TERMS AND CONDITIONS
OF viewing website and/or purchasing from us
These Terms and Conditions of Purchase (these “Terms and Conditions”) constitute a legally binding contract between Kari Mitchell Healing and you regarding your viewing and/or use of our website including without limitation any purchases of programs and materials from the site.
1. PRICES AND PAYMENT TERMS
The prices for the programs or materials shall be as stated on any order form or as communicated in person.
2. REFUND POLICY
There are no refunds offered on the Programs unless expressly stated to the contrary.
3. INTELLECTUAL PROPERTY
You agree that the programs and materials contain proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, and sound recordings (collectively, “Product Content”) that are owned by Kari Mitchell Healing and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws.
Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, without the written permission of Kari Mitchell Healing is expressly forbidden.
You agree by visiting this website and/or purchasing therefrom that the materials are provided to you without any guarantees and Kari Mitchell healing disclaims any and all warranties, guarantees and or any other representation or promise of any result whatsoever resulting from your use of the materials provided on our site or purchased. Kari Mitchell Healing does not guarantee any results and nothing on our site should be construed as a promise, warranty or guarantee.
5. ADDITIONAL TERMS AND CONDITIONS
A) GOVERNING LAW. You and Kari Mitchell Healing have entered into this Agreement in the State of Colorado and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and Kari Mitchell Healing, shall be determined in accordance with the laws of the State of Colorado, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
B) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES SHALL KARI MITCHELL HEALING, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PROGRAMS OR PURCHASES HEREUNDER. You agree that any liability you claim against Kari Mitchell Healing shall be limited to the amount of the purchase price of any program.
C) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. We may assign this Agreement at any time without notice to you. You have no right to assign this Agreement, by operation of law or otherwise. The programs and other materials are non-transferable.
D) INDEMNIFICATION. By purchasing any of the programs or by viewing the material and applying it yourself, you agree to defend, indemnify, and hold harmless Kari Mitchell Healing, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your purchase and/or use of Products.
E) BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Programs purchased and/or materials viewed (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in Colorado may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Louisville, Colorado.
F) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
G) SESSION CANCELLATION POLICY. Sessions must be cancelled or rescheduled before 24 hours of their scheduled time. If a session is cancelled with less than 24 hours notice, or if Client is a no-show, pre-payment for session will not be reimbursed and the cost of the session if not pre-paid shall be immediately due and owing. Any session cancelled or sought to be rescheduled with less than twenty four hours notice will only be rescheduled if Kari Mitchell Healing consents in its sole discretion. Any sessions purchased as part of any program must be used within three months of the date of purchase or the right to receive the services will have been forfeited and no refunds will be allowed.
H) FTC DISCLOSURE: Any claims shared by Kari Mitchell Healing’s students, friends, or clients are understood to be true and accurate, but are not verified in any way. And, they are not indicative of results you may get and are not an implication that any results will be achieved at all.