TERMS OF USE

Updated November 15th, 2020

Please read these Terms before using this website. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by Kerri Thompson, LLC (the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Kerri Thompson, LLC, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company.

 

Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

 

3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Kerri Thompson, LLC”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify the Company at kerri@kerrithompson.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

 

4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

 

5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

 

6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

 

7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

 

8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, kerrithompson.com. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

 

9. We may terminate without notice, at our sole discretion, any membership deemed to be in breach of this agreement or otherwise found to be abusing or misusing the service, or harassing the other members or administrator in any way. 

 

10. In the unlikely event that this program should ever terminate its operations, its creator, operators, employees, assigns and successors shall not be held liable for any loss whatsoever to our members or affiliates. The material contained within our members area, and made available to all new members upon joining, shall be deemed full and just consideration for their payment.

 

11. Sites and individuals involved with the following activities are NOT ELIGIBLE: selling, providing or linking to unlicensed content, pornography, pirated software, hacking or spamming software, email address lists or harvesting software, or any materials endorsing violence, hatred, revenge, racism, victimization, or criminal activity. 

 

12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

 

13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

14. This agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Tennessee. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

 

To access or use the kerrithompson.com or kerrithompson.kartra.com website or the Service, you must be 18 years or older and have the necessary power and authority to enter into these terms and conditions. Children under the age of 18 are prohibited from using the Service.

 

Parties to the Terms of Use Agreement

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Users,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Site.”

 

Advertisers, Affiliates, and Other Third-Party Sites

Our Service may contain links to third-party web sites, products, and services that are not owned or controlled by Site. Site has no control over, and assumes no responsibility for, the content, privacy policies, practices, products, or services of any third-party websites, affiliates, or advertisers.

 

You further acknowledge and agree that Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites, products, or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites, products, or services that you visit.

 

Termination

We reserve the right to suspend or terminate access to our Service by any User at any time, for any reason without prior notice or liability, including without limitation if you breach the Terms. All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

All User data and personal information is strictly protected by our Privacy Policy (https://kerrithompson.kartra.com/page/5eO58). Under the Terms of the Privacy Policy, as a User of this Service, you herein consent to the collection and use of the information provided.

 

We reserve the right, at our sole discretion, to change or replace these Terms at any time. Users have an affirmative duty, as part of the consideration for permission to use Service, to keep themselves informed of changes.

 

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

 

Warranty Disclaimers

a.) Use of Service is at the sole risk by you. Our services, products, and software will be provided on an "as is" and/or "as available" basis. Kerri Thompson, LLC and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim any and all warranties of any kind whether expressed or implied.

b.) Any information or material downloaded or otherwise obtained by way of Kerri Thompson, LLC services or software will be accessed by your sole discretion and sole risk, and as such, you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.

c.) No advice and/or information, despite whether written or oral, that may be obtained by you from Kerri Thompson, LLC or by way of or from our services or software shall create any warranty not expressly stated in the Terms of Use Agreement.

 

"Action-Takers Only" Refund and Exchange Policy

Our goal is for you to be completely satisfied with your purchase of any of our pre-recorded training courses ("Products"). We also want you to give it your best effort to implement and put into practice the strategies you learn from us.

Since our trainings are digital products, our refund/return policy is similar to the refund/return policies for mp3 downloads, video games, and movies. So, in general, THERE ARE NO REFUNDS.

 

However, under certain conditions, we offer a 30-day “Action-Takers Only” refund period for purchases of Products based on the condition that you have gone through the entire training, took action on what was taught, and got zero results.

 

Refunds will not be issued because the customer "changed their mind" or "had unforeseen financial circumstances" or "had a family/medical emergency" or "cannot implement the program at this time" or any other reason outside of completing the training, implementing what was taught, and getting zero results.

The nature of Digital Products such as these courses are such that once the customer has consumed the information within, the information cannot be given back.  This is comparable to enrolling in college classes.  Once a student has taken the class and consumed the knowledge, they now own that knowledge.  They have the ability to benefit from it at any point in the future if they choose to implement, and thus, the transaction is complete.  If a college student decides to change his/her major, take semester off, or drop out of school for any reason, the college does NOT offer a refund for past classes taken and neither will Kerri Thompson, LLC.

 

We will, however, issue a full refund of the purchase price if the customer implements the training and gets zero results.

In order to qualify for a refund, you must submit proof (coursework to submit is described below) that you actually did the work laid out in the Product and that you got zero results. Please note, if you selected a payment option we are not able to stop any future payments without a refund request that meets the conditions at our support desk at kerri@kerrithompson.com.

 

If you meet the qualifications above and decide that your purchase was not the right decision, promptly submit your request to kerri@kerrithompson.com within 30 days of your purchase by 11:59 PM Eastern. You must also include any relevant proof that you took action on the information in the Product with your request for a refund. If your request for a refund does not include proof that you actually took action listed below by the end of the 30th day, you will NOT be granted a refund.

 

If you opted for a payment plan and you do not request a refund within 30 days along with the required documentation at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

 

You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 30th day, you will not be granted a refund.  We will NOT provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and non-transferable. You are responsible for full payment of the fees for the Product regardless of whether you complete the program.

 

All refunds are discretionary as determined by Kerri Thompson, LLC. We will not provide refunds after the 30th day from your date of purchase and all payments must be made on a timely basis.

 

All of the terms stated here also apply to any and all upsells, downsells, and one time offers during the initial checkout process of the Product you purchased.

Upon determining that you are entitled to a refund pursuant to this policy, we will promptly issue an instruction to our payment processor to issue the refund. We do not control our payment processor and will not be able to expedite any refunds.

 

Refund Policy For LIVE Online Workshops

We occasionally do LIVE online training workshops and courses. These trainings are LIVE and are often offered at a discount compared to what we normally charge for the recordings.

Because these trainings are considered special and are completed over a number of weeks, you agree that there will be NO REFUNDS after the beginning of the first session.

 

If you want a refund YOU MUST request a refund before beginning the live course. This is the only exception where we will offer you your money back.

 

Refund Policy For Private Coaching, Group Coaching, and Consultations

Any refund requests for coaching or consulting must be requested before the first coaching session begins. Any refund request requested after the first coaching session will be denied.

 

Agreement To Our Refund Policy

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and any other resources.

If you are not clear on our refund policy, or you do not agree to this refund policy you should NOT purchase this or any of our Products, trainings, coaching, or any paid service whatsoever prior to getting clarification.

Your purchase of any Products, live online workshops, coaching and consultation services, or any paid service whatsoever indicates that you agree with this refund policy in full.

 

If you have any questions or need further clarification on these terms, please let us know by contacting our support team directly. The support desk can be reached at kerri@kerrithompson.com.

 

Material Connection, Good Faith Recommendations, and Compensation

Unless otherwise expressly stated, you should assume that all references to products and services on kerrithompson.com and through all of our Services are made because material connections exist between Kerri Thompson, LLC and the vendor of the mentioned products and services (“Vendor”).

Kerri Thompson, LLC recommends products and services on kerrithompson.com and through our Services based largely on a good faith belief that the purchase of such products or services will help our Users. The representations made by Kerri Thompson, LLC about products and services reflect our honest opinion based upon the facts known to us at the time the product or service is mentioned in our Services.

 

Kerri Thompson, LLC's opinion about a product or service may be partially formed, whether knowingly or unknowingly, in part based on the fact that Kerri Thompson, LLC has been compensated or will be compensated because of our business relationships with the Vendor.

 

In some cases, Kerri Thompson, LLC and a Vendor will have a business or personal relationship that does not involve compensation related to products and services mentioned in our Services. However, the nature of the relationship could be seen as sufficient to establish a material connection between Kerri Thompson, LLC and the Vendor.

 

Because there may be a material connection between Kerri Thompson, LLC and Vendors of products or services mentioned on kerrithompson.com and in our Services, you should always assume that Kerri Thompson, LLC may be biased because of our relationship with a Vendor and/or because we have received or will receive something of value from a Vendor. Therefore, it is in your own best interest for you to perform your own due diligence before purchasing a product or service mentioned on kerrithompson.com, through our Services, or on any other website.

 

Indemnity

All users herein agree to hold Kerri Thompson, LLC, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, attorney fees made by any third party, which may arise from any content a member or User of the kerrithompson.com website or our Service may submit, post, modify, transmit, or otherwise make available through our Services, your violation of these Terms of Use, and/or your violation of any such rights of another person.

 

Limitation of Liability

User expressly acknowledges, understands, and agrees that Kerri Thompson, LLC and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data, and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:

a.) The use or inability to use our Service

b.) The cost of procuring substitute goods and services

c.) Unauthorized access to or the alteration of your transmissions and/or data

d.) Statements or conduct of any such party on our Service

e.) And any other matter that may be related to our Service

 

Trademark Information

You herein acknowledge, understand, and agree that all of the Kerri Thompson, LLC trademarks, copyright, trade name, service marks, and other logos and any brand features, and/or any product and service names are trademarks, and as such, are and shall remain property of Kerri Thompson, LLC. You herein agree not to display and/or use in any manner the logos or trademarks belonging to Kerri Thompson, LLC.

 

Copyright and Intellectual Property

kerrithompson.com and its contents are owned or licensed by the Site. The material contained on the website must be presumed to be proprietary and copyrighted. By viewing the contents of this website, you agree to these conditions of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.

 

The Site and Service contain intellectual property owned by Kerri Thompson, LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the kerrithompson.com name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the “look and feel”.

 

The entire content of the kerrithompson.com website and the Service is protected by intellectual property law, as well as international copyright and trademark laws. You may NOT modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property for public or commercial purposes, in whole or in part, without our prior written consent, including any and all text, graphics, code, software, video, audio, or other content.

 

You, also, may NOT share product access, membership passwords, user login information in any way. If you have purchased access to a Product or Service of any type from Kerri Thompson, LLC and it is found out that you are sharing your user information or giving access (paid or free) to others, your account will be terminated without refund.

 

We reserve the right to immediately remove you from the Service, without refund, or deny you access to kerrithompson.com and all of our Products and Services if you are caught violating this intellectual property policy.

 

Submissions

Kerri Thompson, LLC prohibits the uploading, posting, or otherwise making available on the kerrithompson.com website and the Service any artwork, photos, videos, audios, text or other submission of material (collectively “Submissions”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right.

 

The burden of determining that any Submissions are not so protected rests entirely the User. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission. You represent or warrant that you have the authority to use and distribute all Submissions submitted by you to the Service, as well as any Submissions sent via email to our email address or via mail to our mailing address, and that the use or display of the Submissions will not violate any laws, rules, regulations or rights of third parties.

 

User agrees, as a condition of viewing, that any communication between User and us or our website is deemed a Submission. All Submissions, including portions thereof, graphics contained therein, or any of the content of the Submission, shall become the exclusive property of the Site and may be used without further permission for commercial purposes without additional consideration of any kind.

 

User agrees to only communicate that information which it wishes to forever allow us to use in any manner as we see fit.

 

Choice of Law and Forum

It is at the mutual agreement of both you and Kerri Thompson, LLC with regard to the Terms of Use Agreement that the relationship between the parties will be governed by the laws of the state of Tennessee without regard to its conflict of law provisions and that any and all claims, causes of action, and/or disputes, arising out of or relating to the Terms of Use Agreement, or the relationship between you and Kerri Thompson, LLC, will be filed within the courts having jurisdiction within the County of Knox, Tennessee or the U.S. District Court located in said state. You and Kerri Thompson, LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

Contact Information

Email: kerri@kerrithompson.com (please email for mailing information)

© 2020 Kerri Thompson, LLC | All Rights Reserved.