WEBSITE TERMS OF USE
Effective date: July, 2022
Unstoppable Entrepreneur, LLC d/b/a Kelly Roach Coaching WELCOMES YOU TO The Unstoppable Entrepreneurs Program (the “Program”) MEMBERSHIP SITE https://kelly-roach-coaching.mykajabi.com/products/ue-pro
WE REQUIRE THAT YOU READ AND AGREE TO THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A NON-EXCLUISVE, REVOCABLE LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE. BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED WITH THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
USE OF SITE
This website is provided solely for the use of current customers of Unstoppable Entrepreneur, LLC d/b/a Kelly Roach Coaching (the “Company”) to provide you with membership educational trainings via video, recording, documents, and any other media deemed appropriate by the Company. Any use of this site for any other purposes STRICTLY IS PROHIBITED. By way of example only, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate:
You understand and agree that use of the site is limited to use by you as a paying client of the Company and that you, directly or indirectly, shall not grant access, use, or your log-in information to any third parties.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including, without limitation, all images, designs, photographs, writings, graphs, data, videos, recordings, and other materials (collectively, the “Materials”) are the sole and exclusive property of the Company and are protected by all applicable copyrights, trademarks, trade names, service marks, trade secrets, or other proprietary rights available to the Company (collectively, the “Intellectual Property”). Permission is granted to display, copy, download, and print portions of this site solely for the purposes of your using this site for the authorized uses described above. You must retain all proprietary notices on all copies of the Materials, including, without limitation, all Intellectual Property. You shall comply with all laws worldwide, including, without limitation, any and all laws, regulations and treaties pertaining to any and all of the Intellectual Property in your use of this website and prevent unauthorized copying of any of the Materials. You acknowledge and agree that all membership information and the Materials are proprietary and that all Intellectual Property, including, without limitation, all data, manuals, programs, and methods of the Company shall remain the property of the Company and you shall not repurpose, reverse-engineer, alter, modify or distribute any Materials provided through the course of the Program to any third-party. Except as permitted in these Terms of Use, the Company does not grant you any express or implied right in or under any Intellectual Property.
DISCLAIMER OF WARRANTY
You expressly agree that use of this website is at your sole risk. Neither the Company, nor any of its parents, subsidiaries, or affiliates, nor any of their respective equity owners, officers, directors, managers, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of any of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, the Company does not warrant reliability of any statement or other information displayed or distributed through the site. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. The Company may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
You understand and agree that the Company’s services are not counseling services and that the materials contained on this site are not a substitute for professional counseling by a licensed psychotherapist or other licensed professional. You understand that the Company does not consist of any licensed psychotherapists or counselors.
You understand and agree that the Company’s services are not specific financial advice and the Company cannot guarantee any financial success or outcomes. You acknowledge that the Company is not a financial advisor and that Company does not, and shall not, provide financial advising services, including, without limitation, any services that require any licensing on a state or federal level. The Materials and services provided by the Company are not a substitute for professional financial advice.
You understand and agree that the Company’s services shall not be construed to be legal advice. The Company does not provide legal advice or legal services. The Materials and services provided by the Company are not a substitute for advice provided by a licensed attorney.
You understand that the scope of services provided by the Company only includes those services particularly described in The Unstoppable Entrepreneurs Program Client Agreement (the “Coaching Agreement”) entered into by you and the Company either prior to, or simultaneously with, your acceptance of these Terms of Use. You understand, acknowledge, and agree that the limitations listed in these Terms of Use are not meant to be a comprehensive list of all limitations and that in addition to the limitations set forth above, that the only services and Materials to be provided are those set forth in such Coaching Agreement.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS-IS, WHERE-AS” AND “WHERE AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, INTELLECTUAL PROPERTY, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, PROVIDED, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT THE COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, INTELLECTUAL PROPERTY OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL THE COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, EQUIPMENT DAMAGE, HACKING OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION OR INTELLECTUAL PROPERTY ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER THE COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE THE LAW DIFFERS FROM ONE COUNTRY TO ANOTHER AND FROM ONE STATE TO ANOTHER, THIS PARAGRAPH FUNCTIONS TO THE EXTENT PERMITTED BY THE GOVERNING LAW OF THE STATE OF FLORIDA.
INDEMNIFICATION
You agree to indemnify and defend the Company, its parents, subsidiaries, affiliates, equity owners, officers, directors, managers, members, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of the site, violation of these Terms of Use, violation of the Coaching Agreement, violation of any law or regulation or violation of any proprietary or privacy right.
ATTORNEYS’ FEES
If, at any point, a dispute between you and the Company concerning the provisions of these Terms of Use necessitates any action at law or in equity, the prevailing party shall be entitled to collect from the other party any and all costs incurred during the dispute. This includes reasonable attorneys’ fees, consultant fees, expert fees and accountant fees, and without limitation, costs and expenses of appeals.
PRIVACY POLICY
Click here to access the Company’s Privacy Policy (the “Policy”) governing the use of information that the Company obtains from you through your use of this website. By continuing to use the Company’s services, you represent and warrant that you completely understand, and will comply with, the information outlined in the Policy.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting any of its other remedies, the Company immediately may discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
HYPERLINK DISCLAIMERS
Only as a convenience to you, and for no other reason, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by the Company. The content, accuracy, opinions expressed, and other links provided by any of the Linked Sites are not investigated, verified, monitored, or endorsed by the Company. The Company does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information specifically authored and approved by the Company for such Linked Sites. Links do not imply that the Company or this site sponsors, endorses, is affiliated or associated with, or legally is authorized to use any trademark, trade name, logo, copyright symbol or other intellectual property displayed in, or accessible through, the links, or that any Linked Site is authorized to use any trademark, trade name, logo, copyright symbol or Intellectual Property of the Company or any of its subsidiaries or affiliates. Except for links to information authored by the Company, the Company neither is responsible for, nor will it be liable under, any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Site and/or transact any business on any such Linked Site, you do so at your own risk. The Company reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Site concerning any information, goods, and/or services appearing on them.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the Florida, U.S.A., without reference to its conflict-of-law provisions. Company makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Palm Beach County, Florida for any disputes arising out of your use of this site.
ENTIRE AGREEMENT
These Terms of Use constitute the entire Terms of Use agreement between the Company and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to this website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATION AND SEVERABILITY
If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion of it to be unenforceable, that provision shall be modified to the extent necessary to make such provision fully valid, legal or enforceable. If a court of competent jurisdiction chooses to not modify any such provision, but instead declares it to be wholly invalid, illegal or unenforceable, then such provision shall be severed from these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
MODIFICATIONS TO THESE TERMS OF USE
We may revise this Agreement at any time and you agree to be bound by the revised Terms of Use. Any such modifications will become effective on the date they are first posted to this site. The Company does not, and will not, assume any obligation to notify you of changes to these Terms of Use. It solely is your responsibility to review the then-current Terms of Use.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from the Company solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
NO PROMISE ON OUTCOME
While Kelly Roach Coaching will strive to assist clients with the highest and best level of services as provided in the scope of the Coaching Agreement, you understand that with any program, the Company is unable to make any promises or guarantees with respect to any outcome from participation in the Program and therefore the Company does not guarantee success or any specific level of income or results associated with the services provided. You further understand that ultimately you are responsible for your own success in business and that the program outlined in the Coaching Agreement is designed to enhance, supplement, and support you in your efforts to grow and sustain a profitable business.
CONTACT
Except as otherwise required in these Terms of Use, or under applicable law, all notices and communications which you may send to the Company should be sent to us via email to financeteam@kellyroachcoaching.com.