Terms of service.

KATHERINE de BODA, LLC

THIS DOCUMENT IS ENFORCEABLE EVEN  IF THE “USER” (PERSON) DOES NOT READ THE ENTIRE DOCUMENT

Welcome to the web site of Katherine de Boda, LLC..  By using the Site you agree to be bound by the Terms of Use set forth below. Use of the Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.

These Terms of Use apply to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with us, unless otherwise directed by us. If you breach any of these terms and conditions, your authorization to use the Site automatically terminates and you must immediately discontinue use of the Site.

Collection of Visitor Information

Any information collected at the Site is governed by our Privacy Policy, unless otherwise stated. 

Copyright

All content, software, and technology included on the Site or used in the operation of the Site is the owned or licensed property of  Katherine de Boda, LLC or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Katherine de Boda, LLC and protected by U.S. and international copyright laws. Katherine de Boda, LLC grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Site is strictly prohibited.

Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of Katherine de Boda, LLC and others. Nothing on the Site shall be construed as granting any license or right to use any Trademark displayed on the Site without the prior written permission of the Trademark owner. Other product and company names mentioned in the Site may be the Trademarks of their respective owners.

 Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on the Site or used in the operation of the Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Katherine de Boda, LLC. Any use of these rights without the prior written notice is strictly prohibited.

Accuracy

Information on the Site may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Katherine de Boda, LLC reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice.

Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. KATHERINE de BODA, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE NAMES. KATHERINE de BODA, LLC MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. KATHERINE de BODA, LLC MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE OF THE PROGRAMS TAKEN ARE AT YOUR SOLE RISK.

Limitation of Liability

IN NO EVENT SHALL EITHER KATHERINE de BODA, LLC OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

USER AGREES AND ACKNOWLEDGES THAT USER IS FULLY AWARE THAT PARTICIPATION IN THIS ACTIVITY MAY INVOLVE RISKS AND  ACCEPTS ALL THE RISK OF PARTICIPATING. USER WILL PROGRESS AT USERS OWN PACE AND USER UNDERSTANDS THE PHYSICAL PRIOR TO LIMITATIONS SO USER IS SUFFICIENTLY SELF-AWARE TO STOP PHYSICAL ACTIVITY BEFORE BECOMING ILL OR INJURED. USER UNDERSTANDS THAT IT IS USERS RESPONSIBILITY TO CONSULT WITH A PHYSICIAN PRIOR TO AND REGARDING TO PARTICIPATION IN ANY FITNESS PROGRAM OFFERED BY KATHERINE DE BODA, LLC. IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN ANY CLASSES PROVIDED USER KNOWINGLY,  VOLUNTARILY AND EXPRESSLY WAIVES ANY CLAIM USER MAY HAVE AGAINST KATHERINE DE BODA, LLC FOR INJURIES OR DAMAGES.  THAT USER MAY SUSTAIN AS A RESULT IN PARTICIPATING IN ANY PROGRAMS OFFERED.   USER ACKNOWLEDGES THAT THEY SHALL NOT NOW, OR ANYTIME IN THE FUTURE, BRING ANY LEGAL ACTION AGAINST KATHERINE DE BODA, LLC AND/OR  ANY OTHER PERSON WHO MAY TEACH ONLINE, AND THAT THIS WAIVER IS BINDING ON USER, HEIRS, MY SPOUSE, USERS CHILDREN, USERS LEGAL REPRESENTATIVE, MY SUCCESSORS AND ASSIGNS. IF USER IS PREGNANT OR BECOMES PREGNANT OR USER IS POSTNATAL, USER CONFIRMS THAT USER IS PARTICIPATING IN THE DIFFERENT PROGRAMS AT KATHERINE DE BODA,LLC WITH THE FULL APPROVAL OF USERS PHYSICIAN. IF YOU ARE UNDER 18 YOU MUST HAVE THE PERMISSION OF YOUR PARENT OR LEGAL GUARDIANS APPROVAL.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Under no circumstances whatsoever shall Katherine de Boda, LLC aggregate liability resulting from or relating to your use of the Site or programs exceed Five Dollars ($5.00).

Prohibited Activities & Visitor Obligations

As a visitor or user of the Sites you shall not:

  • violate any applicable law or regulation;

  • upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;

  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;

  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;

  • engage in any activities or manipulate identifying material to misrepresent the origin of content;

  • Post any content that is subject to any disclosure restrictions;

  • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;

  • Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

  • use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;

  • Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;

  • interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;

  • disrupt or interfere with the operation of the Sites by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;

  • disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;

  • use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without Katherine de Boda's prior, express, and written permission; or

  • use the Site for commercial purposes.

You agree that you are solely responsible for the Post of any content that you make available on or send through the Site (“User Content”). In addition to the rights granted to Katherine de Boda, LLC elsewhere in these Terms of Use, you hereby grant Katherine de Boda, LLC the irrevocable right to copy and use User Content in connection with the Site and for the purposes related to your Post of the User Content. Although Katherine de Boda, LLC has no obligation to screen, edit or monitor any of the User Content or user conduct on the Site, Katherine de Boda, LLC reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Site at any time and for any reason without notice. Your User Content may be available on the Site for a limited period of time, as determined by Katherine de Boda, LLC in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By the Post of User Content to the Site, you represent and warrant that (a) the User Content is non-confidential, is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Sites and to grant the rights to Katherine de Boda, LLC, you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.

Indemnification

You agree to indemnify, defend, and hold Katherine de Boda, LLC and its successors and assigns harmless from, against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that Katherine de Boda, LLC incurs or suffers which relate to your use of the Site or participation in any and all Programs, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use, subject to different and additional terms of use and privacy policy terms and conditions.

Changes to Terms of Use

Katherine de Boda, LLC may revise these Terms of Use at any time without notice. Any use of the Site following the date on which changes to these Terms of Use or the Privacy Policy are published on the Site shall constitute your acceptance of all such changes. You expressly agree that Katherine de Boda, LLC shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

 Payment

You authorize Katherine de Boda, LLC and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Site. You represent and warrant that you are the only one who will make payments in connection with the Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Katherine de Boda, LLC are nonrefundable, with the exception of illness, and then a Doctors notice will suffice, or extenuating circumstance. The program will then be prorated. An agreement made to exchange for a future program may also be possible. Depending on the price of the program exchanged, a difference in cost may be due. This will be decided on a case by case basis.

The completion of each program is the responsibility of the User, Katherine de Boda, LLC is not responsible for the life events of the User or any lack of motivation or discipline. It is the responsibility of the User to reach out to Katherine de Boda, LLC immediately if they require support. We can be reached at k_deboda@yahoo.ca

Private online or in person classes are subject to a 24 hr cancelation policy. If cancelled after 24 hrs, the full amount of the session is due. Honouring the 24 hr cancelation policy lets us know we are a respected member of your health and wellness network.

We acknowledge that emergencies happen and this will be decided upon a case by case basis.

For Bachelorette or large group events, cancelation is needed 10 days before the scheduled event for a full refund. 5 days before the event, a full refund minus a 30% administration fee, after that the full amount is due.

General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.

Any failure by Katherine de Boda, LLC to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of Arizona without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with Katherine de Boda, LLC, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Arizona litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Arizona Courts agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Arizona Courts has exclusive  jurisdiction for all disputes relating to these Terms of Use.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Sites in any such jurisdiction. You are responsible for compliance with applicable laws.

Contact

For questions or comments related to the Site or these Terms of Use, please email us at  info@katherinedeboda.com.