Use of KIMBERLYJONAS.COM, including all materials presented herein and all online Services provided by KIMBERLY JONAS, LLC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms.
USE OF THE SITE AND SERVICES
To access or use the Site and Services, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Information provided on the Site and in the Services related to personal growth, physiological health, and other information are subject to change. We make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Kimberly Jonas disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
OUR INTELLECTUAL PROPERTY
The Site and Services contain intellectual property owned by Kimberly Jonas, including trademarks, copyrights, proprietary information, and other intellectual property. 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 Services Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Services, without refund, if you are caught violating this intellectual property policy. If you are interested in publishing any of the protected written materials as seen on the Site or elsewhere in hard copy or web-based format, please contact us at firstname.lastname@example.org to secure the proper rights.
You may use the Site and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Services for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICES
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse Services to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Services, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
In order to use the Services, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Kimberly Jonas will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
Because the evaluation of our products is subjective and all materials that we sell via our website are purchased with this understanding, we do not offer refunds on any of our products, except as otherwise noted, including but not limited to books, event tickets, online courses, or private session bookings.
We reserve the right to cancel an event or product offering at any time. In the case of an event cancellation, please read specific contract terms for those events in order to understand your responsibility, if any, related to the cancellation.
Recurring BodyMantra Classes, held in Boulder, Colorado, are subject to the following refund/cancellation policy:
Refunds will only be given for cancellations made 48 hours in advance of class start time. Cancellations must be received in writing via email – texts or calls will not be accepted for this purpose. Exceptions to the 48-hour cancellation policy will be made for illness & emergency, though no refunds will be given for any reason if we have not been notified by 8:00am on the morning of any given class.
In the spirit of fairness to our large community and the limited size of the studio, we ask that everyone sign up only for classes that you know you are able to attend. We reserve the right to change our refund/cancellation policy at any time if this guideline is regularly violated.
We endeavor to describe and display the Services as accurately as possible. While we try to be as clear as possible in explaining the Services, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Kimberly Jonas cannot guarantee the outcome related to your use of the Site and Services and Kimberly’s comments about the outcome are expressions of opinion only. You acknowledge that we cannot guarantee any results from use of our Services, as such outcomes are based on subjective factors that cannot be controlled by us. You further acknowledge that Kimberly Jonas is not a licensed counselor or social worker and is not accredited or certified by any formal counseling agency or organization.
MATERIAL YOU SUBMIT TO THE SITE
We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including comments on blog posts, communications sent to us directly or through other forums. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. 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. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
You agree that you will not:
a) permit any unauthorized access to or use of any Services that you have licensed, including any password applicable to your account for the Services; or
b) use, redistribute or resell any of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by us; or
c) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, in whole or in part, except as expressly provided in these Terms; or
d) violate or attempt to violate the security of the Services; or
e) reverse engineer, decompile or disassemble any portion of the Services; or
f) use the Services in a manner that (i) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (ii) is fraudulent, deceptive or misleading; (iii) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (iv) violates anyone’s rights of privacy, publicity or other rights; (v) violates any contractual or fiduciary obligations; (vi) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (vii) has an adverse effect on our business, reputation or ability to provide Services; or (viii) would otherwise be reasonably deemed objectionable under the circumstances; or
g) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Kimberly Jonas. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Services. Content you submit to us remains yours to the extent that you have any legal claims therein. You agree to hold Kimberly Jonas harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or Services. Additionally, Kimberly Jonas is not liable for damages in connection with (i) any failure of performance, error, omission, denial of Services, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Kimberly has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall our cumulative liability to you exceed the total purchase price of the Services you have purchased from us, and if no purchase has been made by you, Kimberly’s cumulative liability to you shall not exceed $100.
THIRD PARTY RESOURCES
The Site and the Services contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Kimberly Jonas. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Kimberly Jonas, LLC, P.O. Box 19512, Boulder, Colorado 80308
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Colorado as applied to contracts that are executed and performed entirely in Colorado. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Boulder County, Colorado. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Services by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Services, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
These Terms & Conditions were last updated March 2019.