TERMS OF PURCHASE
Last Modified: February 11, 2025
PARTIES
In consideration of being permitted to participate in the masterclass (the “Services”), and the value you will gain by participating in the Services, you hereby agree to these Terms of Purchase. These Terms of Purchase are entered into between you (hereinafter “you” or the “Client”) and Kenzi Rose LLC, a Utah limited liability company (hereinafter “Company,” “we,” or “us”). You and the Company are collectively referred to herein as the “Parties.”
ACCEPTANCE OF TERMS OF PURCHASE
The following Terms of Purchase (“Terms”) govern your use of and access to the Services. These Terms are legally binding, and it is your responsibility to read them before you begin to use the Services. By using and participating in the Services, you accept and agree to be bound and abide by these Terms.
SERVICES
The Services will include the following:
-
Instant and lifetime access to the masterclass portal with trainings and digital downloads, including any and all updates.
-
Coaching sessions (if any) will take place via Zoom.
CLIENT RESPONSIBILITY
As part of your participation in the Services, you are expected to complete the requisite work assigned throughout the group coaching. There is no guarantee for success as the Client is responsible for completing work and following the Company’s recommendations.
REGISTRATION AND PAYMENT
In full consideration of the Company’s performance, obligations, and the rights granted herein, Client agrees to pay in full for the Services as set forth on the Company’s website. All payments made by the Client to the Company are non-refundable. If the Client elects to pay in monthly installments, payment shall be automatically collected by the Company on a monthly basis. If the Client elects to pay in monthly installments, the Client may not terminate or cancel any future payment obligations. Due to the nature and immediate access to the Services, if the Client discontinues participation in the Services, the Client hereby agrees to remain responsible for all outstanding payments for the remainder of the Term. Payment will be collected via Credit Card or PayPal through the Company’s website. You hereby authorize the Company to charge your credit/debit card on file for any outstanding fees. Payment failure will result in termination of the Services, effective immediately.
LATE FEES
If the Company does not receive payment from you within fourteen (14) calendar days of any payment date, then you will be charged a late fee of 1.5% of the outstanding amount per each day that payment is overdue.
CHARGEBACKS
You are required to make every attempt to request a refund before initiating a chargeback with your financial institution. You will remain responsible for amounts due under this Agreement in the event you dispute payment with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all intellectual property or deliverables received as part of the Services. The Company reserves the right to present proof of purchase and this Agreement to the financial institution investigating the dispute.
BUSINESS HOURS
Company's business operating hours are as follows: Monday – Thursday from 10:00 AM to 5:00 PM MST. All emails will be responded to within 24 to 48 hours during Business Operating Hours. If communication is made to the Company during the weekend, it will be addressed the following Business Day. The Company will be closed on holidays and for vacations, which may affect response times. Vacation closures are at the Company’s sole discretion.
RECURRING SUBSCRIPTIONS
If you select a Service with a recurring subscription (autorenewal), you authorize the Company to maintain your account and payment information and charge that account automatically upon the renewal of the Service.
CLIENT CONFIDENTIALITY
During the course of the Company’s performance of Services, you may receive, have access to, and create documents, records, and information of a confidential and proprietary nature to the Company. You agree to maintain the confidentiality of such information and return or destroy all confidential information upon termination of this Agreement.
CANCELLATION POLICY
If you cancel your participation in the Services for any reason, no refunds or credits will be issued. If you are paying in installments, you remain responsible for all outstanding payments for the remainder of the twelve (12) month term.
FORCE MAJEURE
If either Party is unable to perform any of its obligations (excluding payment) due to a Force Majeure Event, such Party shall be excused from performance during the pendency of such cause.
INTELLECTUAL PROPERTY RIGHTS
All content, materials, and features displayed or provided in connection with the Services are owned by the Company and are protected by intellectual property laws. You may not reproduce, distribute, or exploit any material displayed in connection with the Services.
PRIVACY
Your registration for the Services and use of the Company’s website is governed by our Privacy Policy, and you consent to all actions consistent with our Privacy Policy.
GENERAL DISCLAIMER
The Company disclaims any liability for any direct, indirect, or consequential loss incurred by you in connection with the Services. The Services are for informational/educational purposes only and should not be construed as medical, legal, or financial advice.
WARRANTIES DISCLAIMER
The Services are provided on an “as is” and “as available” basis without any warranties of any kind.
EARNINGS DISCLAIMER
We do not guarantee any results from participation in the Services. Individual results and outcomes will vary.
TECHNOLOGY DISCLAIMER
While we make reasonable efforts to provide reliable technology, we are not responsible for any technological failures or errors.
INDEMNITY AND RELEASE
You agree to indemnify, defend, and hold harmless the Company from any claims, liabilities, damages, losses, and costs arising from your use of the Services.
LIMITATION ON LIABILITY
To the maximum extent permitted by law, the Company will not be liable for any direct, indirect, or consequential loss incurred by you.
LIMITATION ON TIME TO FILE CLAIMS
Any cause of action or claim you may have must be commenced within one (1) year after the cause of action accrues.
SEVERABILITY
If any portion of these Terms is held to be invalid, the remaining portions will remain in full force and effect.
NOTICES
All notices must be in writing and addressed to Company at the email set forth below:
Notice to Company:
Kenzi Rose LLC
Attention: Kenzi Rose
[email protected]
ENTIRE AGREEMENT
These Terms are the entire agreement between you and the Company regarding the subject matter herein.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah.
MEDIATION
In the event of a dispute, the Parties agree to attempt to resolve the dispute through mediation in Utah or via Zoom.
JURISDICTION AND VENUE
If the Parties cannot resolve any dispute, either Party may file suit in a court of competent jurisdiction in the state or federal courts of Utah, and each Party irrevocably submits to the exclusive jurisdiction of such courts.
Â