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 Last Updated:  March 11, 2022

Acceptance of the Terms of Use. 

 
These Terms of Use are entered into by and between you (“you” or “your”) and Be Well By Kelly, Inc. and its affiliated subsidiaries and related entities (collectively, “Company,” “we”, “our” or “us”). The following terms and conditions, together with the Privacy Policy, Liability Waiver and Release, and any other documents expressly referenced hereunder (collectively, these “Terms of Use”), govern your access to and use of www.bewellbykelly.com (“Website”), any content, functionality, and services offered through the Website (collectively, the “Services”). You and Company may each be referred to herein as a “Party”, and collectively as the “Parties.” 

Please read these Terms of Use carefully before accessing or using the Website and Services. By using the Website and/or Services, you accept and agree to be bound and abide by these Terms of Use, which include our Privacy Policy found at  https://bewellbykellyshop.com/pages/privacy-policy-2022, and our Liability Waiver and Release found at https://kellyleveque.mykajabi.com/pages/liability-waiver-and-release,  and to comply with all applicable laws and regulations.  

 

BY ACCESSING OR USING THE WEBSITE AND SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE AND SERVICES.  

All rights not expressly granted to users in these Terms of Use are hereby reserved by Company.  

Children Under 13. The Website and Services are offered and available to users who are at least 13 years of age or older. By using the Website and Services, you represent and warrant that you are of legal age to form a binding contract with the Company 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 and Services. Users younger than 13 years old shall only access and use the Website and Services upon specific and verifiable authorization from at least one of the parents or a legal guardian. We reserve the right to request proof of age of any user, at any time, to confirm if access and use are in compliance with these Terms of Use, as well as to cancel any noncompliant accounts. 

Changes to Terms of Use. 

Company reserves the right to amend or update these Terms of Use at any time with or without notice to users, and may also add new features or functionality to, or change or remove existing features or functionality from, the Website and Services that will be subject to the Terms of Use. Notwithstanding the foregoing, in the event any changes to these Terms of Use shall materially change your rights, Company will provide you with prominent notice under the circumstances. Any user who continues to use the Website and Services after any changes are made will be deemed to have agreed to those changes.  
 
ARBITRATION NOTICE. AS FURTHER SET FORTH HEREIN, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO RESOLVE ANY DISPUTES IN COURT (INCLUDING TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION).  

Basic Terms and Rules of Conduct. 

Any unauthorized use of the Website and Services is expressly prohibited. For the avoidance of doubt, you hereby agree to the following: 

  • You are responsible for making all arrangements necessary for you to have access to the Website and Services and ensuring that all persons who access the Website and Services through your internet connection are aware of these Terms of Use and comply with them.  
  • To access the Website and Services or some of the resources it offers, such as to make a purchase, you may be asked to provide certain registration details or other information, including Personal Information (as defined in the Privacy Policy). It is a condition of your use of the Website and Services that all the information you provide on the Website and Services is correct, current, and complete. You agree that all information you provide to register with the Website and Services or otherwise, including, but not limited to, 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. 
  • Unless otherwise noted, the Website and Services as a whole or in part, and all materials that are part of the Services, including without limitation, the Company name, trademarks, designs, logos, copyright, the Fab 4 Fundamentals Course materials, and other intellectual property, and products and services made available to users via the Website or Services (collectively, “Company Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by Company or its subsidiaries and affiliates upon the terms hereunder. Unless otherwise noted, the Company Content shall be available to you for access or download for four (4) months from the date of payment and acceptance of all Terms of Use. Conditioned upon your compliance with these Terms of Use, you may only use Company Content and the Website and Services for your personal, noncommercial use; any other use of the Company Content or Services without Company’s express written consent in each instance is strictly prohibited. No right, title, or interest in any Company Content is granted or transferred to you as a result of your access or use thereof. Unless otherwise noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the Company Content or Services. Unauthorized use of the Company Content is expressly prohibited by law, and may result in severe civil and criminal penalties. 
  • We welcome your comments and feedback regarding our Services and products. We do not, however, accept confidential or proprietary information. Thus, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to Company using Website and Services or otherwise (collectively, “Communications”) are not confidential and will become and remain Company’s property. The disclosure, submission, or offer of any Communications will constitute an assignment to Company of all worldwide rights, titles, and interests, and goodwill in the Communications without payment of any compensation. Additionally, Communications submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. If your Communications violate these Terms of Use, you may bear legal responsibility for such Communications. 
  • You may not use the Website and Services to participate in any activity that is in violation of any federal, state, or local law including without limitation, all regulatory, administrative and legislative authorities.  
  • You shall not disable, hack, circumvent or otherwise interfere with security related features of the Website and Services or features that prevent or restrict use or copying of any Company Content or materials. 
  • You shall not destroy, interfere with or disrupt, or attempt to interfere with or disrupt (including scan, probe or test the vulnerability of), any web pages available on the Website and Services, servers or networks connected to the Website and Services or the technical delivery systems of Company’s providers or break any requirements, procedures, policies or regulations of networks connected to the Website and Services. 
  • You are responsible for any activity that occurs in the real world and through your account. If available, Company prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide to Company, including at registration and at all other times, will be true, accurate, current, complete, and confidential, and you agree to update your information as necessary to maintain its truth, accuracy, and confidentiality. 
  • You agree that you will not solicit, collect or use the login credentials or other confidential information of other users of the Website and Services (each and collectively, “Third Party Users”). 
  • You are responsible for keeping your password secret and secure. 
  • You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Website and Services, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. 
  • You may not use the Website and Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Website and Services and your Communications, including but not limited to, copyright laws. 
  • You must not change, modify, adapt or alter the Website and Services or change, modify or alter another website so as to falsely imply that it is associated with the Website and Services or Company. 
  • You must not create or submit unwanted email, comments or other forms of commercial or harassing communications (a/k/a "spam") to any Third Party Users. 
  • You must not interfere or disrupt the Website and Services or servers or networks connected to the Website and Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any of the Services or Company Content is rendered or displayed in a Third Party User's browser or device. 
  • If available, you must not create accounts with the Website and Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. 
  • You must not attempt to restrict any Third Party User from using or enjoying the Website and Services and you must not encourage or facilitate violations of these Terms of Use or any other Company terms. 
  • You must not infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity. 
  • You understand and agree that you use the Website and Services at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Company as Company may determine in its sole discretion, we can stop providing all or part of the Website and Services to you. 

General Conditions. 

We reserve the right to modify or terminate the Website and Services or your access to the Website and Services for any reason, without notice, at any time, and without liability to you. Upon termination, unless subject to specific software or other licenses, all licenses and other rights granted to you in these Terms of Use will immediately cease. We are not responsible if information made available on the Website and Services is not accurate, complete or current. The material on the Website and Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. The Website and Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website and Services at any time, but we have no obligation to update any information on the Website and Services. You agree that it is your responsibility to monitor changes to our Website.  We reserve the right to refuse access to the Website and Services to anyone for any reason at any time. 

Video Offerings 

We use Kajabi as our video course platform.  When you purchase a course video on our Website, you will receive an email from Kajabi that grants access to the video.  When you view that video, it will be on the Kajabi platform.  

Linked Sites and Third Party Websites. 

All matters concerning your use of any services, products, or other offerings from any third party operating any site or property to which the Website and Service contains a link (each a “Linked Site”) are solely between you and the Linked Sites. We make no warranties or representations whatsoever with regard to any services and products provided by the Linked Sites. You will not consider us, and we will not be construed as, a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to any such transactions. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, code or other materials presented on or through such websites. The inclusion of any link to such Linked Sites on our Website or Services does not imply our endorsement or recommendation of that Linked Site and we do not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. From time to time, the Website and Services may contain affiliate links or sponsored content, and we will comply with applicable laws and regulations where applicable, including, without limitation, including appropriate disclosures in accordance with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising. Any access to or reliance on the contents of a third party website, including any Linked Site, is done at your own risk. 

Territorial Restrictions. 

The information provided within or in connection with the Website and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Website and Services or any portion of the Website and Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Website and Services or other feature that Company provides. 
 
These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.  

Licensed Rights.  

By publicly posting information and materials relating to Company, its products or services on any social media site, website, or blog (e.g., Instagram, Facebook, Twitter, etc.) and using Company’s proprietary hashtags or handles, you hereby grant Company the worldwide, royalty free, irrevocable right and license to reproduce, display, distribute, re-post, re-share, or otherwise exploit such materials and information and your name, image, likeness, and any intellectual property controlled by you and all associated moral rights and goodwill, in whole or in part, on or through via Company’s social media and digital properties without further consent or compensation. Without limitation, such right and license includes Company’s right, though not obligation, to grant you attribution (e.g., tagging your profile, photo and/or video credit, etc.) via such social media platforms. Once posted, shared or otherwise distributed, Company shall have no obligation to remove such posts from its archival feed and you shall waive all claims related thereto. 

Health Disclaimer. 

Company is not a medical organization and cannot provide medical advice, evaluation, diagnosis or treatment. Nothing on the Website or Services should be interpreted as such. Kelly LeVeque is not a medical doctor, registered dietician, certified clinical nutritionist, pharmacist, nurse, psychologist or other licensed medical or health care professional. She is not acting in any such capacity and nothing on the Website or Services should be interpreted to take the place of advice of a physician and other licensed medical professional. 

You are urged and advised to consult your physician before undertaking any health, diet or lifestyle changes, including, without limitation, using products or services available on our Website or Services, altering your diet, nutrition or eating habits, beginning any weight-loss effort or regimen, taking any supplements, vitamins or similar products, participating in exercise, making any lifestyle changes, or taking or discontinuing any medications. Nothing on the Website or Services should be interpreted as a substitute for physician consultation, evaluation or treatment. 

The Website and Services are intended for use only by healthy adult individuals. The Website and Services are not intended for use by minors or individuals with any type of illness or health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of health, diet or lifestyle change. You should immediately consult with your physician or health care professional in the event of any illness or injury.  

All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. The information on the Website and Services have not been evaluated by the Food and Drug Administration and is not intended to treat, diagnose, cure or prevent any disease. We cannot and do not give you medical advice by and through the Website, Services or otherwise. You should seek prompt medical care for any specific health issues. We do not recommend the self-management of health problems. Any information obtained by using our products or services is not exhaustive. 

 

No Special Relationship. 

Except as otherwise described in the Privacy Policy, as between you and Company, you acknowledge and agree that your relationship with Company is not a confidential, fiduciary, or other type of special relationship. 

Refund Policy.  

Services and other products available by and through the Site are non-refundable. Notwithstanding, and solely in connection with the Fab 4 Fundamentals course, if you are not 100% satisfied, you can request a refund if (i) you initiate the refund request within seven (7) days from the date of purchase, and (ii) you have accessed no more than five (5) videos from the course. If the request is eligible, you will be refunded for the full purchase price less any applicable processing fees. Please contact courses@kellyleveque.com to initiate a refund. Refunds processing times may vary. 

Disclaimer of Warranties. 

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, COMPANY CONTENT, COMMUNICATIONS, FUNCTIONS, AND ALL OTHER MATERIALS PROVIDED OR DISPLAYED THROUGH THE WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,  INCLUDING WITHOUT LIMITATION AS TO INFORMATION, DATA, DATA PROCE

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