Terms & Conditions
Effective date: December 27, 2023
Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website ("Site"), you signify your consent to these terms of use ("Terms"). If you do not agree to these Terms, please do not use the Site or enroll in a Program.
Your access to and use of this website, as well as all related websites operated by Kristin L Kons (the "Company") (which includes www.kristinlkons.com among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms”) and all applicable laws. The Company reserves the right to modify, alter, amend, or update these Terms and its products or programs. These Terms are subject to change without notice.
Digital Items
Digital Items purchased from Kristin L Kons are delivered via electronic mail after purchase. In some instances, your digital item may also be available for download from our member portal accessed at www.kristinlkons.com/login.
Refunds
Refunds for digital items are not available.
PROGRAMS AND MEMBERSHIP
On the Site, you may purchase enrollment into various programs hosted by Company, including Vitality Blueprint (“VB”). The following terms apply to the Programs and Membership.
By enrolling in the Program(s) or Membership, you agree that you are 18 years of age or older.
Vitality Blueprint
You may enroll in Vitality Blueprint through the Site.
As a participant in VB, you will receive access to:
- The VB portal ("Portal"), which houses all VB Course Materials;
- The VB Community group
- Weekly group coaching calls, which are held via Zoom. All calls are recorded and stored in the VB portal.
- Company's online materials ("Materials") for VB, which includes videos and may include other documents, like templates or workbooks.
1 Year Access
You shall have access to the VB Materials for 1 year from the date of access.
Payment
When you purchase enrollment in VB, you will elect to pay in full or through a monthly payment plan. If you select the monthly payment plan, you agree that you will be responsible for making all payments due, until the full amount due is paid in full. You will be required to keep an active credit card on file for the duration of the payment plan.
When you provide your credit card, you are giving Company permission to charge your credit card for all payments due.
If, at any time, your payment cannot be completed due to a change in credit card number, your access to VB will be suspended. Your access will be restored upon completion of your payment.
Refunds
Refunds are not available for VB.
You acknowledge that you have reviewed this refund policy and you are aware that no refunds are available. We do not tolerate chargebacks or disputes on valid charges under these terms. If you fail to pay, Company reserves the right to send these amounts to a collection agency for processing, which may result in a negative impact to your credit score.
A $300 administrative fee will be withheld for any cancellations.
Price adjustments during promo periods are authorized if purchased within 7 days before the promotional period began.
License to use VB Materials
The VB Materials were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission from the Company.
Termination of Your VB Enrollment
Company reserves the right to terminate your access to VB at any time for any reason. If the termination is due to a breach of these Terms, no refund will be due to you. If there is no breach, Company will provide you with a pro rata refund on any fees for the billing period.
Community Guidelines
You agree to abide by all Company community guidelines when you participate in the VB Community
Coaching
By enrolling in a Program or Membership, you understand that the Company focuses on coaching principles, which helps an individual change the way they think. While the coaching may include conversations about health, business, personal experience, or mindset, it is not therapy. Additionally, the Programs and Membership should not be viewed as health or business advice. Instead, coaching is designed to allow you to take action in your health or business with increased knowledge and understanding of new principles and how they might impact your health or business.
DISCLAIMER
The Programs, Membership, and Materials were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided in the Programs, Membership, and Materials. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Programs, Membership, and Materials.
You understand and agree that there is no guarantee that you will see positive results using the techniques and materials provided in the Programs, Membership, and Materials. Company assumes no management responsibility for your decisions or practices that you implement based on the Programs, Membership, and Materials. Company makes no guarantee about your future success based on your participation in the Programs or Membership or your use of the Materials.
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided in the Programs, Membership, or Materials.
Content Disclaimer
From time to time, the Site, Programs, Membership, or Materials may discuss topics related to health, finance, or business management. This information is not advice and should not be treated as advice from a licensed professional. The information provided on the Site and in the Programs, Membership, or Materials is provided "as is" without any representation or warranties, express or implied. The Company makes no representations or warranties in relation to this type of content.
You must not rely on the information on the Site, Programs, Membership, or Materials as an alternative to advice from a licensed professional, such as a doctor, health professional, lawyer, accountant, or financial planner. There is no professional-client relationship created from the publication of this information. You should never delay seeking professional advice, disregard professional advice, or discontinue professional services as a result of any information provided on the Site or in the Programs, Membership, or Materials.
Assumption of Risk
You understand that making changes to your health or business carries a risk, which may lead to positive or negative results. If you implement changes based upon any information provided in the Programs, Membership, or Materials, you are doing so at your risk and you do so with full knowledge and acceptance of such risks.
Testimonials
From time to time, the Company may use testimonials in its marketing. These testimonials are examples of what has happened to past participants in the Programs. Their results may not be typical and you may not see similar results.
The Company reserves the right to take screenshots of content you contribute to any Program or Membership Facebook Group for use in the Company's marketing. Company will remove all names or identifying photos prior to posting the content. The Company will obtain your authorization prior to posting any content that includes your name, likeness, or other identifying details.
Community Guidelines
The Programs and Membership contain group elements, such as the private Facebook Group for participants and group coaching calls, where content may be contributed or uploaded and you may interact with other participants. The following types of contributions will not be tolerated and will be deleted:
- harassment directed toward any content creator or Company;
- Spam;
- hate speech;
- defamatory statements regarding Company or any third party;
- references to illegal acts;
- contributions that may violate the legal rights of a third party; or,
- Any other contribution which Company, in its sole discretion, determines to be a violation.
Company's sole discretion will be used to determine if a member is in violation of these policies. Any member in violation will be deleted promptly and will no longer be able to access the Program or Membership Community Group or may be banned from participating in group coaching calls. No refund will be due to a member who has been removed for a violation of this policy.
Company reserves the right to other types of posts in the Community group, which will be provided in the specific Program or Membership Community Group rules which are updated and listed in the Program or Membership Community Group.
Community Safety & Integrity. You understand that the safety and integrity of our communities is paramount and is part of the significant value of the community.
General Legal Terms Related to Your Use of the Site and the Programs
- You agree that the Site, the Program and Materials, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Kristin L Kons, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
- All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms.
- All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark, "Vitality Blueprint", are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
- While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, Program, Materials or Company Content, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site, Program, Materials, or Company Content.
- When you register with the Company and/or this Site, or enroll in the Program, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email. It is your responsibility to ensure that your email address remains current.
- If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
- The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
- The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, https://courses.kristinlkons.com/terms-conditions, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
- NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN HEALTH OR FINANCES AS WELL AS EXECUTING YOUR OWN HEALTH OR BUSINESS AND SERVICES. YOUR RESULTS ARE ENTIRELY DEPENDENT ON YOUR OWN EFFORTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR HEALTH PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR HEALTH, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
- THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
- IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
- You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
- The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- This agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Fort Mill, South Carolina. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
- NO GUARANTEES OF HEALTH OR INDIVIDUAL RESULTS
As may be set forth more fully in the Disclaimer sections above, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Site or Program or not. The Company provides educational and informational resources that are intended to help users of this Site and Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
- By ordering or participating in the Program, you agree that the Program 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 the Company.
By ordering or participating in the Program, you further agree that you shall not create any derivative work based upon the Program and you shall not offer any competing products or services based upon any information contained in the Program.
Contact Us
If you have any questions, concerns or complaints about these Terms & Conditions, please contact us:
- By email: [email protected]