TERMS

TERMS & CONDITIONS
TRACI & KAYLA

The Inspired Lifestyle / 90 Day Makeover: Body Edition / The Lifestyle Design Strategy / All Albums / Coaching

Our Programs, Products, Memberships, Services and Courses are owned and operated by Traci & Kayla , LLC (“Company”, “we” or us”). The Term “you” refers to any purchaser, member and/or user of any of our Programs, Products, Memberships, Services and Courses. By purchasing your entrance to any of our courses you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of another person. If you have any questions please email us at [email protected]

We reserve the right to modify these terms at any time, so please back periodically for any changes. By using these Sites or ordering a Product after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these terms, please do not use this Site or any of our Sites.

Acceptance of Terms

Traci & Kayla, LLC Internet site and all related sites, including, but not limited to, mobile applications (the “Sites), and the various content, features, and services offered on and in connection with these sites and applications are owned and operated by Modern Soul Society, LLC, a California limited liability company (the “Services”) and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.

Conditions & Use of Website

Information Provided on Website: All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.

Confidentiality and Non-Use of Proprietary Materials

The tools, processes, strategies, materials and information presented on our Sites and in our Products are proprietary. By accessing the Sites and/or our Products, you agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our proprietary concepts, materials, and intellectual property by you or your representatives is prohibited, and we will pursue legal action and full damages if these terms are violated in order to protect our rights.

Privacy Policy

As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Traci & Kayla LLC.  By way of example, and not as a limitation, you agree not to:intentionally or unintentionally violate these Terms of Use, other applicable agreement with Traci & Kayla LLC, and any applicable local, state, national or international law, and any rules and regulations having the force of law; use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights; use the Sites and Services or its Content for any purposes not authorized by this Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation; or reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Traci & Kayla, LLC, which consent may be withheld by Traci & Kayla, LLC, in our sole discretion.

Publication & Distribution Content & Disclaimer

The information, services, products, claims, and materials on our Sites and in our Products are provided “as is” and without warranties of any nature or kind, either expressed or implied. Under no circumstances willTraci & Kayla, LLC, be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Sites and Services. You waive the right to bring or assert any claim against Traci & Kayla, LLC, relating to Content, and releaseTraci & Kayla, LLC, from any and all liability for or relating to any Content. Traci & Kayla, LLC, has no obligation to review, monitor, or remove any Content or other materials, except as required by law.

Disclaimer:

Our Programs, Products, Services, and Course Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication 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 specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.

Medical Disclaimer

Our Programs, Products, Services, and Course Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

Legal and Financial Disclaimer

Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials. You are solely responsible for your results.

Trademarks & Copyrights

Traci & Kayla, LLC, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Traci & Kayla, LLC, in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Traci & Kayla, LLC, and/or its licensors and are protected by all United States and international copyright laws.

Important Notice Regarding Coaching and Professional Advice

The information contained in or made available through the Sites and/or in our Products, including but not limited to information contained on our blogs, e-books, videos, MP3’s, and other written or audio-visual materials, as well as information imparted during group or individual coaching sessions, cannot replace or substitute for the services of trained and licensed professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor or other licensed health care professional in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.

By accessing our Site and/or using our Products, you affirm and acknowledge that life coaching and coaching/mentoring are not forms of or substitutes for counseling, psychotherapy, mental health care or other medical or healthcare intervention of any kind. Traci Hines and Kayla Hines and any other coaches, speakers or teachers are not, and do not claim to be, licensed medical or mental health professionals of any kind, and coaching is not a licensed activity in the State of California or any other jurisdiction. If you are currently under the care of a medical or mental health professional, it is your responsibility to consult with that person regarding the advisability of working with a coach. If at any time you feel the need for professional counseling, you agree to promptly seek the assistance of a licensed professional.

In addition, participating in coaching entails risks associated with a challenging program of personal growth and development, including risks of mental or emotional upset as well as risks that may not be foreseeable when you begin a coaching/mentoring engagement. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance. By purchasing a coaching Product and participating in coaching, or any of our programs, you freely and voluntarily assume all such risks and you acknowledge and agree that you are responsible and accountable for your decisions, actions and results in life, and you agree not to attempt to hold any Company Release liable for any such decisions, actions or results, at any time, under any circumstance.

Sales Policy

The purchase of all digital products, courses, eBooks, pdf downloads, MP3 downloads and online content is subject to the following terms and conditions. All customers are advised to review these terms and conditions carefully before making any purchase.

All digital products, eBooks, pdf downloads, resource material, videos and online content are subject to copyright protection. Each digital product, ebook, pdf download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person. In some cases, Traci & Kayla, LLC, may encrypt, force password and/or stamp license details, and disable copying on its digital products to ensure additional safety.

Payments for Online Purchases

Payment for your online purchases shall be made via credit card, Paypal, Stripe or other approval payment method, as specified at the point of payment. We will charge your credit card the purchase price, including all fees for shipping, if applicable, and all applicable taxes, immediately or, if you have elected an optional payment plan, in accordance with the payment plan schedule provided at the point of purchase. All prices and other dollar amounts are listed in U.S. Dollars.

By placing an order with us, you represent and warrant that the credit card or payment account that being used is yours and/or that you are duly authorized to use the account, and you agree to indemnify and hold harmlessTraci & Kayla, LLC, and each of its shareholders, officers, directors, employees, contractors, coaches, representatives and agents (each, a “Company Release” and collectively, the “Company Releases”) from any and all damages or losses of any nature or kind, including attorneys’ fees, that any Company Release may incur arising from any breach of or inaccuracy in the foregoing representation and warranty.

Every effort has been made to ensure the accuracy of prices, items, and availability of Products available through our Sites; however, typographical or clerical errors do occur. Accordingly, we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. Images of Products on the Sites are for illustrative purposes only; actual Products may differ from such images.

By placing an order withTraci & Kayla, LLC, you warrant that you are at least 18 years old (or have parents' permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed for the sale and supply of any products. None of these terms & conditions affect your statutory rights.

Return, refund and cancellation policy:

All Sales are Final.
All purchases of products, group and individual coaching programs, including the ebook(s), are final and non-refundable. We cannot and do not make any guarantees about your ability to get results with our ideas, information, tools or strategies. Our methods are proven, but you are responsible for their ongoing implementation. Without ongoing commitment to Traci & Kayla, LLC, method results will be unpredictable and we can’t force you to commit to our practices. We, however, strive to help by giving great content, direction, and strategies.

All the products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content is a promise or guarantee of results, and we do not offer any medical, legal or other professional advice. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.

Subject to full compliance with these Terms of Use, Traci & Kayla, LLC, grants authorized users a nonexclusive, nontransferable, sub-licensable, terminable license to access and use the Sites and Services for your personal use.

Should you consider your situation to be a very special circumstance get in touch with us and we shall consider your individual request based on our legal guidelines. In the event that we do issue a refund, your access to the Products will be revoked.

Delivery policy:

Products are delivered via your membership site, Facebook group, email and other means. Scheduled calls and recordings will be made available as soon as possible for those unable to attend the calls.

Traci & Kayla, LLC, reserves all other rights.

Traci & Kayla, LLC, provides no guarantee of availability of the web server or hosting of the Products. Traci & Kayla, LLC, will make commercially reasonable efforts to provide availability. In the event of continued unavailability, Traci & Kayla, LLC, will make commercially reasonable efforts to make the Products available to download locally.

Any Products which are purchased on a subscription basis will be subject to the following:

• “Monthly” subscriptions will be charged each month on the same day as the day of the month when subscription was first activated. IF payment isn’t made on due day, your membership will be paused for 5 days, and then cancelled. If you wish to restart your membership after it has been cancelled you will need to pay the initial registration fee all over again.

• “Annual” subscriptions will be charged each year on the same day and month as the day and month as when subscription was first activated.

• If the charge is scheduled for a day that does not exist in the month being charged (for example the 31st June), then the charge will instead occur on the last day of that month.

AGREEMENT/TERMS & CONDITIONS

This Agreement outlines the responsibilities and commitments for Traci & Kayla, LLC,

and the member of this course. If you have any questions please email us at

[email protected]

This Agreement is between Traci & Kayla, LLC, and Purchaser/Member, Support Staff, Kayla Hines or Traci Hines will be referred to as “Coach”,

“I”, “we’, “us”, and Purchaser/Member will be referred to as “Client” or “you”

throughout this Agreement.

PAYMENT

If you are paying in full, you will receive the lowest price. If you are making payments, there is a slight increase due to the higher level of administration involved with processing payments. If you have opted in a payment plan option, your payments will automatically be charged to your credit card over the following months. By making the first payment, you are giving us permission to automatically charge you for each of the subsequent payments for the full program. You also agree to inform us of any updates to your credit card information.

Course fees are non-refundable. If you decide to cancel for any reason after the fifteen day grace period from the date you sign up, you will still be responsible for payment in full.

Without prejudice to any other right or remedy that I may have, if you fail to pay me on the due date(s), I may:

Charge interest on such sum from the due date for payment at the annual rate of 4% above the prime rate and compounded quarterly until payment is made, whether before or after any judgment and you shall pay the interest immediately on demand; and

Suspend all Services until payment has been made in full.

All sums payable under this Agreement shall become due immediately on termination of this Agreement, despite any other provision. This clause is without prejudice to any right to claim for interest under the law, or any such right under this Agreement.

ROLES
We will be working together in the capacity and terms of the product or coaching package you purchase. During the services, we agree to support you as a guide, mentor, and coach with due care, intuition, skill and ability.

CONTACT/COMMUNICATION

All communication can be directed via email. You can reach us at the following emails:

[email protected]

[email protected]

[email protected]

Our sessions will be held on Zoom and you will receive a replay video link to Vimeo.

CONFIDENTIALITY

As you know, this is a personal experience. We acknowledge that during our time together, we will have access to Confidential Information relating to you and your situations, and we agree to a Confidentiality Clause. We will keep this information private (except with ethical duties to disclose self harm or harm to others). We will not disclose any information to third parties. By purchasing this course you agree to this confidentiality agreement.

Any information you disclose either on group calls or in the private session is bound by this confidentiality agreement.

You will also be in a group format where you will be privy to private information in the group. You also agree to keep the private information disclosed in the group in confidence. There will be no tolerance of anyone using information gained in the group to hurt or harm anyone else in the group. This includes slander, talking about others, attempting to split the group with “mean girl” mentality. We have no problem removing people from the course that display malice or bad intent to others in the group. There will be no refund if you are asked to leave the group and you will be required to pay the program balance in full.

INTELLECTUAL PROPERTY/COURSES/SESSIONS

You acknowledge and agree that your personal information will be processed by Traci & Kayla, LLC, support staff, Kayla Hines, or Traci Hines.

You understand that we, Traci & Kayla, LLC, are the owner or licensee of all Intellectual Property Rights and all other rights to the materials and content that we use in the classes, on sessions, magazines, ebooks, and videos and nothing within this agreement or otherwise shall transfer the ownership of the Intellectual Property Rights in such material or content to you or any other person.

During our time together, you may request additional personal and private sessions (at additional cost). You may not copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way of the content or materials that we use in group or private coaching. Basically, our sessions are private. Do not show others our sessions, group course work, or classes. You may not share private or group recordings with any outside parties. This means spouses and friends too. You may not make any other audio or visual recordings without prior written consent.

DISCLAIMER

The relationship between us will be that of independent contractor and nothing in these Terms shall render me your employee, worker, agent or partner.

You agree to take full responsibility for your mental, emotional, spiritual, medical and financial health and all decisions made during and after your program. You accept full responsibility for the results, and expressly assume the risks of the course for your use, or non-use, of the information provided by us. You also understand that you are expressly assuming all of the risks of the course, whether or not such risks were created or exacerbated by the course.

Medical Disclaimer:

We explicitly state that we are not a medical health practitioner, psychologist, therapist, certified financial advisor, or spiritual counselor, and do not claim to be in any way before, during or after your time with us. Nothing contained in our offerings are intended to be a substitute for medical diagnosis or treatment. This program is not meant to be a substitute for financial or legal advice that would be provided by your accountant or attorney.

You fully and completely release us and any other staff, team members, consultants, advisors and/or assistants from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you had, now have or will have in the future against us arising from or incurred by you as a result of you entering into the Contract and me providing the Services.

My total liability under any law or in relation to the performance (or contemplated performance) of the Contract shall in all circumstances be limited to the total price paid by you for the Services.

If we are prevented from or delayed in performing my obligations by your act or omission or by any circumstances outside my control, we shall not be in breach of the Contract or liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

The provisions of this clause shall survive termination of the Agreement.

INTELLECTUAL PROPERTY/RECORDING/PHOTOGRAPHY

We may record, photograph or film all or portions of a course/program/event and reserve the right to do so for the purposes of future courses/programs/events and/or promoting future courses/programs/events or otherwise. You consent to us recording, photographing or filming (“Recording”) you without any fee payable to you. This consent includes Recordings of your participation in our live events, webinars, online courses, offline courses, presentations and otherwise (“participations”) and includes your past, present, and future participations.

You acknowledge and agree that we shall be entitled to edit, copy, add to, adapt or translate Recordings at our discretion and, in respect of the Recordings, you hereby irrevocably waive in favor of us, our assignees and licensees the benefit of all moral rights and performers’ rights arising under the Copyright, Designs and Patents Act 1988 or similar rights arising under the laws of any jurisdiction.

You agree that we may use such Recordings of you for purposes including and without limitation, promotion of future programs, events and/or courses and to create content for future programs, events and/or courses.

ENTIRE AGREEMENT AND PREVIOUS CONTRACTS

These terms constitute our entire agreement and understanding between us and supersede any previous arrangement, understanding or agreement between us relating to the provision of the Services.

This Agreement may be modified of amended at any time if the amendment is made in writing and signed by both of us. You may not assign your rights of obligations under this Agreement to any party.

In entering the Contract you have not relied on anything said by any person (including any third party) relating to the provision of the Services.

In the event that any of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement.

GOVERNING LAW/JURISDICTION

The Contract and any dispute or claim arising out of the Contract shall be construed according to the laws of the State of California and Monterey County.

In the unlikely event of a dispute, we each irrevocably agree to submit to binding arbitration before a single arbitrator who is mutually selected and paid for jointly in accordance with the American Arbitration Association Rules.

By joining any of our Courses or Coaching, you acknowledge that you have read, understand, agree to and accept the terms of this Agreement. We will honor them in our coaching relationship and are committed to giving this process our full commitment.

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