Terms and Conditions
The following Terms and Conditions govern the Agreement between You (the purchaser of the program (“Program”)) and Kale Houser Leadership LLC, and its affiliates, sub-contractors, or assigns, with a mailing address of 591 Evernia Street, #2510, West Palm Beach, Florida 33401 USA (“Kale Houser Leadership LLC”), attached hereto and entered into effective as of the date of Your signature on the Agreement (“Effective Date”). You and Kale Houser Leadership LLC are each referred to as a “Party” and collectively as the “Parties.”
1. PAYMENT TERMS. You authorize Kale Houser Leadership LLC to process the credit card information you have provided to Kale Houser Leadership LLC, in the amount set forth on the Agreement, for the Program. You acknowledge and agree that Program services do not include travel or lodging, and such travel or lodging expenses incurred by You shall be Your sole responsibility and shall be in addition to any Fee for the Program.
2. NO RIGHT TO REFUND. Because You will start to receive the Program services immediately, You understand and agree that You shall have no right to receive any refund for any reason or at any time, even if You cancel Your Program services. You further understand and agree that if You should fail or refuse to avail Yourself of any Program services, You shall not be entitled to any refund.
3. NO INCOME CLAIMS. You agree that [Your Company Name] has not made any promise, guarantee, or other representation with respect to Your future income or gains resulting from the provision of Program services, and that You have not been induced to enter the Agreement as a result of any income claims.
4. INTELLECTUAL PROPERTY. Kale Houser Leadership LLC retains all right, title and interest in any and all intellectual property related to or associated with the Program services, including without limitation: (a) trademarks and copyrights; and (b) any other proprietary right arising under the laws of the United States. You understand and agree that neither the Agreement nor the provision of Program services by Kale Houser Leadership LLC shall constitute a transfer, assignment, or license of any intellectual property rights from or by Kale Houser Leadership LLC. You acknowledge that the content of the Program services, including without limitation the materials and information provided to You as education, is confidential and proprietary to Kale Houser Leadership LLC; accordingly, You agree that You shall not communicate the teachings, materials, or information acquired or learned from Kale Houser Leadership LLC to any other person.
5. CONTACTS. By signing the Agreement and providing Your credit card information, You agree that Kale Houser Leadership LLC may call and text You regarding Your account information and regarding other offers, products, and services, including through the use of automated dialing equipment and pre-recorded messages, and that this consent is not a condition of purchase.
6. INDEMNITY. You agree to protect, defend, indemnify and hold harmless Kale Houser Leadership LLC, its officers, directors, employees or their invitees, from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your receipt of Program services or actions taken in response thereto. Your indemnity obligation includes, but is not limited to, any claim for personal injury sustained while traveling to or attending any seminar or other in-person training provided by Kale Houser Leadership LLC to You.
7. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL KALE HOUSER LEADERSHIP LLC’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT PAID BY YOU TO KALE HOUSER LEADERSHIP LLC IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO ANY CLAIM BY YOU. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
8. FORCE MAJEURE. Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement, neither Party shall be responsible to the other for any delay, damage, or failure caused by or occasioned by any act of God, act of nature or the elements, terrorism, insurrection, or any other causes (except financial) beyond the control of either Party.
9. YOUR REPRESENTATIONS. You represent and warrant that: (a) You operate a business in good standing, and are purchasing Program services for Your existing business; (b) there are no prior or pending government investigations or prosecutions against You, nor any prior or pending lawsuits against You; and (c) You agree to notify Kale Houser Leadership LLC immediately if any investigation or lawsuit is threatened or filed against You, whereupon Kale Houser Leadership LLC shall have the right to terminate the Agreement and these Terms and Conditions without liability.
10. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Kale Houser Leadership LLC shall be resolved exclusively in final and binding arbitration before a single arbitrator selected by Kale Houser Leadership LLC within a reasonable time of You giving notice of arbitration to Kale Houser Leadership LLC. Arbitration shall be held in Palm Beach County, Florida. You agree not to file suit in any court against Kale Houser Leadership LLC, any of its affiliates, subsidiaries, officers, directors, or employees. The arbitration will be subject to the rules of the American Arbitration Association and the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The decision of the Arbitrator will be final and binding on the Parties, subject to appeal only under the FAA, and may be reduced to a judgment in any court of competent jurisdiction. You agree that each Party shall bear its own costs and attorneys’ fees in any arbitration or litigation, regardless of which Party, if either of them, is deemed the prevailing party. Any claim must be brought in arbitration within one (1) year of the claim arising or forever be barred. This agreement to arbitrate survives any termination or expiration of the Agreement as well as bankruptcy or insolvency of either Party. Nothing in these Terms and Conditions prevents Kale Houser Leadership LLC from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Kale Houser Leadership LLC’s interest prior to, during, or following the filing of any arbitration or other proceeding.
11. WAIVER OF CLASS ACTION You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement, or Kale Houser Leadership LLC. Claims brought against Kale Houser Leadership LLC may not be joined or consolidated with claims brought by anyone else.
12. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the state of Florida without regard to any choice of law provisions.
13. SEVERANCE. In the event any provision of the Agreement or these Terms and Conditions is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and these Terms and Conditions, as so modified, shall continue in full force and effect.
14. NO ASSIGNMENT. The Agreement cannot be assigned by You to another Party without the express written consent of Kale Houser Leadership LLC.
