Terms, Conditions and Privacy Policy (Effective January 1, 2022)

 

This document sets forth the terms and conditions for accessing the The Kelee^® Online – ‘Free Your Mind’ Course (the Course) and also sets forth our policies regarding the privacy of certain information provided by you to us. The Course is provided by thekelee.com (us or we) and is only available for streaming from thekelee.com website (the Site).  Please read these terms and conditions carefully. By creating an account or purchasing a license to view the Course, you acknowledge that you have read, understood and agree to be bound by these terms and conditions (the Terms).  If you do not agree to these Terms, you may not maintain an account nor view any portion of the Course.

1.     Changes to Terms

a.     We reserve the right to update or modify the Terms at any time without prior notice. The Terms that will apply to you are the terms and conditions that are available on the Site pertaining to the Course when you create your Account. Your continued use of your account or viewing of the Course following any such amendments will be deemed to be confirmation that you accept those amendments.

2.     Registration of Account

a.     The Site may provide a preview for the Course which may be viewed free of charge and without creating an account.  However, you may not view any portion of the actual Course without first purchasing a license for the Course and creating your own account on the Site.  At the time you create your account, you must also provide a password in order to obtain access to that account.  In order to establish an account, you must be at least 18 years of age.  

b.     When creating your Account, you may be asked to provide your personal details including your email address. This information will assist us in providing the Course to you.

c.     You warrant that all information and data provided by you in the registration of your account is accurate, complete and up to date. You agree to promptly inform us if there is any change to this information or data.

d.     You will be fully responsible for all acts and omissions of any person using your password or accessing your account, as if they were your own acts and omissions. You agree that you will not share, disclose, or permit disclosure of, your password, let anyone else access your account or do anything that would risk the security of your account. We will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of your password or account, and you will indemnify us against all loss, damage, claims, costs or demands in this regard.

e.     You alone are authorized to watch the Course via the Site at the IP address provided at the time you opened your account (or such other IP address subsequently provided to and approved by us).  You agree that you will not let any other person watch any portion of the Course using your account without our prior written consent, which consent may be withheld in our sole discretion.  You agree to notify us immediately if you become aware of anyone else using your account to view the Course of for any other purpose.  

3.     Products and Information

a.     Your use of the Course is, at all times, entirely at your own risk. We will use reasonable efforts to ensure that any information in the Course is complete, reliable and up to date. Notwithstanding this, neither us, nor any third party make any warranties or guarantees as to the accuracy, timeliness, completeness, performance or suitability of the Course. You acknowledge that the Course may contain errors or inaccuracies and we will have no any liability with respect to such errors or inaccuracies.  Where any such inaccuracies or errors do occur, we may correct that information without any liability to you or any third party.

b.     We do not make any guarantee as to suitability of the Course. The Course description contains general information only. It is your responsibility to determine the suitability of the Course for you and we shall have no all liability in this regard.  The Course is not intended to provide medical or psychological advice nor is it intended to alleviate any medical or psychological condition that you may have.  You should consult with your own medical or psychological advisors before determining if the Course is suitable for you.

c.     Upon payment, you will be permitted to view the Course, at periodic intervals of your choosing, for a period of up to 180 days from the time of the initial grant of a license to view the Course.  During such period of time, you may watch the Course up to three times.  We reserve the right to, at our sole discretion, limit the number of viewings of the Course at any time and for any reason. We do not warrant that this Site and the Course provided on the Site will be uninterrupted, free from errors, defects, viruses or other harmful components. From time to time the Site may contain links to other third party websites. We do not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites and we expressly exclude any liability which may arise from your use of or access to those third party websites.  Nothing contained in this document or on our Site shall be construed to give you any ownership interest in any part of the Course.

d.     Notwithstanding anything else in these terms, we will not, under any circumstances be liable to you or any other user of this Site or the Course for any direct, indirect, incidental, punitive, special or consequential damages whether based on contract or tort arising out of your use or inability to use this Site or view the Course.

4.     Choice of Law, Arbitration of Disputes

a.     In the event of any unresolved disagreement between you and us (a Dispute) upon demand by either you or us, the Dispute shall be settled by the following binding arbitration process.  A Dispute includes any and all forms of disagreement between you and us, including without limitation disagreements based on contract, tort or other wrongful action, as well as disagreement grounded in statutory, common law or equitable claims.  A Dispute also includes any disagreement about the meaning or application of this arbitration provision.  This arbitration provision shall remain in effect after the payment or closure of your account.  You understand that you and we are each waiving the right to a jury trial or to a trial before a judge in a public court.  The arbitration of a Dispute shall be administered in San Diego County, California by a three person panel of arbitrators.  Such arbitrators shall administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.  Judgement on any arbitration award may be entered in any court having jurisdiction.  The existing of this arbitration provision shall not preclude any party from seeking provisional remedies in aid of arbitration from a court located in San Diego County, California.  Any arbitrator shall be a member in good standing of the state bar where the arbitration is held with expertise in the substantive laws applicable to such Dispute.  The results of such arbitration shall be kept private by you and us except to the extent that disclosure may be required by applicable law.   These terms and conditions shall be governed by and construed and enforced in accordance with the substantive laws of the State of California, U.S.A. without regard to conflict of laws principles.

5.     Intellectual Property

a.     The Site and the Course contains materials that are owned by or licensed to us. These materials include, but are not limited to the Course, and the design, layout, look, appearance and graphics of the Site, and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. The term Kelee is a registered trademark licensed to the Site.  You may not, directly or indirectly , use, reproduce, transfer, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the Course, content or materials contained on this Site.

b.     You may not create a link to this Site from another website without our prior written consent.

c.     Each Course is licensed to a single user only.  You may not copy, distribute, publish, exploit for personal or commercial use, share or transfer the Course to any third party or person. In our discretion, we may encrypt, force password and/or stamp license details (including customer name, address etc) on the Course.  You may not display the Course to any third party or permit any third party to watch the Course.

6.     Payment and Taxes

a.     Online payment for the Course is made using a third party vendor selected by us from time to time.  All transactions are shown in US dollars. All prices quoted on the Site are in US dollars ($USD) and exclusive of any state, local or federal taxes.  Any such state, local or federal taxes imposed with respect to the purchase by you of the Course shall be paid by you in addition to the quoted cost for the Courseitself.   We do not retain any credit card or similar financial information derived from your purchase of the Course.  Such information may be retained by our third party vendor and you should review the terms and conditions used by such third party vendor to preserve and protect the privacy of your financial information.  We shall have no liability for any disclosure by such third party vendor of your financial information.

7.     Collection of Personal Information

a.     Person Information:  Under our current operations, we only collect and retain your email address, the type of browser you are using, the type of operating system used by your computer and the domain name of your internet service provider.  As with most online businesses, we may also collect and retain log information about your access and use of our Course, including through the use of Internet cookies, your communications with the Site.  If in the future we expand the personal information collected and retained about you, we will notify you accordingly.

b.     Your opinion and feedback:  We may contact you to voluntarily respond to questionnaires, surveys or market research to seek your opinion and feedback. Providing this information is optional to you.  We may use a third party conduct such questionnaire, survey or market research, in which case you should review the terms and conditions and privacy provisions followed by such third party.  We will have no liability with respect to the actions of any such third party.

8.     Use of Person Information

a.     We collect and may use your personal information described in paragraph __ above for the following purposes:

                                                i.     For internal record keeping;

                                                ii.     Identifying and understanding user needs;

                                                iii.     To contact and communicate with you, on behalf of thekelee.com, including by commercial electronic messages including email; short message service (SMS);

                                              iv.     For market research, business development and marketing including direct marketing on behalf of thekelee.com;

                                               v.     To customize, improve and ensure proper functioning of our Course and business;

                                              vi.      To offer additional benefits to you; and

                                             vii.     To send you promotional information about third parties that we think you may find interesting.

9.     Disclosure of Your Personal Information 

a.     We may disclose your person information:

                                                 i.     For the purpose of providing the Course to you;

                                                 ii.     To courts, tribunals, regulatory authorises, and law enforcement officers as required by law; and 

                                              iii.     To third party service providers who assist us in providing information, products or services to you.

10.  Your Rights Regarding Person Information:  We will hold your personal information subject to the California Consumer Privacy Act, as amended from time to time (CCPA).  To the extent required to comply with CCPA, you may request that we revise or delete your personal information, or remove you from any marketing communications from us, by sending an email to us at:  [email protected].

11.  Cookies & Web Beacons:  We or third party service provider selected by us may use cookies on this Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information. However, once you choose to furnish us or the third party service provider with personally identifiable information, this information may be linked to the data stored in the cookie. Cookies are used to understand Site usage and to improve the content and offerings on the Site.                 For example, to personalise an experience at a web page (e.g., to recognise you by name when you return to the Site), and save your password in password-protected areas. We may use web beacons on this Site from time to time. Web beacons or clear.gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

12.  Storage and Security:  We take reasonable steps to ensure that the personal information collected from you is accurate, up to date, complete and stored in a secure environment and accessed only by authorised personnel. Personal information is stored in password-protected databases maintained by a third party service provider. Login and session handling is built in to the application used by such third party service provider. The file storage and database are backed up on a regular basis. Pages that deal with a user’s account recheck for a valid login upon loading, destroy the session and redirect to require a new login, if no valid login is found. If we become aware of a breach of security, we will notify affected users and we will cooperate with authorities regarding the breach. No information transmitted over the Internet can be guaranteed to be secure. We cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this document.

13.  Links to other websites:  Our site may contain links to other websites of interest. We do not have any control over those websites. We are not responsible for or liable for the protection and privacy of any information, which you provide whilst visiting such websites and such websites are not governed by this document.