you. Additionally, we may collect nonpublic personal information about you from the following sources:
- Information we receive from you;
- Information about your transactions with us, our affiliates, or others;
- On documentation you provide to us;
- Your name;
- Your address;
- Your email address;
- Your telephone number;
- Your date of birth;
- Your social security number;
- You bank information;
- Your business information.
We restrict access of this nonpublic personal information and it is only available to our employees who need the information for valid business reasons. We never share any of this information unless required for a valid business reason, authorized by you, or permitted/required by law.
Our site has industry standard security measures in place to protect the loss, misuse and alteration of the information under our control. While there is no such thing as "perfect security" on the internet, we will take reasonable steps to insure the safety of your personal information.
Our website may contain links to other websites. We are not responsible for the privacy practices or the content of third-party websites.
We believe in providing high-quality educational materials and services to our users. However, we want to make it clear that buying our products or services, using our website, subscriptions or apps, or subscribing to any of our services does not guarantee any specific results, including earnings or any number of clients. We cannot, and DO NOT, guarantee that you will achieve any particular outcome or result though the use of our materials or services.
We want to emphasize that our platform is educational in nature, and we provide information and guidance to help our users make informed decisions. Any results that may be achieved by using our products, services, or materials depend on a variety of factors that are outside of our control. We do not make any promises or guarantees regarding the success or failure of any investment, financial or personal decision, or any other outcome based on the use of our products or services.
ASSUMPTION OF RISK
Any user who is about to start any workout program must consult with a physician first. We cannot stress enough the importance of receiving medical clearance before engaging in any physical activity. We do not assume responsibility for any injury, harm, or health-related problems resulting from a failure to consult with a medical professional.
We do not guarantee any specific fitness results in any of our programs. Although we have designed our programs to help users achieve their fitness and teaching goals we cannot guarantee any specific outcome. Everyone’s body is different, and results may vary depending on factors such as genetics, diet, and lifestyle. Our programs are intended for informational purposes only and should not be construed as medical advice.
If you have any physical condition which has not been cleared by a physician, you should NOT engage in any of our workout programs and should always consult with a physician. We are not medical doctors and do not provide medical opinions. Our programs are not intended to diagnose, treat, or cure any medical condition. We strongly advise you to seek medical advice before beginning any physical activity, especially if you have a pre-existing medical condition or are at risk of any health problems.
No refunds are available regardless of any circumstances. Once a purchase has been made, it s final and non-refundable. This policy is in place to ensure that customers are aware of the commitment they are making when they decide to purchase a product or service. It also sets clear expectations and helps to prevent misunderstandings or disputes regarding refunds. No exceptions will be made, meaning that the policy applies to all customers, regardless of their particular situation or circumstances. It is important for you to carefully consider your purchase decision before completing the transaction, as there will be no opportunity to receive a refund if you change your mind later on.
In the event a dispute shall arise between you and Kaylala under this agreement, the parties agree to resolve the matter in mediation. The parties agree to share the costs of mediation equally and both parties agree to participate in the selection of a mediator. Any disputes not resolved in mediation shall be resolved in binding arbitration. the parties agree to share the costs of binding arbitration and to participate in the selection of an arbitrator.
You acknowledge that by using our website, any of our products or services, or by subscribing to any of our platforms, you do not become an agent, business partner, joint venture, member, nor employee of Kaylala. You have no authority to bind or otherwise obligate us in any manner nor shall you represent to anyone that you have a right to do so. You further agree that in the event that we suffer any loss or damage as a result of a violation of this provision, you shall indemnify and hold us harmless from any such loss or damage.
CONFIDENTIALITY AND NON-DISCLOSURE
You agree not to disclose or otherwise reveal to any third party financial information, coaching systems, teaching techniques, work-out sessions, projects, financial reference, business and technical information, including but not limited to information relating to products, plans, calculations, concepts, guidelines, manuals, system design, blueprints, computer programs, algorithms, software, firmware, hardware, manuals, drawings, photographs, devices, processes, specifications, processes, instructions, research, videos, test procedures and results, equipment, identity and description of computerized records, customer lists, supplier identity, marketing and sales plans, business plans, costs, pricing information, all other concepts or ideas involving or reasonably related to the business or prospective business of Kaylala , and all information derived directly or indirectly from the foregoing, by written, oral, electronic communication or otherwise (collectively, the “Confidential Information”). You further agrees to inform such employees or authorized representatives of the confidential nature of Confidential Information and agrees to take all necessary steps to ensure that the terms of this Terms and Conditions are not violated by them. The Confidential Information shall also include without limitation, information furnished to you prior to or after the date of this Terms and Conditions and regardless of the manner in which it is furnished. This Confidentiality and Non-Disclosure section will survive the termination of this Terms and Conditions agreement for a period of ten (10) years thereafter.
BREACH OF TERMS AND CONDITIONS
In the event you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
If any one or more of the provisions contained in these Terms and Conditions is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions contained in the Terms and Conditions, but the Terms and Conditions will be construed as if those invalid, illegal, or unenforceable provisions had never been contained the Terms and Conditions.
Any failure on our part to insist upon the performance of any of the provisions under these Terms and Conditions shall not be construed as a waiver of any provision of the Terms and Conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of laws. All parties agree to the exclusive jurisdiction of Palm beach county County, Florida.
The descriptive headings of the sections and subsections of these Terms and Conditions are for convenience only, and do not affect the construction or interpretation of the Terms and Conditions.
YOU, THE USER, AGREE TO INDEMNIFY AND HOLD Kayla Nielsen, ITS OFFICERS, AGENTS, MEMBERS, AFFILIATES, SUCCESSORS, ASSIGNS AND EMPLOYEES HARMLESS FROM ANY LIABILITY RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF Kayla nielsen, ITS OFFICERS, AGENTS, MEMBERS, AFFILIATES, SUCCESSORS, ASSIGNS AND EMPLOYEES FROM ANY SUIT, CLAIM, ACTION, COUNTERCLAIM, LOSS, EXPENSE OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER AS A RESULT OF CLAIMS, DEMANDS, COSTS OR JUDGMENTS ARISING OUT OF THE ACTS OR OMISSIONS OF Kayla NielsenAND ITS OFFICERS, AGENTS, MEMBERS, AFFILIATES, SUCCESSORS, ASSIGNS AND EMPLOYEES.