If you do not agree to these Terms, discontinue using the site immediately!
Transactions Show On Billing Statement As: kathynielsen.net
WHEN YOU COMPLETE YOUR PURCHASE, YOU (THE BUYER, THE CLIENT, THE CUSTOMER) ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND ALL THE LEGAL LINKS AND TERMS OF THIS SITE AND THIS PURCHASE AGREEMENT WHICH INCLUDES THE REFUND POLICY.
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE TO YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU, WILL NOT SELL A PRODUCT TO YOU, WILL NOT SELL A SERVICE TO YOU, WILL NOT SELL A MEMBERSHIP TO YOU. IF YOU DO NOT ACCEPT THESE TERMS YOUR ORDER WILL NOT BE PROCESSED.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE. IF YOU DO NOT AGREE, IT IS YOUR OBLIGATION TO NOT PURCHASE ANY PRODUCT OR SERVICES FROM THE SELLER.
Parties to This Agreement & Disclaimer
The parties to this agreement are the website or its owners, hereafter “SELLER,” and you, the prospective purchaser, hereafter “BUYER”. Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as “THIRD PARTY OR THIRD PARTIES.” The recipient of the product/service herein sold, where said product/service is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as “RECIPIENT”.
Subject Matter of This Purchase Agreement
The subject matter of this agreement is a product, service, or membership described in promotional or sales materials on this website and/or in an email referencing this website, and/or in a direct mail description package referencing this website, where said website, email, mail pack and its contents are incorporated herein with this website by reference and made a part hereof and constitute a complete description of the product, service or membership that is the subject matter of this Purchase Agreement. This bundle of offerings, including additional items promoted on the order page, shall, together, be termed “PRODUCT” throughout this agreement but the word “PRODUCT” shall mean all elements offered in the sale, whether digital, dimensional, verbal, or other license or right, and include all sales or promotional materials.
kathynielsen.net offers a 30-day, no questions asked, 100% refund for all products/services/materials under certain conditions as follows. In order to qualify for this 30-day refund, the BUYER (you) must provide a written request to support@ kathynielsen.net before the end of the first 30-days from date of purchase has lapsed. It is important to understand that a refund will not be granted for live (or virtual) coaching, live (or virtual) workshops, live (or virtual) seminars, live (or virtual) tele-classes, live (or virtual) webinar classes and/or live (or virtual) speaking sessions where those services are deliverable (or already delivered) within the first 30-day period. When physical products are received (whether in person at an event or by shipping delivery), a refund may be only be provided when the products are returned in resalable condition. To request a refund for physical products, you must send a written request to support@ kathynielsen.net within the first 30-days of receiving the products, asking for the return product authorization (“RMA”) code and return shipping address information. A 20% restocking fee will apply to all returned products which are in resalable condition. Dammaged products will receive zero refund. Products returned without a valid RMA will not be processed and will not receive a refund. Please keep in mind, a simple email to our support team can usually solve any issues that arise so we encourage you to communicate with our friendly staff as first resort.
In the case of live coaching, live workshops and live seminars, a refund may be granted after first 30-days in some cases (minus a 30% out of pocket hard costs fee), providing the event has not yet started. Due to the nature of live events, out of pocket hard costs are associated to the venue, staff, speakers, materials (and more) well in advance of the event, therefore requesting a refund after the first 30-days will incure a non-refundable 30% fee. For some live coaching, live workshops and live seminars, kathynielsen.net may offer an “end of first day guarantee”, meaning when the BUYER (you) attends and completes the entire full “first day” of the purchased event, and if not fully satisfied at that time, may ask in writing to the event coordinator for a full refund. Such a request must be time stamped between end of first day session and before the second day sessions begin. It is important to note that attending the second day of an event automatically assumes the BUYER (you) is in full satisfaction and no refunds will be granted after that point for such event.
Services rendered are non-refundable once fulfilled. This includes fulfilled coaching, marketing, web design, seminars, beta test groups and speaking. It is important to note that all sales involving coaching, workshops, seminars, tele-classes, webinar classes and speaking are not refundable once they have been delivered. Proprietary software is non refundable because of the nature and sensitivity of the product. See product sales pages for product specific information. Membership subscriptions may be cancelled at anytime prior to the next billing period by written request to support@ kathynielsen.net and you will not be billed again. Cancellation requests must be received no less than 3-days prior to renewal date to give our support staff a chance to look up your account and terminate the subscription. Once a subscription has past its rebill period (ie. been charged), that payment becomes non-refundable. It is up to the BUYER (you), to cancel your subscription BEFORE it rebills since you have the whole billing period (less the final 3 days) to cancel it if needed. It is important to note that each product/service/material may have its own refund policy stated on their respective sales pages, which works in conjunction to this refund policy. If no refund policy is specified on a sales page, the SELLER and BUYER agree to abide by this refund policy as written.
This website is fully PCI Compliant. Additional 3-D Secure features to protect your data including Verified by Visa, MasterCard SecureCode, JCB International J/Secure and American Express SafeKey are used for your added protection.
kathynielsen.net does not store any sensitive information such as credit card, banking information, usernames or passwords. During a transaction no one can access or see your credentials since all communication takes place using the highest grade 256 Bit SSL Secure Technologies over HTTPS connections. No sensitive information is stored (not even cached), so your transactions are guaranteed 100% safe and secure.
Credit Card Charges & Credit Card Fraud Penalties
kathynielsen.net products/services/materials are intended for audiences over the age of 18 years old. We do not intend to sell to or solicite information from anyone under the legal voting age. BUYER (you) warrants that he/she is of legal age to enter into contractual agreements in the province/state in which he/she is present when making such purchase, and is the true and authorized owner of the credit card used to make this purchase. SELLER is in full compliance with the Children’s Online Privacy Protection. Any BUYER who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$ 10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the SELLER, he/she authorizes each and every credit card company or merchant service provider to disclose to the SELLER all information that could be construed as proof of credit card fraud. Any BUYER who attempts to perpetrate a fraud upon SELLER involving the use of a credit card herewith gives authorization for the SELLER to access all credit information about the BUYER from credit reporting agencies and also authorizes the SELLER to discover all relevant information from any source about the fraudulent practices of the BUYER and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
Rights & Obligations of Buyer
Guarantee & Warranty
Products/services/materials are sold “as is” without warranty or guarantee of any kind other than what is stated in the Refund Policy above. The policy includes customizations which may be specified on individual sales presentations.
Limitation of Liability & Disclaimer
BUYER warrants an understanding, as required consideration, that the SELLER disclaims all liability for the products/services/materials or damages resulting from use or installation or reliance upon such products/services/materials for any reason. BUYER alone accepts full responsibility for allowing others to use the products/services/materials. BUYER understands that SELLER disclaims liability for any information contained in sales or promotional materials or the products/services/materials itself that is unintentionally misleading or incorrect that might cause damage to BUYER.
BUYER expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of products/services/materials or from subsequent contact with SELLER or any Third Parties.
BUYER expressly agrees that no matter what may happen because of his/her purchase of the products/services/materials, or no matter what damage may be allegedly or actually caused by the use, or no matter the harm or damage that may result directly or indirectly from the purchase, for any reason whatsoever, that the absolute maximum extent of SELLER’s liability shall be an amount no greater than the purchase price of the product/service/material.
BUYER agrees and understands that, SELLER, specifically but not exclusively, disclaims liability for all damage to BUYER’s person or business. SELLER disclaims liability for BUYER’s interaction with Third Party solicitors. SELLER disclaims liability for BUYER’s interactions with Third Party advertisers on the site. SELLER disclaims liability for BUYER’s interaction with other visitors or members of the website, events or membership areas.
Limitation of Liability From Erroneous Product Content
BUYER agrees that the SELLER’s total liability, even for erroneous product content that causes damage to the BUYER, shall be limited to the purchase price paid for the product.
Limitation on the Liability Limitation
BUYER understands that some states do not allow limitation of liability.
Purchase Agreement Accepted
BUYER expressly accepts the terms of the Purchase Agreement.
BUYER expressly accepts the Terms of Service.
Income & Earnings Disclaimer Accepted
BUYER expressly accepts the Earnings Disclaimer.
Right to Publish Submissions
BUYER agrees that SELLER may publish for commercial purposes the full or partial content of any and all communication with BUYER at the SELLER’s sole discretion.
BUYER agrees to indemnify SELLER for any and all damage that BUYER causes by using any product or information contained on this website or in materials which may result in a damage award against the SELLER.
Right to Stop Selling or Servicing Products or Memberships
BUYER agrees that SELLER has the right to discontinue the product, service, membership or materials at any time without notice. BUYER understands that SELLER may discontinue customer service on a product, service, membership or materials at any time without notice.
California Residents Note
Arbitration shall be conducted pursuant to the rules of the Canadian Arbitration Association which are in effect on the date a dispute is submitted to the Canadian Arbitration Association. Information about the Canadian Arbitration Association, its rules, and its forms are available from the Canadian Arbitration Association, 180 Duncan Mill Road, 4th Floor, Toronto, Ontario, M3B 1Z6. Hearing will take place in the city or county of the SELLER.
In no case shall the BUYER have the right to go to court or have a jury trial. BUYER will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
Jurastiction & Venue
If any matter concerning this purchase shall be brought before a court of law, “pre” or “post” arbitration, BUYER agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the SELLER’s address.
BUYER agrees that the applicable law to be applied shall, in all cases, be that of the Province/State of the SELLER.
BUYER herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to SELLER on the ordering page. Further, BUYER agrees that the right to contact BUYER concerning legal notice shall not be terminated by previously submitted ‘unsubscribed’ notices and specifically agrees that any notification to cease contact shall not be binding upon the SELLER in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the BUYER grants SELLER irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the BUYER has to sever contact with SELLER.
The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.
This Purchase Agreement cannot be modified in any manner between the SELLER and BUYER (you) unless modifications are made in writing signed by both parties. However, the SELLER may modify this Purchase Agreement at any time for other BUYERS without notice to the instant BUYER.
Enforceability of Provisions
In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, BUYER and SELLER agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
Waiver of Breach
The SELLER’s waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
If you have any questions about these terms, please contact us.