Kim Christiansen Financial Wellness Coach Terms of Use

Please read the Terms and Conditions of Use carefully before you start to use the Website.

The following Terms and Conditions (“Terms”) shall govern your use of the Financial Wellness Coach.ca website and the POWER Productivity Membership site (hereinafter collectively referred to as “Website”), owned by Kim Christiansen, who is carrying on business as Kim Christiansen Coaching
(“KCC”, “we”, “our”), a Canada-based business.

We are committed to protecting your privacy and security. These Terms, along with the Privacy Policy, governs your access to and use of the Website, including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

By using the Website, or by clicking to accept or agree to the Terms and Conditions of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions of Use and our Privacy Policy, all of which are incorporated herein by reference.

If you do not want to agree to these Terms, including the agreements incorporated by reference herein, you must not access or use the Website.

This Website is designed to provide information on the topic of self-development. Such information may include data, articles, services, programs, opinions, images and photographs, audio/video recordings, software, copy, illustrations, and teachings (collectively, “Content”).

These Terms are intended to govern your use of this Website, and your continued use of this Website constitutes your acknowledgment of having read the Terms and your agreement to be bound by the
Terms.

If you do not agree to be bound by these Terms you are not permitted to use this website.

Headings

The headings used in this Terms of Service are purely for your convenience and carry with them no legal or contractual effect.

Jurisdiction

These Terms have been made in and shall be construed and enforced in accordance with the laws of British Columbia, Canada.

Any action to enforce this agreement shall be brought in the federal or provincial courts located in the City of Kamloops. If any provision is deemed to be unlawful or unenforceable, it shall not

affect the validity and enforceability of any of the remaining provisions. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred. Any failure of KCC to enforce or exercise any provision of this agreement or any related rights shall not constitute a waiver of those rights or provisions. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.

KCC makes no representation that the Content provided on the Website shall pertain to countries outside of Canada. It is your responsibility to comply with the laws of your
jurisdiction. The Service is controlled, operated and administered by KCC from our offices within Canada. If you access the Service from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use KCC’s Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. This Website is designed to give you an engaging and informative experience via its Content. We are committed to protecting your rights as a user of this website, as well as the rights of KCC.

Security of the Website

You agree not to violate or attempt to violate the security of this Website. You are prohibited from accessing all data and systems belonging to KCC’s digital network, security measures, hosts and servers. Any unauthorized use or access by you shall be subject to civil or criminal investigation.

Limitations of Use

This Website is offered and available to users who are 19 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with KCC and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Much of the Content that appears on this Website can be accessed for free. In exchange for this free access you agree that you will not remove, or allow a third party to remove, modify, or copy any part of the Content for your personal or business use or that of another person’s personal or business use.

For Educational & Informational Purposes Only

The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website is general in nature and should not be considered to be legal, tax, accounting or any other professional advice. In all cases you should consult with professional advisors familiar with your particular factual situation for advice before making any decision(s).

We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither KCC nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Website, you accept personal responsibility for the results of your actions. 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 on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

No Professional-Client Relationship

Your use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on this Website – does not create a professional-client relationship between you and KCC or any of its professionals.

If you are a member of KCC, you have access to personal coaching services and you will be able to interact with a Coach (the “Services”). A Coach will assist his/her users in developing skills to help them achieve the physical, mental, and financial related goals. KCC may, in its sole discretion, engage or replace any Coach with another without notice to the member.

KCC cannot accept you as a member unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship solely by your use of this Website.

You are urged and advised to seek the advice of a professional with any questions you may have regarding your physical and financial health before beginning any regimen, physical activities or any other plans that may be referenced, discussed or offered on the Website. If you are being treated for an illness, taking prescription medication or following a therapeutic diet to treat a disease, it is especially urged to consult with your physician before using the Services. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention. You further agree that, before using the Services you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the Services that is inconsistent with the medical advice from your physician, you should follow the advice of your physician.

The Services are not medical, mental health or any other type of health service. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. The Services cannot substitute for, and is not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis, treatment and advice regarding medical or mental conditions or illnesses from physicians practicing medicine, psychotherapists, psychologists and other licensed healthcare and mental health professionals. The Website and Services are designed to provide individuals with education, information and personal support from peers and coaches regarding your success-related issues and goals. Under no circumstances will any interactions with any Coach or any User of the Services be deemed or
construed to create a physician-patient relationship or a fiduciary duty of any kind whatsoever.

If KCC becomes aware of or suspects any medical or mental conditions or illness, KCC may, at its sole discretion, terminate all or any portion of the Services.

Notice of Copyright, Trademark, Patent, Trade Secrets

All Content is the intellectual property of KCC and/or its affiliated companies and licensors and is therefore protected by copyright, trademark, patent, trade secrets and/or other intellectual property or proprietary laws. Any use, republication, removal, alteration, modification, or copying of the Content, is strictly prohibited. This means you may not republish or redistribute any part of the Content, whether in written or digital format, without the prior express consent of KCC. Distribution of any of the Content to others, whether you paid for the Content or not, is strictly prohibited without prior consent. To obtain such consent please contact KCC by referring to the section titled “Contact Information,” below.

KCC reserves all of its rights in the Content and in this Website. Nothing in these Terms grants you a right or license to use any trademark, design right, or copyright owned or controlled by KCC or any other third party except as expressly provided in these Terms.

No Unlawful or Prohibited Use & Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.

As a condition of your use of the Website, you warrant to KCC that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of KCC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

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 on the Website or any of the resources available for download from the Website.

KCC content is not for resale. Your use of the Website or any of the resources available for download from the Website 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 KCC 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 KCC or our licensors except as expressly authorized by these Terms.

KCC, the KCC logo, the KCC slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of KCC or its affiliates or licensors. You must not use such marks without the prior written permission of KCC. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Guests

KCC may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. KCC does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

Individuals who agree to appear as guests on any podcast offered by KCC agree to transfer all intellectual property rights they may have in any such interviews to KCC and further provide a license to any rights they are unable to assign.

Reviews

At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to KCC for free or at a reduced price as an incentive to provide a review.

Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this Website.

We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to members@financialwellnesscoach.ca that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.

From time to time, KCC will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement
that the information provided by the other party is accurate. KCC provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.

Information Submitted to This Website By You

The information provided to us by you shall be used in accordance with this Website’s Privacy Policy. You hereby warrant that you are the rightful owner of any and all information you submit to KCC via this Website, and you further warrant that you have complete authority to submit said information. Furthermore, you hereby grant KCC a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to KCC via this Website.

As a member, you may be invited to join and participate in group discussions with other members, as well as a coach, who may be an employee or a contractor of KCC. You agree to abide by our community standards and conduct guidelines at all times. You acknowledge that all User Content are the sole responsibility of the person who made such User Content. This means that you are entirely responsible for all User Content that you post, email or otherwise transmit to the Website, the Mobile and the Services. We no not control the User Content posted, emailed or otherwise transmitted on our Services by others and, as such, we do not guarantee the accuracy, integrity or quality of such User Content. Although we have adopted community standards and conduct guidelines for the users of the Services, you understand that by using the Services, you may be exposed to User Content that are offensive or objectionable. You further acknowledge that by providing you with the ability to distribute User Content in the discussion forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any User Content or activity in any Public Forum, nor do we endorse any such User Content or activity. Although we reserve the right to monitor some, all, or no areas of the Member Services (including any discussion forum) for adherence to the community standards and conduct guidelines set forth above and to remove, without notice, any User Content for any reason, we have not obligation to review Content prior to the Content’s posting or to delete User Content that you may find objectionable or offensive. KCC disclaims any perceived, implied or actual duty to monitor Public Forums and specifically disclaims any responsibility or liability for information provided thereon.
In order to join a group discussion or access similar services that provide Public Forums or interactions with other members, you may be required to create public
profiles, which may contain certain identifying information (such as age, profile photos, location, etc). In addition, members may have the option to post messages and other information on their public profiles. KCC relies on its members to provide current and accurate information, and KCC does not, and cannot, investigate information contained in member public profiles.

Accordingly, we must assume that information contained in each member public profile is current and accurate. KCC does not represent, warrant, or guarantee the currency or accuracy of public profile information, and hereby disclaims all responsibility and liability for any information provided by members by means of public profiles or otherwise in connection with their use of the services.

You represent and warrant that, when using the Services, you will obey the law and respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, display, perform or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights, or rights or publicity or privacy, in violation of any applicable law or regulation. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE SERVICES. YOU BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.

We are not responsible for maintaining a copy of any material we remove from our Services, and we are not liable for any loss you incur in the event that Content you post or transmit to our Services is removed.

Use of Public Forum

Public Forum is any area, site or feature offered as part of the Services (including, but not. limited to, chat, message board, blog, groups, emails or instant messaging features) that enables you (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) communicate, share, or exchange User Content with other public and not private communications. You are, and shall remain, solely responsible for the User Content that you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same. You agree to use the Public Forum only to post, send and receive messages and material that are proper and related to the particular Public Forum.

By way of example, and not as a limitation, you agree that when using a Public Forum, you will not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  • upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • advertise or offer to sell or buy any goods or services for any business purpose, unless such Public Forum specifically allows such messages;
  • conduct or forward surveys, contests, pyramid schemes or chain letters;
  • download any file posted by another user of a Public Forum that you know, or reasonably should know, cannot be legally distributed in such manner;
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained
    in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Public Forum;
  • violate any code of conduct or other guidelines which may be applicable for any particular Public Forum;
  • harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
  • violate any applicable laws or regulations.

KCC has no obligation to monitor the Public Forum. However, KCC reserves the right to review materials posted to a Public Forum and to remove any materials in its sole
discretion. KCC reserves the right to terminate your access to any or all of the Public Forum at any time without notice for any reason whatsoever.

KCC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in part, in KCC’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Public Forum. KCC does not control or endorse the content, messages or information found in any Public Forum and, therefore, KCC specifically disclaims any liability with regard to the Public Forum and any actions resulting from your participation in any Public Forum. Managers and hosts are not authorized KCC’s spokespersons, and their views do not necessarily reflect those of KCC.

Materials uploaded to a Public Forum may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Email & Other Electronic Communication

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to KCC. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

If you later decide that you do not want to receive future communications electronically, please send an email to members@financialwellnesscoach.ca. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above.Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to, and electronically signed by, you prior to the effective date of your withdrawal. If you withdraw your consent to receive communications electronically, we may terminate your account and/or access to the Service (or any part thereof).

Membership

Subject to your continued compliance with the Terms and Conditions, including without limitation the timely payment of all applicable fees, we grant you a non-exclusive, non- transferable, non-sublicensable, fully revocable, limited license to access and use our Services (whether through the Website or by downloading and installing a Mobile App, including any updates and bug fixes). Your use is limited for your personal, non-commercial use only.

Our services may consist of a free, limited version of the POWER Productivity Membership (“Introductory Offer”) and premium products with differing functionality based on the Membership level (“Full Membership”). Full Membership typically requires a fee, which is paid by the user. You do not have to subscribe to Full Membership to use some of the Services; however, if you are not a Full Membership Member, you may be precluded from using certain portions, components, content, features, or resources of our Services. We reserve the right to eliminate or modify any or all of the functionality of the Introductory Offer at any time without any prior notice to you.

Regardless of the type of service, you are responsible for all charges and fees associated with connecting to and using the Website and/or Mobile App, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Website and/or Mobile App.

User Account and Security

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You may not use the account or user name of any other member at any time. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that
you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You are also entirely responsible for any and all activities which occur under your user account. We will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge. You may also be held liable for any losses incurred by KCC, its affiliates, employees, consultants, agents and representatives due to someone else’s use of your account.

You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Community Standards and Conduct Guidelines

You agree that you will not (and/or will not use the Website, the Mobile App and/or any part of our Services to):

  1. Upload, post, email or otherwise transmit any User Content or other materials that:
    1. Are unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious,
      defamatory, vulgar, libelous, slanderous, discriminatory, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
    2. Contain adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity or graphic violence;
    3.  Incite or encourage criminal or terrorist activities or physical harm against another;
    4. Exploit political agendas or “hot button” issues for commercial use; or that contain hate speech based upon race, sex, national origin, religious affiliation, marital status, sexual orientation, gender identify, or language of an individual or group;
    5. Are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    6. Infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party or that are deceptive, misleading or fraudulent or that may otherwise be unlawful or give rise to civil or criminal liability;
    7. Are unauthorized advertising, promotional materials, “junk mail”, “spam”, “phyishing”, “chain letters”, “pyramid schemes”, or any other form of solicitation, opinions or notices, commercial or otherwise;
    8. Contain software viruses, spyware, adware, worms, or any other computer malware or malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  2. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
  3. Advertise or otherwise solicit funds or constitute a solicitation for goods or services;
  4. Impersonate any person or entity, including, but not limited to any user of the Services, a director, officer, employee, stakeholder, agent, or representative of KCC, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with KCC or any other person or entity;
  5. Provide false, misleading or inaccurate information to KCC or any other member;
  6. Create more than one unique public profile or register for more than one account except as specifically permitted in these Terms and Services, create an account on behalf of someone else, or create a false or misleading identity on the Services;
  7. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or other materials transmitted to or through the Services;
  8. Attempt to probe, scan or test the vulnerability of the Services or any associated system or network, or breach security or authentication measures without proper authorization.
  9. Use or affect the Services in any manner that could damage, disable, overburden or impair the Services or its functionality, or disrupt the normal flow of dialogue (including, without limitation, “flooding”, “mail bombing”, or “crashing”), or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Services;
  10. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  11. Intentionally or unintentionally violate any applicable local, provincial, national, or international law, including, but not limited to, any regulations having the force of law;
  12. “Stalk” or otherwise harass another user or employee of the Services;
  13. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Services, including usernames or passwords;
  14. Access or attempt to access another user’s account without his or her consent;
  15. Reverse engineer, disassemble or decompile the Mobile App or any portion of the Services, or attempt to discover or recreate the source code for the Mobile App or any portion of the Services; or
  16. Assign, transfer or sublicense your rights as a registered user of the Services.

Your privilege to use the Services (including your ability to contribute to discussion on the Public Forum or communicate with coaches and/or other users in a group) depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these Terms and Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Public Forum or the Services. Any violation of this section may subject you to civil and/or criminal liability.

YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY PUBLIC FORUM) THAT IS DEEMED DEFAMATORY O OTHERWISE LEGALLY ACTIONABLE. KCC IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES.

Agreement to Pay

If you are a member you further agree as follows:

  1. Membership. If you are a Member you will be responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods or
    recurring monthly fees) you selected at the time of Membership. Applicable taxes, and other charges and fees incurred in order to access the Membership may also apply.
  2. Payment is processed on the last day of the calendar month. On the first day of the calendar month, after payment has been successfully processed, you will receive your log- in information via email, which grants you access to the POWER Productivity Membership site.
  3. Auto-Renewal. Your Full Membership will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then- current non-promotional Membership rate. Until you cancel, we will charge your payment method at the beginning of your Membership. Your non-cancellation of the Full Membership or continued use of the paid Membership features of the Full Membership will reaffirm that we are authorized to charge you. If your credit account has been closed or your payment method is otherwise invalid, your Membership may not renew and your Membership will be automatically downgraded or terminated as of the end of your current billing cycle. The renewal charge will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. If you were eligible for a promotional rate but are no longer eligible for that rate, then your Membership will be offered for renewal at our then-current non-promotional Membership rates at the start of the renewal period. If you wish to renew and we are currently offering promotional rates at such time, you must renew your Membership prior to the termination of your current plan. If you fail to renew your Full Membership before its scheduled expiration date, then the then-current non-promotional Membership rate will apply.
  4. Modifications. We reserve the right to revise the terms of the fee charge, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website and/or Mobile App or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Any changes made will apply to all memberships created or renewed after the date such change was implemented.

Termination of Use

In the event of termination of these Terms for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, any license(s) you may have granted to KCC, and all other provisions for which survival is equitable or appropriate. KCC may assign its rights and duties under these Terms to any party at any time without notice to you.

Cancellation of Membership

KCC’s products and services are offered on an ongoing basis with a monthly Membership. Users may cancel Memberships at any time by emailing members@financialwellnesscoach.ca. We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.

If cancelled, your Membership shall continue until the end of the existing monthly Membership period and shall terminate at the completion of that period and you shall not receive any refund. You shall not be charged after the cancellation takes effect

Testimonials

At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or by KCC. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.

Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not
necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by KCC.

Earnings Disclaimer

From time to time, KCC may report on the success of one of its existing or prior clients/customers. The information about this success is accurately portrayed by the Customer. You acknowledge that the prior success of others does not guarantee your success.

As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her background, dedication, desire and motivation.

The use of our information, products and services should be based on your own due diligence and you agree that KCC is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or
advertised on this Website.

No Refunds

You agree that KCC has not made any guarantees about the results of taking any action, whether recommended on this Website or not. KCC provides educational and informational resources that are intended to help users of this Website 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 KCC.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of KCC or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

All sales are final, and KCC does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

No Warranties

KCC MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. KCC FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, KCC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

YOU AGREE TO ABSOLVE KCC 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 INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT KCC 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 THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KCC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

KCC 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 ON THE WEBSITE 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. KCC 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 KCC 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 WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE

WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KCC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Indemnification

You agree to indemnify, defend, and hold harmless KCC, 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 Website or 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. KCC 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 KCC in asserting any available defenses.

Entire Agreement

Unless otherwise specified herein, this agreement, along with the Privacy Policy, constitutes the entire agreement between the user and KCC with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KCC with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Modification of These Terms and Conditions

KCC has the right to change, modify, add, or delete any part of the Terms at any time, without notice. You agree to review these terms periodically and acknowledge that by continuing to use this Website you accept any changes or modifications to these Terms.

Contact Us

KCC welcomes your questions or comments regarding the use of the Website:
Kim Christiansen Coaching
Email: compliance@financialwellnesscoach.ca
Effective as of November 25th, 2019