Terms and conditions

Terms and Conditions

IMPORTANT NOTE: By using this website and/or purchasing any of Kelli Underwood’s Programs, Products, and/or Services, you are voluntarily agreeing to these Terms & Conditions, and you are legally agreeing that you have read, understand, and fully consent to the terms below. I reserve the right to change these Terms and Conditions on the Websites at any time without notice, and by using the website and its content, you agree to the T&C as they appear, whether you have read them. If you do not agree with these T&C, please do not use this website or its content or purchasing any of our Programs, Products, and/or Services.

You must be at least eighteen (18) years of age and have the legal ability to agree to these Terms & Conditions; thus, if you are under the age of eighteen (18) or you do not agree to terms below, STOP now, and do not use our website, blog, e-mails, social media, videos, programs, services, and/or products (collectively “website, Programs, Products, and/or Services”).

By accessing or using Kelli Underwood’s website, Programs, Products, and Services by any means or for any reason, you implicitly agree to the following Terms and Conditions (“T&C”).

Please read carefully. By purchasing our Programs, you (herein referred to as “user”) agree to the following terms stated herein.

The user understands that a relationship does not exist between the parties after the conclusion of this program and that the programs and products on the website are educational and are not psychotherapy. If the parties choose to enter a different business relationship, a separate agreement will be entered into.  Kelli Underwood has a separate written agreement for anyone becoming a counseling client. 

Online Commerce

If the user elects to pay for any programs or services by monthly installments, the user authorizes Kelli Underwood, To Be Aligned to charge the user’s credit card or debit card. If the user elects to pay in full, the user may pay by credit card or debit card.
All monthly payments must be made on a timely basis. If payments are late, the user agrees to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate permitted by law, whichever is greater.

This website or its content may allow you to make purchases from another merchant or me. If you make a purchase from us on or through our website or its content, information may be collected by me, the merchant, and my payment processing company. Information that may be collected includes your name, address, method of payment, credit card number, and billing information.

Your participation, correspondence, or business dealings with any affiliate, individual, or company found on or through my website, all purchase terms, conditions, representations, or warranties associated with payment, refunds, and delivery of your purchase, are solely between you and the merchant.

You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from mine. I have no responsibility or liability for these independent policies of the payment processing companies and merchants. Additionally, when you make certain purchases through our website or its content, you may be subject to the terms and conditions of a payment processing company, merchant, or me that apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.

You release me, my affiliates, my payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against them or us, arising from your purchase through or use of this website or its content.

No Transfer of Intellectual Property

The Company’s Programs and Products are copyrighted and the original materials that have been provided to the user are intended for the user’s individual use only as a single-user license. The user is not authorized to use any of Kelli Underwood, To Be Aligned’s intellectual property for the user’s business purposes. All intellectual property, including Kelli Underwood, To Be Aligned’s copyrighted Products, Programs, website design, layout, graphics, images, materials, data, and/or course materials, shall remain the sole property of Kelli Underwood, To Be Aligned. No license to sell or distribute Kelli Underwood, To Be Aligned’s materials is granted or implied. They are protected by United States intellectual property laws. If you have purchased a service, program, product, or subscription or otherwise entered into a separate agreement with me, you are subject to the terms of that agreement or those terms of use. 

By purchasing a Product or Program, the user agrees;

1. When you purchase or access our website or any of its content, you agree that
2. You will not copy, duplicate, or steal my website or content. Doing anything with my website or its content contrary to these T&C and the limited license provided is considered theft. I reserve the right to prosecute theft to the full extent of the law. 
3. Where downloads are permitted, you may download or print one copy for your personal, non-commercial use, provided you give Kelli Underwood full attribution and credit by name. You agree to keep intact all copyright, trademark, and other proprietary notices. If used electronically, you must include the link back to the website page where you obtained the content
4. You may not in any way at any time use, copy, adapt, imply, or represent that my website or its content is yours or created by you. By downloading, printing, or otherwise using our website content for personal use, you in no way assume any ownership rights of the content. Claiming any content from my website as your own is theft.
5. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium any content from this website.
6. You are granted a limited license to enjoy my website and its content for your personal use, not for business, commercial purposes, or any way that earns you money. As a Licensee, you understand and acknowledge that I have developed this website and its content through the investment of significant time, effort, and expense and that this website and its content are valuable, special, and unique assets of mine, protected from improper and unauthorized use.
7. I clearly state that you may not use this website or its content in a manner that constitutes an unlawful infringement of my rights. The trademarks and logos displayed on my website, or its content are trademarks belonging to Kelli Underwood unless otherwise indicated. Any use, including framing, meta tags, or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without my written permission.
8. I reserve all rights not expressly granted in these terms or any express written license.

Request for Permission to Use content

Any request for written permission to use my content, or any other intellectual property or property belonging to me, will be made before you wish to use the content by completing the “Contact” form on this website. You may also submit a request by sending an e-mail to Kelli@KelliUnderwood.com

I clearly state that you may not use any content in any way that is contrary to these T&C unless I have given you specific written permission to do so. If permitted, you agree to use the explicit content that I allow and only in the ways I have explicitly stated. If you choose to use the content in ways that I do not specifically permit, I will treat you as if you had copied, duplicated, and stolen such content from me. You consent to stop using the content immediately, and you will take whatever actions I may request, and by the methods and timeframe that I prescribe to protect the intellectual property and ownership rights of my website and its content.

Personal Responsibility and Assumption of Risk

As a Licensee, you agree that you are using your judgment in using my website and its content. You are doing so at your own risk. You agree and understand that you assume all risks related to this website and content, and results are not guaranteed. This website and its content are merely to provide you with education and tools to make your own decisions for yourself. You are solely responsible for your actions, decisions, and results based on the use, misuse, or non-use of this website or any content.

Website Disclaimer

My website and its content are for informational and educational purposes only. To the fullest extent permitted by law, I expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with my website and its content. I am not liable for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, incorrect application of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however, and whether caused by negligence, breach of contract or otherwise, even if foreseeable.

You expressly acknowledge and agree that I am not liable for any defamatory, offensive, or illegal conduct of any other website participant or user, including you.

Medical Disclaimer

This website and its content are not to be perceived as or relied upon in any way as medical advice and is not a substitute for medical advice. I am not a nutritionist, dietician, personal trainer, M.D., psychiatrist, pharmacist, nurse, or neuroscientist. 

None of this information should be considered a promise of benefits, a claim of cures, a legal warranty, or a guarantee of results to be achieved. This information is not a substitute for advice from your physician or other healthcare professionals. You should not use this information for diagnosis or treatment of any health problem or prescription of any medication or other treatment. Consult with a healthcare professional before altering or discontinuing any current medications, treatment, or care, starting any diet, exercise, or supplementation program, or if you have or suspect you might have a health problem.

1. I take full responsibility for my expectations of all programs and products by Kelli Underwood. I recognize that Kelli Underwood has not made any claims or promises of healing a physical illness or condition and that this work is complementary to a well-rounded, holistic approach to healthy living.

1. I, for myself and on behalf of my heirs, assigns, personal representative and next of kin, RELEASE, INDEMNIFY AND HOLD HARMLESSKelli Underwood, To Be Aligned, employees, and other participants in any educational offering, including experiential tools and tips,, concerning ANY AND ALL INJURY, DISABILITY, DEATH. I KNOWINGLY AND FREELY ASSUME ALL RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELATED PARTIES, or others, and assume full responsibility for my participation.

Technology Disclaimer

I try to ensure that the availability and delivery of this website and its content are uninterrupted and error-free. However, I cannot guarantee that your access will not be suspended or restricted from time to time. Technology interruptions may include repairs, maintenance, or updates. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or any other recourse, should our website or its content become unavailable, slow, or incomplete due to any reason. Technology is subject to system back-up procedures, internet traffic volume, upgrades, an overload of requests to the server, general network failures or delays, or any other cause which may make my website or its content inaccessible to you.

Errors and Omissions

I have made every effort to present you with the most accurate, up-to-date information and to reference sources.  I assume no liability for errors or omissions on the website, its content, or other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

Links to Other Resources

I may provide links or references to other websites and publications maintained by third parties, which may take you outside of my website or its content. I provide external links for your convenience. The inclusion of a link or reference does not imply endorsement, sponsorship, or approval of the source. I do not endorse and am not responsible for the views, opinions, facts, advice, statements, errors, or omissions provided by external resources referenced in my website or its content, or their accuracy or reliability. I have no control over the contents or functionality of those websites and accept no responsibility for any loss, damage, or otherwise, that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

You may establish a hypertext link to my website or content. The link will not state or imply any sponsorship, endorsement, or ownership with my website or content and does not state or imply that I have sponsored, endorsed, or have ownership rights in your website.

You may not frame or inline link my content without my written permission.

Independent Contractor Status

Nothing in this agreement is to be construed as the creation of a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the way such personnel performs hereunder. Under no circumstances shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

Force Majeure

In the event that any cause beyond the reasonable control of either Party—including and without limitation; natural disasters, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, Government-instituted travel advisory, labor strike, or civil disturbance—make it inadvisable, illegal, or impossible for Kelli Underwood, To Be Aligned to perform its obligations under this Agreement, either due to unreasonable increased costs or risk of injury, Kelli Underwood, To Be Aligned’s performance shall be extended without liability for the period of delay or inability deemed necessary to perform due to such occurrence.

Severability/Waiver

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

Miscellaneous Items:

LIMITATION OF LIABILITY. The user agrees to use of Kelli Underwood, To Be Aligned’s services at their own risk and that the Products and Programs are services being provided for educational purposes only. The user releases Kelli Underwood, To Be Aligned, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assignees, instructors, guides, staff, Participants, and any other related entities in any way, as well as the venue at which any Programs are being held (if applicable) and any of the venue’s owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, actions, causes of action, contracts, claims, suits, costs, demands, and damages of whatever nature or kind in law or in equity arising from the user’s purchase of Products or participation in any Programs. The user accepts any and all risks, foreseeable, or unforeseeable. The user agrees that Kelli Underwood, To Be Aligned will not be held liable for any damages of any kind resulting from or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages in the use or misuse of Kelli Underwood, To Be Aligned’s services or enrollment in any Programs. The Company assumes no responsibility for errors or omissions that may appear in any program materials.

Release of Claims

In no event will I be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on my website and its content, or on those affiliated with me in any way, and you now release me from all claims. Without limitation, those claims related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if I am advised of the possibility of such damages or difficulties.

Your conduct

You agree that you will not use my website or its Conduct in any way that causes or is likely to cause the website, content, or access to them to be interrupted, damaged, or impaired in any way.

You understand that you are solely responsible for all electronic communications and content sent from your computer to this website and its content and me.

You agree to only purchase goods or services for yourself or for another person for whom you have legal permission to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the website or its content.

You agree to use the website and its content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes. You must use the website and its content for lawful purposes only.

You agree that you will not use the website or its content in any of the following ways:

• For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
• To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others
• To send, negatively impact, or infect our website or its content with software viruses or any other harmful or similar computer code designed to affect the operation of any computer software or hardware adversely, commercial solicitation, chain letters, mass mailings, or any spam, whether intended or not
• To cause annoyance, inconvenience, or needless anxiety
• To impersonate any third party or otherwise mislead as to the origin of your contributions
• To reproduce, duplicate, copy or resell any part of my website or its content breaching these T&C or another agreement.

Non-disparagement

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein. The parties agree that neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither the user nor any of the user’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize, or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support, or participate in any of the foregoing), any remark, comment, message, information, declaration, communication, or other statements of any kind, whether verbal, written, electronically transferred, or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, Kelli Underwood, To Be Aligned or any of its services, products, programs, members, owners, directors, officers, affiliates, subsidiaries, employees, agents, or representatives.

Assignment

The user may not assign this Agreement without the express written consent of Kelli Underwood, To Be Aligned.

Modification

Kelli Underwood and To Be Aligned may modify the terms of this agreement at any time. All modifications shall be posted on Kelli Underwood, To Be Aligned’s website and purchasers shall be notified.

Kelli Underwood and To Be Aligned is committed to providing all users with a positive experience. By purchasing a Product or Program, the user agrees that Kelli Underwood, To Be Aligned may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate the user’s participation in any Programs without refund or forgiveness of monthly payments if the user becomes disruptive to Kelli Underwood, To Be Aligned or Participants, fails to follow Program guidelines, is especially difficult to work with, impairs the participation of the other Program participants, or upon violation of these Terms and Conditions as determined by Kelli Underwood, To Be Aligned. Upon such a termination, the user will remain fully liable for the total contracted payment amount.

Indemnification

The user shall defend, indemnify, and hold harmless Kelli Underwood, To Be Aligned and its officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expenses whatsoever—including and without limitation; claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements—which may be incurred or become obligated arising out of or resulting from the offering for sale, the sale, and/or use of the Products or Program(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement, sole negligence, or willful misconduct by Kelli Underwood, To Be Aligned, or any of its shareholders, trustees, affiliates, or successors. 

The user shall defend Kelli Underwood and To Be Aligned in any legal actions, regulatory actions, or the like arising from or related to this Agreement. The user recognizes and agrees that all of Kelli Underwood, To Be Aligned’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of Kelli Underwood, To Be Aligned. In consideration of and as part of the payment for the user’s right to participate in any of Kelli Underwood, To Be Aligned’s Programs, the undersigned, their heirs, executors, administrators, successors, and assignees do hereby release, waive, acquit, indemnify, defend, hold harmless, and forever discharge Kelli Underwood, To Be Aligned and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assignees, and any of the training instructors, guides, staff, or students taking part in any Programs, services, or training in any way, as well as the venue at which any Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands, and damages of whatever nature or kind in law or in equity arising from the user’s purchase of any Products or Services, or participation in any Programs.

Resolution of Disputes

If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the North Carolina Arbitration Association. All claims against Kelli Underwood, To Be Aligned must be lodged within one hundred (100) days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of the user, the user is responsible for any and all arbitration and attorney fees.

Equitable Relief

In the event that a dispute arises between the parties for which monetary relief is inadequate and by which either party may suffer irreparable harm in the absence of an appropriate remedy, the injured party may apply to any court of competent jurisdiction for equitable relief, including and without limitation a temporary restraining order or injunction.

Privacy Policy

For each unregistered visitor to our Web page, our Web server automatically recognizes the consumer’s IP Address, but not the e-mail address (where possible).

We keep all customer information confidential. By you providing your personal information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep such information safe and secure.Your information is stored through Simplero’s data management system. Your information can only be accessed by those who help manage that information and by using our website, you are granting us that right.

We may send marketing messages to you if you have okayed that. You can always opt-out.

We may disclose personal information if required to do so by law or in the good-faith belief that it is necessary to (a) comply with legal process served on us, our partners, sponsors, investors, or affiliates; (b) protect and defend our rights or property or those of our customers; or (c) to protect the personal safety of our users or the public. Otherwise, we try our best to keep your information safe and secure.

Note that whenever you voluntarily make your personal information available for viewing by third parties online, such as on blogs, message boards, emails, or in chat areas, the information you share also can be seen, collected and used by third parties, and therefore, we cannot be responsible for any use of the information that you voluntarily share. Same goes with your password. Don’t share it with others.

If we need to use customer information in any additional ways not previously disclosed, or If our information practices change at some time in the future, we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically.

Data being processed and your rights

We collect information volunteered by the consumer, such as the e-mail addresses of those who communicate with us via e-mail, mail or telephone, aggregate information on what pages consumers access or visit, and additional information volunteered by the consumer, such as survey information and/or site registrations.

The information we collect is used to improve the content of our Web page, shared within the organization for purposes of promoting & selling our services. Your information will not be shared with other organizations for other commercial purposes.

We also store incidental information, such as IP addresses and clicks on links in emails or, in some cases, visits to websites.

We are processing this data to send you emails or text messages that you have requested, and to make offers for products that you are likely to be interested in. You may request that we stop sending you more information, or that we delete the information that we have on you.

You have a right to access your personal data.

At any point you may ask us to delete your information.

GDPR stuff

Your data records until they're explicitly deleted, either because someone asked us to be forgotten. The Simplero website platform uses Stripe, a HIPPA compliant payment service.  Simplero stores records in a database running behind several layers of security. In the event of a data breach, we will promptly communicate this to you via your stored email address. 

Privacy Shield 

Simplero website platforms utilizes Powerful Through Grace, Inc. which is compliant with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Any complaints about the collection or use of personal information should be directed to Kelli@KelliUnderwood.com

We are required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Anonymous data collection and use

To maintain our website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the website. Your IP address is the number assigned to computers connected to the Internet. This is essentially "traffic data" which cannot personally identify you – it is all anonymous – but it is helpful to us for marketing purposes and for improving our services.

Use of "cookies"

We may use the standard "cookies" feature of major web browsers. Cookies are small pieces of data stored on your computer that contain information about the user. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our website other than cookies.

Cookies help us learn which areas of our website are useful and which areas need improvement. You may choose to disable cookies through your web browser’s settings. 

Cookie information is only used when communicating with users as per their indicated preferences and as needed for service-related communications. Third party content that may be displayed on our site may also contain their own cookies, but we have no access to or control over any information collected by third parties through our website.

DUTY TO READ

I, do hereby accept that under this agreement, I have a duty to read this sales agreement and disclosure policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.

If you do not understand or agree with any part of these conditions, please do not use these products or programs. 

By accessing this website, I acknowledge and agree to the terms and conditions contained here.