Last Modified September, 2021
THE SECTION BELOW TITLED “BINDING ARBITRATION” CONTAINS A BINDING ARBITRATION AGREEMENT. BECAUSE THIS SECTION AFFECTS YOUR LEGAL RIGHTS, WE ASK THAT YOU PLEASE READ THEM.
1. PRICES AND PAYMENT TERMS
The prices for the Program shall be as stated:
The full pay price for the program is $2,497
The 6 pay price for the program is six payments of $477
The 12 pay price for the program is 12 payments of $247
Payment shall be made by credit or debit card.
Upon purchase, you will receive a username and password for each subscription you purchase in the Order.
2. REFUND POLICY
To request a refund, email email@example.com. The choice of whether or not to issue a refund is in our full discretion. In order to qualify for a refund:
You can participate in the Program for up to 15 days. If, on or before the end of 15 days, you do all the assigned work and don’t get value or feel your learning style doesn’t match the way in which we teach, we’ll happily refund the money you’ve paid us under this Agreement less any external fees and subject to the following conditions:
Deadline to Apply for Refund: To be eligible for a refund, you must submit your request by 11:59pm EDT on the 14th day from when you purchased the program. The deadline exists because if you enroll in the program, we want you to get as much value from the program as possible. However, if you sign up but do not plan on beginning immediately, please make sure this is the right investment for you, as the refund does have a firm deadline.
Completed Coursework: In order to obtain your refund pursuant to this guarantee, you must contact KT Merry Education Inc. to demonstrate how much of the program you completed. At minimum, KT Merry Education Inc. requires proof of completion of Module 1 and associated workbook lessons in their entirety to be considered eligible for a refund. KT Merry Education Inc. will determine whether or not you have completed the coursework and watched a substantial portion of the videos.
Company Discretion: After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
3. BONUS CONTENT
Unless otherwise noted, bonus content will become available after the refund period has expired. The Refined x KT Merry Presets bonus is only available to purchasers who complete the checkout process before bonus expiration. Purchasers completing checkout after bonus expiration are not eligible to receive the Refined x KT Merry Presets bonus and no exceptions shall be made otherwise. The Refined X KT Merry Presets bonus shall expire at 11:59:59 PM EST on October 24, 2021.
4. INTELLECTUAL PROPERTY
You understand and agree that the Products contain proprietary information and materials, such as videos, coursework, training modules, photographs, software, text, graphics, images, and sound recordings, (collectively, the “Product Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that are owned by KT Merry Education Inc. 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, is considered stealing and an infringement of our intellectual property rights, and KT Merry Education Inc. will prosecute such misconduct to the fullest extent permitted by law.
KT Merry Education Inc. provides you with the Products solely for your own personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of KT Merry Education Inc. rights or that has not been authorized by KT Merry Education Inc. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
By using the products, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference KT Merry Education Inc., the Products, or the Product Content, or infringe on any of KT Merry Education Inc. 's or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by KT Merry Education Inc. and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF KT MERRY EDUCATION INC. AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The trademarks, service marks, and logos of KT Merry Education Inc. (the “KT Merry Education Inc. Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of KT Merry Education Inc. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of KT Merry Education Inc. Trademarks inures to our benefit.
5. THIRD-PARTY MATERIALS AND WEBSITES
KT Merry Education Inc. may provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by KT Merry Education Inc. of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that KT Merry Education Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that KT Merry Education Inc. will not be liable for your improper use of third-party materials and websites. Any affiliate links that linked on the site will be clearly marked; however, we encourage you to reach out with any questions you may have regarding affiliate links. Company marks (whether or not registered) may not be used for any reason without written permission. Client agrees not to register, operate, or lease any domain with a confusingly similar name to any such mark without permission of Company.
6. REPRESENTATIONS AND WARRANTIES
THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PROGRAMS AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS. HOWEVER, KT Merry Education Inc. DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING THE PRODUCTS, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.
B) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: KT Merry Education Inc. TS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
7. LEGAL, FINANCIAL, AND HEALTH DISCLAIMER
The information provided within this course is for informational purposes only. It should never be considered legal, financial or health advice, as I am not a licensed attorney, financial advisor, accountant, or healthcare practitioner. I am not holding myself out as an attorney, a financial advisor, an accountant, a doctor/physician, nurse, physician’s assistant, advanced practice nurse, or any other medical professional (“Medical Provider”), registered dietician or licensed nutritionist, or member of the clergy.
The views and opinions expressed in this course are expressly my own, derived from my own experiences, and should never replace the opinion of a licensed attorney, financial advisor, accountant, or healthcare practitioner. All information I provide in this course is my personal opinion, derived from my own personal experiences, and is not licensed advice. It is important for you to note that the needs of every individual, and every business are unique, and there is no “one size fits all” advice. You should consult with a licensed attorney, financial advisor, accountant, or healthcare practitioner if you independently decide that you want to take action on any information you read on my site or hear in any educational material I provide to determine what may be best for your individual needs.
A. NOT MEDICAL ADVICE
The information provided in or through this course pertaining to the topic of health or wellness, business/career choices, finances, or any other aspect of your life is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider. You agree and acknowledge that I am not providing medical advice, mental health advice, or religious advice in any way. Always seek the advice of your own Provider regarding any questions or concerns you have before implementing any recommendations or suggestions from this course. Do not disregard medical advice or delay seeking medical advice because of information you have read on this course. The information contained on this course has not been evaluated by the Food and Drug Administration.
B. NOT LEGAL OR FINANCIAL ADVICE.
Content contained on or made available through my course is not intended to and does not constitute legal, health, financial, investment or accounting advice and by viewing/watching/listening to this content, no relationship whatsoever (such as an attorney-client relationship) is formed between us. Your use of the information on the website, any of my educational material or materials linked from my site is at your own risk.
While I have done my best to provide you with accurate information, I do not make any guarantee or other promise as to any results that may be obtained from using my education or content. Although care has been taken in preparing the information provided to you, I cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss or damage you may incur. No one should ever make any financial, investment, health related, legal, or accounting decision without first consulting his or her own licensed, applicable advisor, and conducting his or her own research and due diligence. To the maximum extent permitted by law, KT Merry Education Inc. disclaims any and all liability in the event any information, commentary, analysis, opinions, advice and/or recommendations prove to be inaccurate, incomplete or unreliable, or result in any other losses. You assume full responsibility or liability for the accuracy of application of any information or education I provide whether or not arising from the negligence of KT Merry Education Inc. or the course.
C. PERSONAL RESPONSIBILITY; NO GUARANTEES.
I cannot predict and I do not guarantee that you will attain a particular result from utilizing information on this course, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this course. You agree that you are participating voluntarily in using our course, and you will accurately represent the information provided to us on or through our course. You acknowledge that and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this course, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from this course to your life, family or business.
7. ADDITIONAL TERMS AND CONDITIONS
A. GOVERNING LAW. The Parties have entered into this Agreement in the State of FLORIDA and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of Florida, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of Florida, and that venue of any action will be located in the District Court of Miami-Dade County, Florida.
C. BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
D. TERMINATION. KT Merry Education Inc. is committed to providing all customers with a positive experience. If you fail, or KT Merry Education Inc. suspects that you have failed, to comply with any of the provisions of this Agreement, KT Merry Education Inc. in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or you participation in program without refund; and/or (b) terminate this Agreement. Your obligations to KT Merry Education Inc. under this Agreement will survive expiration or termination of this Agreement for any reason.
E. MODIFICATIONS AND AMENDMENTS. KT Merry Education Inc. reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on KT Merry Education Inc.’s website or you may be notified by either email or postal mail. If you have any questions, please contact us directly at firstname.lastname@example.org.
F. INDEMNIFICATION. To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party, 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 breach of this Agreement.
G. BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF FLORIDA, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
H) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of KT Merry Education Inc.’s intellectual property rights and confidential and proprietary information by you, KT Merry Education Inc. will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. KT Merry Education Inc. may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Miami-Dade County, Florida, United States of America for purposes of any such action by KT Merry Education Inc.
I. COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
J. NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
K. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.