Terms of Service
These Terms contain an arbitration agreement and class action waiver that apply to all claims brought against I Can Period, LLC and/or My Best Year Yet, LLC in the United States. Please read them carefully.
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These Terms of Service (“Terms”) are a binding legal agreement between you and Karen Katz Coaching that govern the right to use the websites karenkatzcoaching.com and stressedtozen.com (the “Sites”). When used in these Terms, “Karen Katz Coaching,” “we,” “us,” “our,” or “Company” refers to the Karen Katz Coaching business entity with whom you are contracting, either I Can Period, LLC or My Best Year Yet, LLC.Â
Acceptance of These Terms
By accessing or using the Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services. You may not access or use the Services or accept the Agreement if you are not at least 18 years old.
Changes to These Terms
From time to time, we may modify this Agreement. If such a modification is made, we will notify you by email. All changes are effective immediately when we post them and apply to all access to and use of the website thereafter. Your continued use of the website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Privacy Policy
We respect your privacy. Please refer to our Privacy Policy, linked at the end of these Terms which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Services, you signify your agreement to this Privacy Policy.
Disclaimer
Your use of the website is also subject to the Company’s Disclaimer, linked at the end of these Terms. Please review our Disclaimer, which also governs the website and informs users of various limitations regarding the information provided on the website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Service.
Inaccuracies on the Website
Despite our best efforts, the Website may occasionally contain typographical errors, inaccuracies, or omissions. We shall not be liable for any inaccuracies.
Accessibility
We are committed to providing access to all individuals, with or without disabilities, seeking information on our website. In evaluating and planning for accessibility, we will comply with the standards of the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG) 2.0 Level AA and the Web Accessibility Initiative Accessible Rich Internet Applications Suite (WAI-ARIA) 1.0 for web-based content. If, because of a disability, you are unable to access content on our Website, have questions about the accessibility of content or technology we use, and/or would like to report barriers to accessing any technology we use, please contact us at [email protected]
Account Creation and Responsibilities
In order to use our Services, you will need to register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Subscription and Billing
If you purchase a subscription, this subscription will automatically renew at the end of each billing cycle, typically every thirty (30) days, at which point you will automatically be charged for the next billing cycle.
Cancellation
You may cancel your subscription by emailing us at [email protected] Your subscription shall be terminated immediately upon cancellation, and you shall not receive any refund. You will not be charged after a cancellation.
Pausing Subscriptions
Subscription services cannot be paused.
Payment Plans
Certain of the Company’s products and services offer enrollment with a payment plan.
Upon enrollment, the client is responsible for making ALL payments in the selected payment plan.
Payment Information
You are responsible for all fees, associated with your use of the Services. You are responsible for providing us with a valid means of payment. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You must keep current payment information on file with us. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred.
Payment Processor
We use a third party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s Terms of Service and Privacy Policy. We don’t control and are not liable for the security or performance of the Payment Processor.
No Refund Policy
Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a no refund policy.
You acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. If you are unhappy with our services, please email [email protected] and we will attempt to resolve the situation.
The only exception to our No Refund Policy is for our Get your Ex Back Masterclass ($4.99)
You may request your money back by emailing [email protected].
That email must reference the program and provide the date of purchase, email, and name associated with the purchase. Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
By receiving a refund, any and all licenses that we have previously granted to you shall immediately terminate. You agree to delete the email granting you access and will no longer access the information provided.
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Refusal of Service
We reserve the right to refuse service or deny access to our products and services to any individual or entity at our sole discretion, including but not limited to circumstances where the individual or entity has a history of excessive refund requests, chargebacks, or other abusive or fraudulent behavior. If we determine that an individual or entity has engaged in such behavior, we may terminate their account, cancel any pending orders, and refuse to process future transactions without prior notice.
Third Party Websites, Ads and Ad Networks
As part of the Services, we may provide you with convenient links to third party website(s) (“Third-Party Websites”) as well as content or items belonging to or originating from third parties (the “Third-Party Applications, Software or Content”). These links are provided as a courtesy. We have no control over Third-Party Websites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Websites or Third-Party Applications, Software or Content. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the website.
Links to Our Website
You are permitted to link to our Website for noncommercial purposes, provided that you do so in a way that is fair and legal and does not damage our reputation. You may not link to our Website in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You may not deep-link to any page of this website for any purpose whatsoever unless the link is expressly authorized in writing by us. We reserve the right to withdraw permission for any link.
Copyright Policy
We respect the intellectual property of others and ask that users of our Website and Services do the same. In connection with our Website and Services and in accordance with the Digital Millennium Copyright Act (“DMCA”), we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials. If you believe that we are unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please provide the following information to us: your physical or electronic signature; identification of the copyrighted work(s) that you claim to have been infringed; identification of the material on our Services that you claim is infringing and that you request us to remove; sufficient information to permit us to locate such material; your address, telephone number, and email address; a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Use of Content
We may provide various courses, programs, and associated material for free or for purchase on this website. We grant you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner.
By ordering or participating in Content, you agree that the Content you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of My Best Year Yet.
You further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
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Third-Party Guest
The Company 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. The Company 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.
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Non-Disparagement
You and Company agree to not make any false, defamatory, or disparaging statements, whether written or oral, about the other party or the other party's products, services, affiliates, officers, directors, or employees. This obligation includes, but is not limited to, posting negative reviews or comments on third-party websites.
This non-disparagement obligation does not prohibit either party from making truthful statements, engaging in protected free speech, providing factual information to government agencies, or participating in legal proceedings.
If either party is found to have violated this non-disparagement clause, they shall be liable for actual damages proven by the other party.. This remedy shall be the sole and exclusive means of recovering damages for a breach of this clause.
This mutual non-disparagement obligation shall survive the termination of this Agreement.
Arbitration
Any controversy or claim arising out of, or relating to the Terms of Service, Service provided, or
breach thereof, shall be resolved by binding arbitration in the Florida area under the Rules of
Arbitration of the American Arbitration Association. The arbitrator, and not any federal, state, or
local court or agency, shall have exclusive authority to resolve any disputes relating to the
interpretation, applicability, enforceability, or formation of this Agreement, and this arbitration
clause, including, but not limited to any claim that all or any part of this Agreement is void or
voidable. Judgment upon the award of the arbitrators may be entered by any court of competent
jurisdiction.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OCCURS, OR SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.
Class Action Waiver
No Class Actions or Representative Proceedings. You and Karen Katz Coaching acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
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Limitation of Liability
Except for a party's indemnification obligations or a breach of confidentiality, in no event shall either party be liable to the other party for any indirect, special, exemplary, consequential, or punitive damages, or for any lost profits, savings, business opportunities, or revenues, regardless of whether such damages were foreseeable or whether a party has been advised of the possibility of such damages.
The total aggregate liability of either party arising out of or related to this Agreement shall not exceed the total amount paid by the Client to the Company under this Agreement in the one year immediately preceding the event giving rise to the claim.
The limitations of liability set forth in this Section shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise.
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No Warranties
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY 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, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
If you have any questions about the Terms of Service, please email us at [email protected]
*Last updated April 4, 2024
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