Terms & Conditions:
By visiting kathyfranktraining.com, you consent to the following Terms and Conditions.
Welcome to Kathy Frank Training (The Website). Kathy Frank Training is an informational website owned and operated by Kathy Frank of Virginia Beach, Virginia.
A refund for Online Training Services may only be provided prior to submission of Intake Form. Once Kathy Frank Training, LLC has received the Intake Form(s), the design of your first phase of programming has begun.
Refunds for multi-month programming packages will not be provided should you choose to discontinue the program after Intake Form(s) submission. In the event of extenuating circumstances beyond your control, it will be up to the discretion of Kathy Frank Training, LLC whether a refund will be provided. Kathy Frank Training, LLC will does their best to work with you and make any necessary accommodations should a unique event occur.
For those on an automated payment renewal plan, refunds for completed renewal charges will not be issued if Kathy Frank Training,LLC has not received cancellation notice 2 weeks prior to renewal date (for those on an automated payment renewal plan).
Refunds for any Training Guides, Resource Materials/PDF products will not be given since downloadable link is always accessible after purchase.
I. INTELLECTUAL PROPERTY
II. WEBSITE ACCESS AND USE
1. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
2. Circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Website or Website Content;
3. Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website or Website Content for any purpose without the express written permission of Kathy Frank . Notwithstanding the foregoing, Kathy Frank, d/b/a Kathy Frank Training grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
4. Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
5. Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
6. Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
7. Decompile, reverse engineer, or disassemble any portion of any the Website;
8. Use network-monitoring software to determine architecture of or extract usage data from the Website;
9. Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership without permission, etc.);
10. Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
11. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
III, User Content provided by you through your use of membership
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.
IV. CONDITIONS FOR LINKING TO WEBSITE
V. USER REGISTRATION
A. In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information to this Website.
B. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a Membership), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at email@example.com of any breach of security or unauthorized use of your Membership.
VI. WEBSITE CONTENT & THIRD PARTY LINKS
A. We provide the Website including, without limitation Website Content for entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
B. In some instances, Website Content will include content posted by a third- party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
C. The Website may contain links to other Websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party Websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party Websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their Website.
VIII. DISCLAIMERS Y
OU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. KATHY FRANK TRAINING, LLC.DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
INDIVIDUAL WEIGHT LOSS AND FITNESS RESULTS MAY VARY. THERE IS NO GUARANTEE OF SPECIFIC RESULTS. KATHY FRANK TRAINING MAKES NO EXPRESSED OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL KATHY FRANK TRAINING BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. KATHY FRANK TRAINING'S LIABILITY HEREUNDER, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR SERVICES UNDER THIS AGREEMENT. THIS SHALL BE THE CLIENT'S SOLE AND EXCLUSIVE REMEDY
IX. LIMITATION ON LIABILITY
B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF KATHY FRANK, AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY KATHY FRANK DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.
C. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
B. If you become a registered user, you may terminate your Membership at any time by sending an e-mail to firstname.lastname@example.org
XI. CHOICE OF LAW
XII. AMENDMENT; ADDITIONAL TERMS
The information provided in any downloadable Resource Guide or Training Program is intended for general reference purposes only and is not intended to address specific medical conditions. Do not use the information provided within this guide to diagnose or develop a treatment plan for a health problem or a disease without consulting a qualified health care provider. This information is not a substitute for professional medical advice. Prior to participating in any exercise program or activity, you should seek the advice of your physician or other qualified health professional. No health information within this guide should be used to diagnose, treat, cure or prevent any medical condition. The instructions and recommendations contained within this guide and e-mail are in no way intended to replace or to be construed as medical advice and are offered for informational purposes only.