Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.helenekiser.com website (the "Service") or purchasing its products (“Products”) operated by Helene Kiser ("us", "we", "our," or “Consultant”).

Your (“Client”) access to and use of the Service and Products is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service or Products.

By accessing or using the Service or Products, you agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have permission to access the Service or Products.

Links to Other Websites

Our Service or Products may contain links to third party web sites or services that are not owned or controlled by Helene Kiser.

Helene Kiser has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Helene Kiser shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

Consultant may terminate or suspend your access to the Service or Products immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including Client becomes disruptive to the Consultant or other Service or Product participants, if Client fails to follow the Service and Product guidelines, or if Client otherwise violates this Agreement, including but not limited to a breach of the Terms. Client shall not be entitled to a refund of any portion of the Service or Product fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification & Resolution of Disputes

You agree to defend, indemnify, and hold harmless Helene Kiser and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service or Products, or b) a breach of these Terms. 

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Service or Products. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Washington, DC.

Limitation Of Liability

In no event shall Helene Kiser, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service or Products; (ii) any conduct or content of any third party on the Service or Products; (iii) any content obtained from the Service or Products; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service or Products is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service or Product is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Helene Kiser, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service or Product will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service or Product is free of viruses or other harmful components; or d) the results of using the Service or Product will meet your requirements.

Client understands Helene Kiser is not an employee, agent, ghostwriter, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist, or accountant. Client understands that Consultant has not promised, shall not be obligated to, and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including, but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling, or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) provide legal or copyright advice; (7) introduce Client to Consultant’s network of contacts, media partners, or business partners. Client understands that a relationship does not exist between the parties after the conclusion of the Service or Product. If the Parties wish to continue their relationship, they shall execute a separate agreement.

Terms of Participation

By using or purchasing Helene Kiser’s Products, Services, Programs, or Courses (“Service” or “Product”), the following Terms and Conditions are entered into by Helene Kiser, LLC (“Consultant”, “we”, “us”, or “our”) and You (“Client” or “You”), with express agreement to the follow Terms stated herein.

Product/Service

Helene Kiser (herein referred to as “Helene Kiser” or “Consultant”) agrees to provide Service or Product identified in online commerce shopping cart. As a condition of participating in the Service or Product, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Service or Product, the Consultant shall provide to Client a password protected program area that will include such items as live sessions, video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this program area for as long as the program area exists. In the event that the Consultant intends to close the program area, it shall provide Clients with a 30-day notice and the ability to download the resources contained in the program area. Periodically, the Consultant will make updates to the core program which is what is referred to as “Lifetime Access” in our marketing materials.

From time to time, the Consultant will offer bonuses to Clients who sign up for a Product. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the product, and they vary depending on specific live and automated promotions throughout the year.

Fees

In consideration of Your access to the Product, you agree to pay the fees identified in online commerce shopping cart.

If a payment plan is offered and selected, Client must pay the initial payment immediately, with the remining balance paid according to the payment plan described. Client will remain responsible for those payments unless you obtain a refund according to the Refund Policy below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, Helene Kiser shall immediately suspend your access to the Product.

Methods of Payment

Regarding recurring payments and outstanding invoices: If all eligible payment methods Helene Kiser has on file for you are declined for payment of your outstanding fee(s), you must provide a new eligible payment method promptly or your Product access will be removed.

If a payment plan was offered and selected, you hereby authorize Helene Kiser to charge your credit card or debit card automatically according to the terms set forth when signing up for the Product.

Refund Policy

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply the Product strategies. Helene Kiser provides a no questions asked, 7-day money-back guarantee for the Product. 

In the event that you decide the Product is not a fit for you within 7 days of purchase, contact helene@helenekiser.com by the 7th day at 11:59 pm EST and let us know you’d like a refund. After 11:59 pm EST on day 7, any and all payments are non-refundable, and you are responsible for the full payment of any payment plans.

If you do not request a refund within the 7-day refund term of the Product, you are required by law to complete any and all remaining payments of your payment plan, your membership will automatically continue, and you authorize Helene Kiser (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method Helene Kiser has on record for your account.

If you receive a refund through this 7-day money-back guarantee, that shall immediately terminate any and all licenses granted to you to use the material provided to you under this Agreement and Helene Kiser’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, templates, documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by Helene Kiser. To further clarify, we will not provide refunds for requests made after the 7th day at 11:59 pm EST from your date of purchase, and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

If you have any questions or problems, please let us know by contacting us at helene@helenekiser.com.

Confidential Information

Consultant respects the privacy of its clients and will not disclose any information you provide except as set forth in this Agreement. As a condition of participating in the Product, you hereby agree to respect the privacy of other Product participants and to respect Helene Kiser’s confidential information.

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Consultant and any third-party forums operated by the Consultant. Any material you post on the Consultant’s website or in any third-party forums operated by the Consultant may become public.

Specifically, you shall not share any information provided by other Product participants outside of the bounds of the Product unless you receive express written permission from such other participant to share the information. Similarly, the content of the Product contains Consultant’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to you in the Product with anyone other than the Consultant, its owners and employees, and other Product participants.

Consultant acknowledges and agrees that all Client information used within the Product, including, without limitation, content, writings, work product, audio tapes, notes, and diagrams, is of great value to Client. Accordingly, Consultant agrees not to divulge to anyone, either during or after the term of this Agreement, any Client confidential information obtained by Consultant. Consultant may only disclose confidential information to third parties when required by law or upon the express written consent of Client. Likewise, Client accepts sole responsibility and liability for all Client content and its usage. 

Intellectual Property & Content Ownership

All content included as part of the Product, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in or for the Product, is the property of the Consultant or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Consultant name, the Consultant logo, the Consultant slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Consultant or its affiliates or licensors. You must not use such marks without the prior written permission of the Consultant. All other names, logos, product and service names, designs and slogans in the Consultant are the trademarks of their respective owners.

Your participation in the Consultant does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Consultant, you agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Product content and resources. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Product.

The Consultant content is not for resale. Your participation in the Product does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Consultant and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Consultant or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Consultant’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate Helene Kiser’s intellectual property rights, your access to the Product and program area will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

All rights, title, interest, and liability in the following shall be the sole and exclusive property of Client, including: (i) All Client-generated materials, including but not limited to word files, power point presentations, tapes, and completed documents, the completed project and/or other product resulting from this effort; (ii) The content of the subject matter of the project provided by Client; (iii) Any ideas, works, documentation, or notes conceived related to the project and provided by Client; (iv) All writings on behalf of Client by Consultant related to or associated with the project; and (v) All Client work product related to the project. To the extent that ownership of the items stated above do not automatically vest in Client, Consultant hereby transfers and assigns to Client all rights, title, interest, and liability in and to the same, whether or not copyright applications are filed thereon.

Independent Contractor Status

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Consultant is agreeing only to provide Client with access to the Product, which provides education and information. The information contained in the Product, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional or legal advice.

Force Majeure

The Consultant shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Consultant including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Severability/Waiver

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Miscellaneous

Client agrees to absolve and does hereby absolve Helene Kiser of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Product and/or any information and resources contained in the Product. Client agrees that the Consultant shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Product.

The information, software, products, and service included or available through the Product may include inaccuracies or typographical errors. Changes are periodically added to the information in the Product. The Consultant and/or its suppliers may make improvements and/or changes in the Product at any time.

The Consultant and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Product for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Consultant and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Consultant and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Product, with the delay or inability to use the Product or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Product, or otherwise arising out of the use of the Product, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Consultant or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Product or any portion of it, your sole and exclusive remedy is to discontinue using the Product.

Assignment

Client may not assign this Agreement without express written consent of Consultant.

Minimum Guarantees

Unless otherwise noted, all products come with a 7-day guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service or Products and supersede and replace any prior agreements we might have had between us regarding the Service or Products.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. All modifications shall be posted on Helene Kiser’s website and purchasers shall be notified.

By continuing to access or use our Service or Products after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service or Products.

Contact Us

If you have any questions about these Terms, please contact us at helene@helenekiser.com.