Legal

Last updated: July 5, 2021

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your
relationship with katiemomo.com website (the “Service”) operated by Katie Momo (“us”, “we”, “company” or “our”).

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and
others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and
accept all legal consequences. If you do not agree to these terms and
conditions, in whole or in part, please do not use the Service.

 

Purchases
———

If you wish to purchase any product or service made available through the
Service (“Purchase”), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information.

You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the
information to third parties for purposes of facilitating the completion of
Purchases.

We reserve the right to refuse, suspend, or cancel your order or subscription at any time for any reason including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.  Refusal, suspension, or cancellation is at the sole discretion of the company and may be done so without notice or explanation. 

If you select a payment plan, you must make the initial payment at purchase and then your selected payment method will be automatically charged as per the payment plan of the product.  If you opt for monthly payments, you will remain responsible for those payments. You may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend your access to the Program(s) or Product(s). 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.


Magic Words  
———

Scope of Program
(a) Magic Words includes the following:
(I) 2 monthly Spotlight Sessions during group calls for 6 months

(II) Recording of the  call
(III) A Weekly Quick Question response

(IV) Written materials for Customer’s use and benefit after the program concludes

(b) Additional support, beyond those described above, will require additional fees to be discussed and agreed upon by the parties.

Customer Duties
(a) Compensation: In consideration for the program provided by Company to Customer as set forth in paragraph 1 above, Customer pays a fee of $3,500 USD.  The total fee ($3,500) is due prior to access to the Program.

If payment plan is selected, there are 6 payments of $585 USD automatically collected one month apart for a total of $3,510 USD.

(b) Tools to be Provided by Customer: Customer agrees to provide all tools, information and documentation that may be required by Company to effectively perform said responsibilities in connection with the performance of Program.

(c) Additional Customer Duties: Customer is expected to send in materials to discussed on the call 24 hours in advance of the call. 
Customer further agrees to faithfully execute all assignments and to submit them for feedback in accordance with the provided guidelines.

(d) No Shows: If materials are sent in prior to the call, feedback will be given and you can watch the replay for your answer. If you do not send in any material, you will forfeit that Spotlight Coaching Session.



Term
Support commences on date purchased and shall continue for 6 months following.


Cancellation
Company abides by a strict no refund policy. Customer acknowledges that in accepting the terms of this Agreement, Customer is taking full responsibility for Customer’s own success. Therefore, in the event Customer withdraws from the Intensive, no refund will be provided. Only in the event that an unforeseen circumstance renders Company unable to perform services, a refund will be issued.


No Guarantees
Company cannot guarantee the outcome of its program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantees other than that the services described in Paragraph 1(a) shall be provided to Customer in accordance with the terms of this agreement. Customer acknowledges that Company cannot guarantee any results for its program as such outcomes are based on subjective factors that cannot be controlled by Company.


Confidentiality
(a) Customer Information: Any and all Customer information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (hereinafter referred to as “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Customer with the services specified hereunder without Customer’s express written consent. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Customer’s Confidential Information. Upon request, Company hereto will promptly return or destroy all documents containing Confidential Information and delete all electronic records of or containing the same.

(b) Public Disclosure: Neither party may disclose the terms of this Agreement. Neither party shall make any formal or informal public statement, press release or other announcement regarding the existence or terms of this Agreement without the other party’s prior written approval.

(c) Non-Disparagement: Customer shall, during and after the participation in and use of the Company’s services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.

Fees
You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the
information to third parties for purposes of facilitating the completion of
Purchases.

We reserve the right to refuse, suspend, or cancel your order at any time for any reason including but not limited to: product or service availability, errors
in the description or price of the product or service, error in your order or
other reasons. Refusal, suspension, or cancellation is at the sole discretion of the company and may be done so without notice or explanation.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

 


Availability, Errors and Inaccuracies
————————————-

In order to provide exceptional service, and accuracy, we regularly update the
products and services on the Service.

We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications, availability,
and services. We reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior notice.

Despite our best efforts, the products or services available on our Service
may have an error regarding the price, be inaccurately described, or be
unavailable.

We may experience delays in updating information on the Service and in our
advertising on other websites.


Contests, Sweepstakes and Promotions
————————————

Any contests, sweepstakes or other promotions (collectively, “Promotions”)
made available through the Service may be governed by rules that are separate
from these Terms. If you participate in any Promotions, please review the
applicable rules as well as our Privacy Policy. If the rules for a Promotion
conflict with these Terms, the Promotion rules will apply.

Promotions may be available for a limited time.


Fee Changes
———–

Prices may be changed at any time without further notice. We reserve the right to change our prices at any time without further notice


Refunds
——-

Digital products and courses are non-refundable.

Live event deposits and payments are non-refundable.

Live virtual program deposits and payments are non-refundable.  Payment plans are live virtual mentorship programs are a commitment to pay the full term.

Except when required by law, paid subscription fees are non-refundable.


Accounts
——–

When you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of your account
on our Service.

You are responsible for safeguarding the password that you use to access the
Service and for any activities or actions under your password, whether your
password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.

You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trade mark that is subject to any
rights of another person or entity other than you without appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene.


Copyright Policy
—————-

We respect the intellectual property rights of others. It is our policy to
respond to any claim that Content posted on the Service infringes the
copyright or other intellectual property infringement (“Infringement”) of any
person.

If you are a copyright owner, or authorized on behalf of one, and you believe
that the copyrighted work has been copied in a way that constitutes copyright
infringement that is taking place through the Service, you must submit your
notice in writing to the attention of “Copyright Infringement” of
hello@katiemomo.com and include in your notice a detailed description of
the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees)
for misrepresenting that any Content is infringing your copyright.


Intellectual Property
———————

The Service and all contents, including but not limited to text, images,
graphics or code are the property of the company and are protected by
copyright, trademarks, database and other intellectual property rights. You
may display and copy, download or print portions of the material from the
different areas of the Service only for your own non-commercial use, or to
place an order with the company. Any other use is strictly prohibited and
may violate copyright, trademark and other laws. These Terms do not grant you
a license to use any trademark of the company or its affiliates. You
further agree not to use, change or delete any proprietary notices from
materials downloaded from the Service.


Links To Other Web Sites
————————

The Service may contain links to third-party web sites or services that are
not owned or controlled by the company.

The company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the company 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 services available on or through any such websites or
services.

We strongly advise you to read the terms and conditions and privacy policies
of any third-party web sites or services that you visit.


Termination
———–

We may terminate or suspend access to our Service immediately, without prior
notice or liability, for any reason whatsoever, including, without limitation,
if you breach the Terms.

All provisions of the Terms shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you
wish to terminate your account, you may simply discontinue using the Service.


Indemnification
—————

You agree to indemnify, defend and hold harmless the company, its
principals, officers, directors, representatives, employees, contractors,
licensors, licensees, suppliers and agents, from and against any claims,
losses, damages, losses, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting
from your use of the Service; (b) your breach of any of these Terms; (c)
anything you post on or upload to the Service; and (d) any activity related to
your account. This includes any negligent or illegal conduct by you, any
person or entity accessing the Service using your account whether such access
is obtained via fraudulent or illegal means.


Limitation Of Liability
———————–

The company, its directors, employees, partners, agents, suppliers, or
affiliates, shall not be liable for any loss or damage, direct or indirect,
incidental, special, consequential or punitive damages, including without
limitation, economic loss, loss or damage to electronic media or data,
goodwill, or other intangible losses, resulting from (i) your access to or use
of the Service; (ii) your inability to access or use the Service; (iii) any
conduct or content of any third-party on or related to the Service; (iiv) any
content obtained from or through the Service; and (v) the unauthorized access
to, use of or alteration of your transmissions or content, whether based on
warranty, contract, tort (including negligence) or any other claim in law,
whether or not we have been informed of the possibility of such damage, and
even if a remedy set forth herein is found to have failed of its essential
purpose.


Disclaimer And Non-Waiver of Rights
———————————–

The company makes no guarantees, representations or warranties of any kind
as regards the website and associated technology. Any purportedly applicable
warranties, terms and conditions are excluded, to the fullest extent permitted
by law. Your use of the Service is at your sole risk. The Service is provided
on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without
warranties of any kind, whether express or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular purpose,
non-infringement or course of performance, except as provided for under the
laws of any province in Canada. In such cases, the provincial law shall apply
to the extent necessary.

The company, its subsidiaries, affiliates, and its licensors do not warrant
that a) the Service will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected; c)
the Service is free of viruses or other harmful components; or d) the results
of using the Service will meet your requirements.

If you breach any of these Terms and the company chooses not to
immediately act, or chooses not to act at all, the company will still be
entitled to all rights and remedies at any later date, or in any other
situation, where you breach these Terms.the company does not waive any of
its rights. The company shall not be responsible for any purported breach
of these Terms caused by circumstances beyond its control. A person who is not
a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under
these Terms.


Exclusions
———-

As set out, above, some jurisdictions do not allow the exclusion of certain
warranties or the exclusion or limitation of liability for consequential or
incidental damages, so the limitations above may not apply to you. Provincial
laws of Canada may apply to certain products and service provided.


Governing Law
————-

These Terms shall be governed by, and interpreted and enforced in accordance
with, the laws in the Province of British Columbia and the laws of Canada, as
applicable.

If any provision of these Terms is held to be invalid or unenforceable by a
court of competent jurisdiction, then any remaining provisions of these Terms
will remain in effect. These Terms constitute the entire agreement between us
regarding our Service, and supersede and replace any prior agreements, oral or
otherwise, regarding the Service.


Changes
——-

We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will make reasonable efforts to
provide at least 30 days’ notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.


Contact Us
———-

If you have any questions about these Terms, please support@katiemomo.com.








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