The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Ashley Kalbus (“Company”, “we”, or “us”).
Your use of this website, www.ashleykalbus.com (“my website”), and the services I provide to you are governed by the terms and conditions detailed below (the “Agreement”). This website and all of the content included on the website and in any information, products, or services I provide to you are owned by Ashley Kalbus(“Kalbus,” “I,” “my,” “me”, "we").
By using my website, purchasing an online course, website template, digital info product, or hiring me to provide my services to you, you agree to be bound by the terms in this Agreement. If you have any questions or concerns regarding any of the terms above, please contact me at ashleykalbuseducation (at) gmail.com.
0.0 Digital Courses, Online Shop, Website Templates, and Other Digital Items Available for Sale.
Upon purchase, Company agrees to provide you with access to the Online Course(s) (Program) you enrolled into. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference. These digital courses may include Senior Photography Education. You are also bound to the following terms upon purchase of all other products from Ashley Kalbus.
0.1 Sharing Wins
As you move through the course, sharing wins is common. And you agree that I am allowed to screenshot wins and pull quotes from your wins (which may or may not also include your name) inside of the members-only Facebook group to use publicly for marketing, advertising, and other related uses. From that usage, you hold me harmless and in no event will I be liable for any consequential, indirect, special, incidental, or punitive damages.
1.0 Scope of Services
Subject to the terms and conditions of this Agreement, I provide the following services to clients (A) online teaching courses, (B) webinars, (C) downloadable products, and (C) other general information and resources related to starting and growing a successful business. These products and services are collectively referred to in this Agreement as the “Services.” We may add and subtract the products and services we offer in the future, and any additional products or services we offer will be subject to the terms and conditions in this Agreement.
1.1 Defining Lifetime Access
Any and all online programs or materials that are defined as "lifetime access" are not guaranteed to be available in perpetuity. Lifetime access is hereby defined as "as long as the program or material exists online and is actively being marketed." Should any given "lifetime access" program and/or support group close down for any reason, the access to that particular program and/or support group shall no longer be made available for access. Furthermore, you hereby release Ashley Kalbus from any liability or claims in relation to the term of lifetime access.
2.0 Fees & Refunds
MEMBERSHIP: Fees are billed indefinitely until you cancel or the membership itself is terminated; whichever comes sooner. The membership fees are paid in equal installments in either monthly, quarterly, or yearly dues - the choice is yours at time of checkout. There are no refunds.
Monthly membership dues may be canceled at any time, and your access to the course content and the mastermind community will be revoked at that time. No refunds of any kind will be given for any reason whatsoever. All sales are final.
If a member wishes to cancel the membership, they may do so at any time at their own will. Refunds will not be pro-rated for time unused.
STANDALONE ONLINE COURSES: You may choose between a single payment (due immediately) or monthly payments. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following month payments on a monthly basis, until your total amount due is met. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program. No refunds are given for any reason.
2.1 Payment Plan Authorization
If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card (or other payment method) automatically according to the terms set forth in the Fees section above.
2.2 Refund Policy
There are no refunds of any kind for anything sold by Ashley Kalbus for any reason whatsoever.
3.0 Internet & Communication
Both parties agree that video and phone call sessions may be subject to limitations, delays, outages, and other problems that are inherent in the use of the internet and other electronic communications. I am not responsible for delays, failures, or other damages that result from such problems. In the event that you are not able to access any of the Services, I will contact you directly and attempt to deliver the Services directly to you via e-mail or other electronic format.
While making use of the Services under this Agreement, you will have access to information related to my experience and proprietary intellectual property that is not generally known to the public and that I treat as confidential, whether or not in written form. “Confidential Information” means all confidential or proprietary information disclosed orally or in writing by me to you that is identified as confidential at the time of disclosure or whose confidential nature is reasonably apparent. You agree that you will not, directly or indirectly, disclose, furnish, or otherwise make available any Confidential Information to any other person or entity or use any Confidential Information for any purpose other than growing your business. Specifically, you agree not to use Confidential Information to create, manage, operate, or control any photography coaching and consulting business which performs services materially similar to or competitive to those provided by me under this Agreement. You understand that these restrictions on use of Confidential Information will survive termination of this Agreement, and that you are obligated to keep Confidential Information confidential for as long as it is not in the public domain.
While making use of the Services under this Agreement, you will have access to information related to my experience and proprietary intellectual property that is not generally known to the public and that I treat as confidential, whether or not in written form. “Confidential Information” means all confidential or proprietary information disclosed orally or in writing by me to you that is identified as confidential at the time of disclosure or whose confidential nature is reasonably apparent. You agree that you will not, directly or indirectly, disclose, furnish, or otherwise make available any Confidential Information to any other person or entity or use any Confidential Information for any purpose other than growing your business. Specifically, you agree not to use Confidential Information to create, manage, operate, or control any photography coaching and consulting business which performs services materially similar to or competitive to those provided by me under this Agreement. You understand that these restrictions on use of Confidential Information will survive termination of this Agreement, and that you are obligated to keep Confidential Information confidential for as long as it is not in the public domain. You also agree that if you found to be sharing the paid online programs with non-paying third parties, you will be immediately removed from the group, banned from re-entering, and fined the value of the additional user(s) who you have been sharing the program with.
5.1 Personal Information from Minors
We do not offer the Services to, or target, people under the age of 13. In compliance with the Children’s Online Privacy Protection Act, we will remove any information we receive from people we believe to be under the age of 13 from the website and cancel any corresponding accounts.
5.2 Use of User Data
I use User Data to create your account, communicate with you about the Services, offer additional products and services, bill for Services, and to the extent necessary to enforce this Agreement and to prevent imminent harm to people or property.
The website uses “cookies” to collect certain information from all users, including website visitors who do not use Services or purchase anything. A cookie is a string of data that the website sends to your computer and then uses to identify your computer when you return to the website. I use this information to better engage with users and enhance their overall experience.
5.4 Disclosure of User Data
I take reasonable steps to protect User Data against unauthorized access or release. I may share User Data (A) with third party service providers; (B) if another company acquires my company, business, or assets, with such acquiring company; and as required by law and when I believe disclosure is reasonably necessary to comply with a judicial proceeding, court order, or legal process served on me, to protect my rights and the rights of other users, or to enforce or apply this Agreement. Other than as detailed above, I will provide reasonable notice to you when your User Data might go to third parties, and you will have an opportunity to choose not to share User Data.
5.5 Reviews & Updates to Security Measures
I take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of User Data. I do internal reviews of my data collection, storage, processing practices, and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to the systems where I store User Data.
5.6 Payment Information
When you purchase Services and/or products, your payment information is processed, stored, and kept secure by a third-party credit card processing service, Stripe. Your credit card information will be stored by Stripe in their restricted-access database. However, no method of transmission over the Internet, or electronic storage is 100% secure, and I cannot guarantee its absolute security. I assume no responsibility or liability for damages resulting from Stripe’s processing, storage, or other use of your payment information or any User Data.
5.7 Security Breaches
If User Data is compromised as a result of a security breach, I will promptly notify you that your personal information may have been compromised via email, by posting a notice on the website, or as otherwise required by applicable law.
5.8 Third-Party Advertisers & Linked Sites
I may make third party applications, including add-ons to the Services, available for you to use. The information I collect when you enable a third party application is processed under this Agreement. Information collected outside of the website by a third party application provider is governed by the third party’s privacy policies. My website may contain links to and from other sites operated and maintained by third parties. I have no responsibility for linked websites, and I provide these links solely for your convenience and information.
5.9 Assignment of Rights
In the event of an assignment, sale, or other transfer of some or all of our assets, you agree I can assign, sell, license, or transfer any information that you have provided to me. However, any purchasing party is prohibited from using the User Data in a manner that is materially inconsistent with this Agreement without your prior consent.
6.0 Resale of Products & Services Prohibited
All resale of products, services, recordings, videos, text lessons, and other training material is strictly forbidden.
7.0 Restrictions on Use of Website & Program Material
You are strictly prohibited from sharing the program material with anyone for any reason. You are strictly forbidden from buying the program to simply repurpose the material and then teach the respective material to other photographers within 12 months of your graduation date.
7.1 Personal Use Only & Restriction
You may not build a business, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of my website, online courses, or other material created by me. If you are caught sharing the material with others, you will be permanently removed from the program with no warning and no refund, and legal action will be taken.
7.2 Interference with Intellectual Property or Advertising
You may not build a business, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of my website.
You may not reproduce, distribute, or modify any content provided by my website without my express consent.
You may not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to mine or aggregate data from my website.
7.5 Denial of Service Attacks
You may not take any action that may impose an unreasonable burden or load on my website or its servers and infrastructures.
8.0 Inappropriate Content
You agree not to upload, download, display, perform, transmit, or otherwise distribute on my website any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening, (b) advocates or encourages conduct that could constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. I reserve the right to terminate your distribution of any such material, and, to delete any such material from my website or online community forums. I intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws. If you post this type of content, you will be permanently removed from the course & any attached online community forums, if applicable, and no refund will be given.
9.0 Unacceptable Conduct & Removal From the Program Material and Support.
You are prohibited from violating or attempting to violate any security features of my website, online community forums, or any other program related area both in-person or online including, without limitation:
9.1 Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
9.2 Attempting to probe, scan, or test the vulnerability of my website, or any associated system or network, or to breach security or authentication measures without proper authorization;
9.3 Interfering or attempting to interfere with the Services to any user, host, or network, including, without limitation, by means of submitting a virus to my website, overloading, flooding, spamming, mail bombing, or crashing my website;
9.4 Using my website and/or domains to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
9.5 Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using my website; or
9.6 Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to any form any of the source code used by me to provide and maintain my website and/or courses.
9.7 Poor attitude in any online community forum that is distracting, disruptive, or difficult to work with - as determined solely by Ashley Kalbus. This includes being combative, bringing down the positive energy of the online community, and otherwise being consistently negative.
9.7.1 THREE STRIKE RULE. Should this attitude be persistent, you will be on the THREE STRIKE RULE.
- STRIKE 1: A written warning. No changes in your access to anything. Simply a warning.
- STRIKE 2: A final written warning to discuss the same behavior.
- STRIKE 3: Removal from the support community/group and the live coaching calls. This is applicable for both current members of the program (prior to graduation date) as well as those who are in the extension of the support. Should you receive the 3rd (third) and final strike and be combative with your response, there will be no further communication, and any further communication will be treated as harassment. You will be removed and receive no refund.
9.8 Sharing usernames and/or passwords with third parties.
9.9 Disclosing program content information to third parties other than in discussion with program participants.
9.10 Impairing the participation of program and/or group participants or the instructor(s).
9.11 Posting any hate speech of any kind, not limited to posts of any violent nature, threats, sexism, racism, bigotry, sexual harassment, or any other post content that is not beneficial to a positive & safe group community and culture.
9.12 Slander, libel, or defamation of any kind towards Ashley Kalbus, Ashley Kalbus Coaching, its assigns, heirs, moderators, or students.
9.13 Post-graduation support, stagnation & removal out of care. After your formal graduation date, you have the option of extending your support with a membership option. Should you be in that extension of membership but not make forward progress due to lack of implementation of advice, it is at the sole discretion of Ashley Kalbus, Ashley Kalbus Coaching or heirs to remove the member and cancel any payments towards support. Should the member have pre-paid for a longer duration of support that has not been fully received, Ashley Kalbus or heirs shall give a pro-rated refund of the time of support not received. This is purely out of the morality and ethics of Ashley Kalbus. Should the removed member want back in for support in the future, they may apply for support in the future and be re-admitted on a case-by-case basis.
Any violation of system or network security may subject you to civil liability, criminal liability, or both.
If you act with any unacceptable conduct, you will also be permanently removed from the online program(s) and any community groups and no refund will be given. The assessment of your conduct is in the sole discretion of Ashley Kalbus.
10. Ownership of Intellectual property; Limited License to Use
I exclusively own all right, title, and interest to, including, without limitation, trademarks, patents, copyrights, and other proprietary rights, in and to all tangible or intangible properties (including, without limitation, concepts, ideas, designs, methodologies, techniques, software, technology, text, artwork, and other information included on my website or in my coaching materials) that I disclose to you in performing the Services under this Agreement.
Nothing in this limited license is intended to provide you with any ownership or rights to the intellectual property other than as expressly detailed in the previous sentence. Further, you have no right to use my trademarks without my express written consent.
If you post or upload any content to my website (“User Content”), to the member-only Facebook groups, to my email address, or participate in any video recordings, you acknowledge and agree that you are granting Ashley Kalbus a worldwide, royalty-fee, perpetual, irrevocable, sub-licensable, non-exclusive right to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute in any manner and any media. You represent and warrant that you own such content or have sufficient rights in the content to grant to Ashley Kalbus the license detailed above without infringing or violating any third party rights. Further, you acknowledge and agree that Ashley Kalbus may retain any and all revenue generated from any sales, licenses, assignments, and other transfers of the rights assigned by you under this license.
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
11. Access to Website
My website is only for use by users who are over the age of 13 and reside in the United States, its territories and possessions (the “U.S.”) or users that are outside the U.S. that consent to use my website according to U.S. laws and under the terms of this Agreement. By using the Website, you acknowledge that you meet these eligibility and residency requirements.
12. Waiver & Indemnification
You agree that you retain responsibility for the implementation of any advice and techniques found within the online course and/or online community forum(s). You agree that I am not liable for any damages arising from your implementation of my advice or the failure to pursue alternative options. You agree to defend and indemnify me from all claims relating to the implementation of my advice.
Nothing contained in this Agreement will be construed as a warranty or guarantee that the information I present to you through my website or online courses will achieve any specific results, or that any particular advice or services will result in any commercial value or gain for you. I will do what I can to ensure the information on my website and in my online courses is accurate, but I cannot guarantee that the information is without error or inaccuracy. You agree that I am not responsible for any errors or inaccuracies in the information I present to you, and I will not be liable for your reliance of such information.
The content on my website and the Services are provided “as is” and as available, and I disclaim all warranties, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights, to the fullest extent permitted by applicable law. Without limiting the general nature of the previous sentence, (a) I have no obligation to indemnify or defend you against claims related to infringement of intellectual property rights; (b) although I do my best to keep the my website up and running, I do not warrant that my website will perform without error or immaterial interruption; (c) although I do my best to keep my website free of any viruses or other harmful components, I cannot make any guarantees, thus I do not warrant that my website will be free of viruses or other harmful components.
13.1 For Educational & Informational Purposes Only
All information as part of the course, downloadable info products, etc. are purely meant for educational and informational purposes only. The information, opinions, and advice are meant as a self-help tool only, for your own use. There are no guarantees of any particular result.
13.2 Personal Responsibility
You agree that you are participating with Ashley Kalbus voluntarily and that you are solely responsible for your actions and results from the information you learn, both now and in the future. You agree to use your own judgement and perform your own due diligence before acting on any piece of advice or opinion either by Ashley Kalbus/Ashley Kalbus Coaching, support staff, affiliates, guest speakers/hosts, or community members. You acknowledge that you are to use your own judgement to do your own independent research after learning the information here prior to your implementation.
By participating in any online courses, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.
13.3 No Guarantees
It is my goal to provide you with the best knowledge, advice, and recommendations so that you can grow and expand your business. I want you to hit your goals. You agree that I cannot predict nor guarantee any particular result. All results are independent and may greatly differ between one person and another. There are no guaranteed results - either written or implied.
All testimonials/reviews present are of real people I have coached who have experienced real results. Their personal results are not guaranteed for you, as every person is different. The testimonials are meant as an illustrative example over what is possible. If you share wins in any of the student groups, emails, or anywhere else online, those wins may be screenshotted and used for marketing purposes of Ashley Kalbus Coaching.
Some links, blog posts, products, people, companies, etc that I may speak of may be affiliates, partners, or other entities of which align with my brand. There may be some products or services that I recommend that I receive commission from, but I only promote other products and services that I truly respect and truly believe in. My personal results from these products & services may not give you the same result, therefore I cannot guarantee those respective results. You assume all risks and that I am not liable for any product or service that I may promote, market, advertise, sell, or share through my Website or any other medium.
13.6 Materials Provided by You During the Program
The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward. This also includes taking screenshots of the real wins you are sharing within any communities, inside of emails, or any other written format. At the sole discretion of Ashley Kalbus, these may be used as reviews, case studies and testimonials for marketing material in webinars, printed material, presentations, advertisements, and other forms of marketing and advertising. You agree to hold Company harmless for any and all liability, and agree to provide a full release for this information to be shared publicly.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
14. Limitation of Liability
You agree that in no event will my liability arising out of or related to this Agreement exceed the amount you paid us for the services, products, digital courses, digital info products, challenges, website templates, email templates, or any other purchase you made via Ashley Kalbus. In no event will Company be liable for any consequential, indirect, special, incidental, or punitive damages. Further, Ashley Kalbus nor Ashley Kalbus Coaching is not liable or otherwise responsible for any damages resulting from your reliance on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any third party whose advertising appears on my website or is referred by my website.
If applicable law limits the application of any part of this section, my liability will be limited to the maximum extent permissible.
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
15. Nature of Information
The information I provide to you is for educational purposes, and is intended to be used as a resource by you. The information on my website and in my online courses is not intended to provide you with legal or financial advice related to your business, and should not be considered a substitute for seeking professional legal or financial advice for your business. You acknowledge that the information I provide you is not legal or financial advice.
16. Your Responsibility to Use Information at Your Discretion
You agree that you are using your own judgment in using my website, course material, and any respective online community forum(s) and are doing so at your own risk. You agree and understand that you assume all risks and I do not guarantee any results in any way related to the information on my website or the Services. I am providing information to you merely to provide you with resources to help you make decisions for yourself. You are solely responsible for your actions, decisions, and results based on the use, misuse, or non-use of the information I provide to you through my website or the Services.
17. Choice of Law Jurisdiction, Arbitration, and Dispute Resolution
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program.
This Agreement will be governed solely by the laws of the State of Wisconsin, without reference to any principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts in Waushara County, Wisconsin. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
19. Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination
Your rights under this Agreement may not be assigned or transferred without our express written consent. The username and password you create in connection with the Services is unique to you, and you agree not to share, disclose, or otherwise make available your username and password to others. If you do share your username and password with others, you will be immediately removed from the program(s), community group(s), given no refund, and fined the amount of the program(s) multiplied by the amount of user(s) you shared the program(s) with.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (A) the provision will be interpreted or reformed to the extent reasonably required to render the provision enforceable and consistent with the original intent underlying the provision; (B) the provision will remain in effect to the extent that it is not unenforceable; and (C) the unenforceability of the provision will not affect any other portion of this Agreement.
We may amend this Agreement from time to time, and we will provide notice to you of the changes by email and/or the online community forum(s), by posting the updated terms to the website, or as otherwise required by law.
23. No Waiver
The failure by either party to enforce any of the provisions of this Agreement, or to exercise any option provided in this Agreement, will in no way be construed as a waiver of the provisions or options.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
24. Entire Agreement
25. Effective Date
This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program, digital course(s), purchases any product(s) whether digital or physical, or any other purchase(s) made from Ashley Kalbus.
Last Updated: November 9, 2023