Kristi Learn Coaching & Consulting Terms of Service

The terms and conditions below (the “terms”) are what govern your use of the Kristi Learn Coaching & Consulting website on the Internet and World Wide Web. These terms are a legal contract between you and Kristi Learn Coaching & Consulting (“we” or “us”.) They govern your access to, and your use of our website, which is located at www.KristiLearn.com (the “site”). These terms also govern your use of any services and products we provide on the membership site including but not limited to ClickFunnels software ( the “platform”). If you do not agree with any of these terms, please do not access or otherwise use this site and/or our services and products.

Your use of this site, services and/or products on this site means that you agree to abide by each of the terms below as well as the site's Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices. KristiLearn.com may make changes to the services and products offered on this site, at any time and without notice, and KristiLearn.com can change these terms at any time without notice by posting updated terms of use here on the site.

If you continue to use the site after such changes have been posted, it means that you agree to the new terms, even if you have not reviewed the changes. Therefore you really should check the terms of use posted here periodically for updates and changes.

Your Account

Eligibility. Your account must be registered by a human. Accounts registered by "bots" or other automated methods are not permitted. Additionally, you must be 16 years of age or older.

Registration Information. You must provide a valid permanent email address, along with any other information required by ClickFunnels during the registration process. One person or legal entity may not maintain more than one free account.

Password. You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you will be subject to our Privacy Policy.

Restrictions. You may not use the coaching service or membership platform for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction, including, among other things, by:

- distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;

- covering or obscuring any notice, legend, warning or banner contained on the site or platform;

- interfering with or circumventing any security feature of the site or platform or any feature that restricts or enforces limitations on use of or access to the services;

- infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity

- being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by the site or platform in its sole discretion; or

- deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.

- you may not make use of the name “Kristi Learn” or any combination of words that would be confusingly similar to “Kristi Learn” in any url, domain name, social media handle, social media page name, hash tag, or other identifying mark without our prior written permission. You agree to forfeit and transfer ownership of any such url, domain name, social media handle, social media page, hash tag, or other identifying mark to us upon request and pay all our cost, legal fees, compensatory, punitive, consequential and incidental damages incurred by us in enforcing this restriction. No license to use our marks is granted or implied.

Payment and Refunds

A valid credit card is required for paying accounts.

The coaching or webinar services are billed in advance in accordance with our pricing schedule. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account, except in the case of our satisfaction guarantee (see below). In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes. You agree to pay for any taxes that might be applicable to your payments made by you in connection with your use of the coaching program and platform.

Satisfaction Guarantee

Due to the nature of the coaching program, we do not extend direct refunds. However, after the 6-month Academy, you didn’t get the results from your action plan as expected, then we keep working with you for free until you do. If you attend all the training and coaching sessions and take our recommendations, yet are still not meeting your key metrics, then we’ll extend your access to our programs until those metrics are realized. Concerns regarding satisfaction must be made in writing by emailing support@KristiLearn.com. This applies to both annual and monthly subscriptions.

Violation of these Terms of Service

We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that the site or platform has no obligation to prescreen or monitor your access to or use of the site, platform or any information, materials or other content provided or made available through the site, but has the right to do so. You hereby agree that the site may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.

Termination

The site and platform reserve the right to terminate any free accounts that do not have any activity (replies or logins) for sixty (60) days, or trial accounts without a payment method thirty (30) days after expiration.

The site, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.

INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS

As a site and platform user, you may be required to create an account within ClickFunnels or similar platform. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are also responsible for maintaining the confidentiality of proprietary or non-public information we may share with you as a user, such as technical information, our pricing, our business strategy, and data about other past or current users or their customers.

General Use

KristiLearn.com provides content, services and products throughout this site. All information, documents, products and services, including content, trademarks, logos, graphics and images (which are grouped together under the term “Materials”) are the copyrighted work of KristiLearn.com or Kristi Learn Coaching & Consulting licensors and/or contributors.

KristiLearn.com grants you a limited, personal, non-exclusive and non-transferable license to use the Materials solely for your personal use or internal business use. You agree that you will only use this site and the Materials for lawful uses.

You agree that you have no right to modify, edit, copy, reproduce, disseminate, create derivative works of, alter, enhance or in any way exploit any of the Materials provided by KristiLearn.com in any manner. Your limited license terminates automatically, without notice to you, if you breach any of these terms.

Upon termination of your limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the site or any Materials on any legal basis.

You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the site. Such prohibited conduct includes, but is not limited to, any efforts to: (a) log into an account with a password not assigned to you; (b) access personally identifiable information not intended for you; (c) test the security measures on the site and/or attempt to identify system vulnerabilities; (d) impersonate any other user of the site and/or the products and services, forge any of the header information in any posting, or tamper with the TCP/IP packet header; (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying software code for the site and/or the products and services; or (f) overwhelm or disable the site or the products and services or interfere with the access and use of the site and/or the services by any other user.

If KristiLearn.com becomes aware of any of the aforementioned activities on your part, we may investigate and take action. When appropriate, we may work with law enforcement to investigate and prosecute offenders.

Your continued use of the site and/or the products and services is expressly conditioned on your compliance with the prohibitions, obligations and restrictions just stated. Without limiting the foregoing, you acknowledge that KristiLearn.com prohibits and you agree not to:

- Take any action that imposes an unreasonable or disproportionately large burden on the site’s infrastructure;

-Intentionally expose the site and/or any products or services provided on KristiLearn.com to a computer virus or any other program or code that is intended to disrupt or disable the operations of the site and/or our products or services;

-Frame or link to the site or any of the content or information available from the site, unless KristiLearn.com expressly consents to such linking and/or framing;

-Use any spider, robot or other program, code or device to copy, retrieve or index any portion of the KristiLearn.com site;

-Harvest or otherwise collect information about other users for any purpose other than expressly permitted herein;

-Post any false or inaccurate Submissions (defined below) or information on any part of the site;

-Use the products and/or services and/or the site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property rights, or violate the privacy or rights of any other person;

-Post any Submission or information that is discriminatory, hateful, obscene, vulgar, abusive, defamatory, sexually-orientated, threatening, or otherwise objectionable;

I-nclude any hyperlinks or any misleading, irrelevant and/or hidden code or keywords in any Submissions posted by you;

-Harass, stalk, or otherwise subject any other user of the site and/or products and services to inappropriate or unwanted contact;

-Make any additions, changes, alterations and/or deletions to any Submissions posted by any user without the express written authorization of such other user;
KristiLearn.com reserves the right to terminate our relationship with you under these terms and prohibit your access to the site and/or products or services or to edit, remove or close any submission or thread for any reason.
The foregoing list of prohibitions is not intended to be complete or exclusive.

-You acknowledge and agree that there is the chance that you may be exposed to content that may be offensive or objectionable to you. You hereby acknowledge and agree that all submissions submitted by you or any other user express the views of the author, and KristiLearn.com will not be held responsible for or liable for the content in such submissions.

-Your access to the site and Services is undertaken at your own risk and KristiLearn.com is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.

In addition, the foregoing prohibitions do not impose on KristiLearn.com any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other user.

Downloadable Software:
We may offer applications for devices (“Apps”) directly or through third-party stores. Subject to your compliance with these Terms of Service, the site or platform grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps. We may update Apps from time to time to add new features and/or correct bugs. You shall ensure that you are using the most recent version of the App that is compatible with your device. We cannot guarantee that you will be able to use the most recent version of the App on your device.

Submissions

Subject to the terms and conditions of the KristiLearn.com Privacy Policy, when you submit data and/or post communications on the site (collectively “Submissions”), you grant to KristiLearn.com and Kristi Learn Coaching & Consulting, an irrevocable, perpetual, royalty-free, worldwide right (including moral right) and license to use, reproduce, display, distribute, modify and create derivative works of Submissions, in whole or in part, and to incorporate Submissions into other works in any media and utilizing any technology now known or later developed. You warrant that you have all rights, and no third party has retained any such rights, (including moral rights) in and to Submissions you may post to the site.

Links to Third Party Sites

The KristiLearn.com site may be linked to other sites that are not owned, operated, or managed by Kristi Learn Coaching & Consulting. We provide these links to you only as a convenience, and KristiLearn.com is not responsible for the content or links displayed on these third party sites.

Third Party Content

Some information and content may be provided by third parties to KristiLearn.com (“Third Party Content”). The Third Party Content is the copyrighted work of the creator/licensor, KristiLearn.com, and Kristi Learn Coaching & Consulting.

You agree that you will only display the Third Party Content on your personal computer for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), alter, edit, manipulate or enhance any of the Third Party Content in any manner.

KristiLearn.com disclaims all express, implied and statutory warranties and conditions with regard to third party content. This includes, but is not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Unauthorized Activities

Unauthorized use of any Materials or Third Party Content contained on this site may violate certain regulations and laws. You shall indemnify and hold KristiLearn.com and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all damages, costs, expenses, and liabilities, including attorneys’ fees, that KristiLearn.com or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party in the event that your use of the site or the use of the site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.

Copyright Notice

All information, data, and screens appearing on KristiLearn.com, including web pages, documents, site design, DFY Webinars, text, graphics, logos, images and icons, and the selection and arrangement thereof, are the sole property of KristiLearn.com and Kristi Learn Coaching & Consulting, Inc. unless otherwise specified. You do not acquire any ownership rights by using the WebinarFuel Service. For more guidelines on using the name or logo, please contact us.

All rights not expressly granted herein are reserved worldwide. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material on the site is strictly prohibited without the express written consent of the copyright holder, except as otherwise required by applicable law.
Disclaimer of Warranties

Your use of this site, the Materials and/or the products and services is at your own risk. You assume all risks of using this site, the Materials and/or the products and services. KristiLearn.com does not warrant the accuracy or timeliness of the materials or the Third Party Content contained on this Site. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by KristiLearn.com, and they may not be current or may include inaccuracies or typographical errors.

KristiLearn.com shall have no liability for Materials and/or Third Party Content that is not current or for any errors or omissions in the Materials and/or the Third Party Content, whether provided by KristiLearn.com or our licensors. KristiLearn.com does not guarantee that you will achieve any economic return or benefit from the use of the Materials.

KristiLearn.com, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with the site, the products and services or any Materials or Third Party Content, relating to the quality, suitability, truth, accuracy, currency or completeness of any information or material contained on the site. This includes, without limitation, the Materials and the Third Party Content.

KristiLearn.com disclaims and excludes any and all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the site, the products and services, the Materials, Third Party Content, and any information or material contained on the site is provided to you on an “as is,” “as available” and “where is” basis with no warranty of any kind.

Limitation of Liability

In no event shall KristiLearn.com be liable to you or any third party for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if KristiLearn.com and Kristi Learn Coaching & Consulting, have been advised of the possibility of such damage.

KristiLearn.com’s aggregate liability to you or any third party for any damages resulting from your displaying, copying, or downloading any material on the site or reliance on the information and/or material presented on the site shall not exceed one hundred dollars ($100.00).

Local Laws and Export Control

If you use this site outside the United States of America, you are responsible for compliance with all applicable local laws. KristiLearn.com controls and operates this site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations.

Dispute resolution by mandatory binding arbitration and class action waiver.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at info@KristiLearn.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, the DPA, the Affiliate Agreement, or your relationship with us that cannot be resolved through such informal process shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision. The arbitration will be conducted by a single neutral arbitrator in the English language in a location mutually agreed upon by the parties. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions, the Privacy Statement, the DPA, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or KristiLearn.com.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and KristiLearn.com agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. Both parties expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the one hundred and twenty (120) day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with KristiLearn.com, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

Consequences of Violation

If you violate these terms, KristiLearn.com may terminate your access to the site or Password-Restricted Areas without notice. KristiLearn.com prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these terms, as determined by KristiLearn.com, will result in immediate termination of your access to the site or Password-Restricted Areas.

KristiLearn.com reserves the right to terminate any password-restricted account for any reason. These terms are governed by California Law and controlling U.S. Federal Law, without regard to the choice or conflicts of law provisions. If any of these terms is found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.

KristiLearn.com’s failure to enforce any of these terms is not a waiver of such terms. These terms are the entire agreement between you and KristiLearn.com and supersede any and all prior or contemporaneous agreements and understandings between you and KristiLearn.com and Kristi Learn Coaching & Consulting. It is the express wish to the parties that this agreement and all related documents be written in English.

Contact Us

These terms may not be modified except pursuant to a written amendment that is executed by an officer of KristiLearn.com and Kristi Learn Coaching & Consulting. We welcome your questions or comments regarding the Terms: Kristi Learn Coaching & Consulting. 14781 Pomerado Road, Suite 591 Poway, CA 92064 email team@kristilearn.com. 619-933-1862

Effective as of 10/1/2023