Terms And Conditions
Terms & Conditions
(Last Updated: 4/14/20)
KellyCounseling And Coaching and Alison Kelly, LPC (Healthy Makeovers. LLC ) Terms and Conditions
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF THIS SITE.
By using this site, you are deemed to have agreed to these terms. We reserve the right to modify them at any time. You should check these terms periodically for changes. By using this site after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms of use, please STOP NOW and you are directed not to use this site.
Scope of Terms
These terms apply to your use of www.kellycounselingandcoaching.com or other sites that we may own or operate in the future (“Site”). Please note: This Site is intended for use in the United States of America only.
This following information outlined here is for Kelly Counseling And Coaching and all materials, services and products offered by this site or by Alison Kelly, LPC. including: information, forms, services, products, workshops. This also includes Therapeutic Counseling, and Professional Coaching (for non-therapy clients) under the name of Alison Kelly, LPC, as well as Workshops and Speaking. It is important to note that this applies to this specific website, all supervision, consulting and coaching programs, and any products and services provided or sold by Alison Kelly, LPC. This disclaimer does not apply to any other business entity outside of Kelly Counseling And Coaching and Alison Kelly, LPC.
You agree that by choosing to enter and engage on Kelly Counseling And Coaching website, or if you choose to purchase any products or materials or services that would include: webinars, workshops, events, e-books, e-workshops, e-courses, e-products, audio or video products, or any other product or services offered through Kelly Counseling And Coaching and Alison Kelly, LPC., or if you decide to use information from or engage with Kelly Counseling And Coaching and Alison Kelly, LPC.. via social media platforms, our blog, contact through email, or engage with or purchase any other form of program, product or service provided by or related to The Kelly Counseling And Coaching and Alison Kelly, LPC., that you are agreeing to accept all parts of this Disclaimer. If at any time you choose not to accept these terms of use, please STOP NOW and you are directed not to use this site.
Purpose
The purpose for Kelly Counseling And Coaching website, blog, services, products, e-products, webinars, and social media platforms is for informational purposes only. All information contained on and within this website, as well as every service, product or program that is offered, is solely for educational and informational purposes only. This information is made available only as general supportive information for your own use, should you decide to use this information.
Documents
Through this Site we may offer you the opportunity to download and/or purchase documents. Please note that Kelly Counseling And Coaching and Alison Kelly, LPC, Inc. retrains complete ownership of the intellectual property rights in these documents. You acknowledge that when you download a document from this Site, you are doing so at your own risk. You may only use the downloaded document for non-commercial uses. At no time are you permitted to remove any copyright or proprietary notices on the pages of a document. Kelly Counseling And Coaching and Alison Kelly, LPC makes no representation or warranty regarding the quality of these documents and assumes no responsibility for the accuracy or availability of these documents. KELLY COUNSELING AND COACHING AND ALISON KELLY, LPC EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO THE DOWNLOADING OF DOCUMENTS ON THE SITE.
Age
This Site is intended for use by people age eighteen (18) or older. By using this Site, you represent that you are over the age of eighteen (18).
Links to Third-Party Websites
We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster. We are not responsible for the views, opinions, or accuracy of facts referenced on or through our website, blog information, programs, products and services or those of any other individual or company affiliated with us in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible for the accuracy of our content.
Personal Responsibility
We aim to truthfully represent the information provided by or through the Kelly Counseling And Coaching and Alison Kelly, LPC website, blog, social media, products, services, and any other services or materials provided. You are acknowledging that you are participating voluntarily in using our website, blog, social media, programs, products and services. You agree to take sole and personal and professional responsibility for your choices, actions and any results or consequences. You acknowledge that you take full responsibility for your business, clients, patients, and your health, life, and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all decisions now and in the future.
Testimonials
It is important to note that any kind words or testimonials you read on the Kelly Counseling And Coaching and Alison Kelly, LPC website, blog, store, or anywhere else, is used for illustration only. The testimonials and kind words are unique to each client. Kind words and testimonials are not solicited and each client or colleague has approved these testimonials for our website, blog, social media, product or services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE KELLY COUNSELING AND COACHING AND ALISON KELLY, LPC OR ANY OF ITS RESPECTIVE AFFILIATES EMPLOYEES LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES — WHETHER DIRECT, SPECIAL OR CONSEQUENTIAL — THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, SERVICES, PRODUCTS OR PROGRAMS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT KELLY COUNSELING AND COACHING AND ALISON KELLY, LPC ITS EMPLOYEES OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE).
Indemnity
You agree to defend, indemnify and hold harmless KELLY COUNSELING AND COACHING AND ALISON KELLY, LPC, its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorneys' fees, that arise from your use of the Site, the Site's blog, products, programs, services, your posting, downloading or transmission of communications or material on this Site, or from your violation of applicable law.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Policy.
Governing Law
These terms will be governed by, and construed in accordance with, the laws of GEORGIA. Accordingly, the laws of GEORGIA will be used exclusively to construe, govern and enforce these terms, excluding all conflict of laws rules. Except as provided in the Injunctive Relief section, any action related to or arising out of these terms will be filed only in the GEORGIA courts, and you consent to the exclusive jurisdiction of the state and federal courts located in GEORGIA.
Injunctive Relief
In the event you breach or threaten breach of this Agreement, you acknowledge and agree that KELLY COUNSELING AND COACHING AND ALISON KELLY, LPC will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, KELLY COUNSELING AND COACHING AND ALISON KELLY, LPC may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether KELLY COUNSELING AND COACHING AND ALISON KELLY, LPC will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding KELLY COUNSELING AND COACHING AND ALISON KELLY, LPC rights to relief, either in law or at equity.
Miscellaneous
If any of these terms and conditions is found unlawful, void, or for any reason unenforceable, then that provision will be considered restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and THE KELLY COUNSELING AND COACHING AND ALISON KELLY, LPC. relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to alison@kellycounselingandcoaching.com.
No Liability
KELLY COUNSELING AND COACHING AND ALISON KELLY, LPC its employees will not be held responsible or liable in any way for the information, services, documents, products or materials that you request or receive through or on our website, blog information, programs, products and services. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance website, blog information, programs, products and services or on those affiliated with us in any way; including, without limitation, lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties. We do not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization, or person engaged in rendering services, products, or educational sessions in-person, by phone/Skype or online with us, through individual and group programs, classes, workshops, events, retreats, seminars, coaching sessions, therapy sessions, and/or trainings in any location, included but not limited to, online or at any health food store, grocery store, yoga studio, fitness studio, spa, hotel, resort, private home, restaurant, company/business, clinical center, private practice office, non-profit organization, hospital, medical practice, library, school, university or outdoor setting. In the event that you use the information provided through our website, blog information, programs, products and services by us or affiliated with us, we assume no responsibility.
Release of Claims
You are agreeing to release us for any or all claims for the information, products or materials that you request or receive through on our website, blog information, programs, products and services. In no event will we be liable to any party for any direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on this website, blog information, programs, products and services, or on those affiliated with us in any way; including, without limitation, for accidents, delays, injuries, harm, loss, damage, or death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties in advance.
Implicit Agreement. By using our website, blog information, programs, products and services you implicitly signify your agreement to all parts of the above Disclaimer.
E-course Terms of Use Agreement and Liability Disclaimer
E-course Terms of Use Agreement and Liability Disclaimer
This E-course and its videos, documents and other associated content (hereinafter inclusively referred to as “E-course”) has been produced by Alison Kelly, LPC. When you purchase our E-course, you agree to this Terms of Use and Liability Waiver.
All sales are final for online E-courses. No refunds are issued for online courses once a sale is completed. The supplies and props used for any exercises instructed are not included in the purchasing price of the E-course.
The information in our E-course is for educational purposes only and is not intended to provide a medical diagnosis or substitute for medical advice. The information in our E-course is intended for psychoeducational purposes. However, we make no representations, guarantees or warranties that the information or exercises in our E-course is appropriate for you or will result in improvement of your well-being. The information in our E-course is by no means complete or exhaustive and therefore does not apply to all conditions, disorders and health-related issues. The information and instruction in this E-course is not intended to be “psychotherapy” or medical advice, especially since we have not personally examined you and prescribed exercises specific to your individual condition. Any use of the terms “anxiety” or “depression” in the E-course is referring to the precision with which the exercise should be done and is not intended to mean the exercises are being prescribed specifically for you or your condition(s). Any reference to or mention of any particular diagnoses or dysfunctions is intended for informational purposes only and not an attempt to diagnose your particular problems.
Our E-course may contain references or links to materials from third-parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
When you complete the purchase process, you will receive a password that will allow you to access our Content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security.
THE CONTENT PROVIDED IN OUR E-COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ALISON KELLY, LPC, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. ALISON KELLY, LPC, CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT. ALISON KELLY, LPC,. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
IN NO EVENT WILL ALISON KELLY, LPC, OR HER CORPORATIONS, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS VIDEO WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KIMBERLEY BELL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE VIDEO(S) WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
This Terms of Service Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of Georgia without giving effect to the principles of conflict of laws. Any cause of action by you with respect to our Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
If you have any questions about these Terms & Conditions, please contact us at alison@kellycounselingandcoaching.com.
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