Kelly Friesen 

Terms and Conditions of Use

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (collectively with any amendments hereto, "TERMS AND CONDITIONS"). BY USING THIS WEBSITE YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR KELLY FRIESEN’S PRODUCTS AND SERVICES.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE KELLY FRIESEN’S PRODUCTS OR SERVICES.

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site(s). The Terms and Conditions displayed on the Site(s) at the time the order is accepted will apply to the order.

Welcome to the Web site(s) of KELLY FRIESEN. These Terms and Conditions govern and apply to your ("you" or "your") access to and use of the Site(s) and their related domains on which these Terms and Conditions appear, any order you place through any of the Site(s), an—as applicable—your use of other products or services of Kelly Friesen. You must read these Terms and Conditions carefully before placing an order or using the Site(s). By using the Site(s), and/or placing an order through the Site(s), you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any product or service through or otherwise use the Site(s). The Terms and Conditions may be changed in the future without further notice. Your continued use of the Site(s) and/or other products or services of Kelly Friesen after any such changes constitutes your acceptance of the new Terms and Conditions. These Terms and Conditions apply to your access to and use of the Site(s), any order you place through any of the Site(s), and to all products and services we supply, produce, distribute, or market. To the extent of any express inconsistency with any other agreement you may have with Kelly Friesen for products, services, or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Site(s).

User Conduct

You must only use the Site(s) for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Site(s). You may not without our prior written consent:

In using the Site(s), you further agree:

In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Site(s). We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site(s). We have the right to remove any material or posting you make on the Site(s) if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.

Content Uploaded to the Site(s)

In the event that you upload any photographs, comments, video clips, or other media to the Site(s) (the "Uploaded Content"), Kelly Friesen has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Web site(s), in perpetuity throughout the world as Kelly Friesen in its sole discretion sees fit without further consent or payment. Kelly Friesen has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Kelly Friesen has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Kelly Friesen may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Kelly Friesen’s sole discretion. Kelly Friesen is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.

Users of the Site(s) must only post uploaded content that is owned by, and features, themselves, and no other third parties.

Use of Recordings

In the event of live recordings, including but not limited to member workshops and meetings, you agree that your attendance is your consent for Kelly Friesen to use all recording(s) in its sole discretion, including but not limited to advertising as well as course material. You understand that this may include availability to all members for teaching and mentoring purposes of audio and video.

Changes to the Site(s)

Kelly Friesen may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site(s) or any products available through or outside of the Site(s), temporarily or permanently, including the availability of any features of the Site(s) or access to any parts of the Site(s), at any time without notice to you, and you agree that Kelly Friesen shall not be liable therefor.

Linked Site(s)

Kelly Friesen makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of site(s) accessible by hyperlink from the Site(s), or site(s) linking to these Site(s). The linked site(s) are not under the control of Kelly Friesen and Kelly Friesen is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such site(s). The inclusion of any link does not imply affiliation, endorsement, or adoption by Kelly Friesen of the site, or any information contained therein. When leaving the Site(s), you should be aware that Kelly Friesen’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

Copyright and Trademarks

All the Site(s)’ materials, including, without limitation, all Kelly Friesen product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright © Kelly Friesen. ALL RIGHTS RESERVED. Unless expressly stated otherwise, Kelly Friesen or its suppliers or licensors own and retain other proprietary rights in all products available through the Site(s). Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Kelly Friesen or the respective copyright owner. You may not, without the express written permission of Kelly Friesen or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site(s), its content, or services or products obtained through the Site(s); (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site(s) or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Kelly Friesen or any third party.

Copyright Policy and Copyright Agent

It is Kelly Friesen’s policy to respect the copyright and intellectual property rights of others. Kelly Friesen may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Kelly Friesen may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that Kelly Friesen or any user of our Site(s) has infringed your copyright in any material way, please notify Kelly Friesen, and provide the following:

Please direct inquiries regarding intellectual property infringement issues by email to: info@kellyfriesen.ca

Indemnification

You agree to indemnify and hold harmless Kelly Friesen, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.

Product Information

For questions about the products or services on this Site, please use the Contact or Support emails.

Product and Service Descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Site(s) are correct and that all products have been fairly described. However, when ordering products or services through the Site(s), please note that:

Order and Payment Information

If you use the Site(s) or other means to purchase a product, payment must be received by Kelly Friesen prior to Kelly Friesen’s acceptance of an order, unless otherwise agreed by Kelly Friesen. Kelly Friesen products may be subject to sales tax which will be applied to your order total. Kelly Friesen may need to verify information you provide before Kelly Friesen accepts an order and may cancel or limit an order any time after it has been placed. Kelly Friesen expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.

In ordering products through the Site(s) or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Kelly Friesen is registered to you. Kelly Friesen shall have the right to bar your access to and use of the Site(s) or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Kelly Friesen, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site(s) is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

Kelly Friesen reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site(s) without incurring any obligation to you.

Kelly Friesen’s descriptions of, or references to, products not owned by Kelly Friesen on and outside of the Site(s) do not imply endorsement of that product, or constitute a warranty, by Kelly Friesen.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE(S) AND OTHER PRODUCTS AND SERVICES OF KELLY FRIESEN IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITE(S) AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.

YOU ACKNOWLEDGE THAT KELLY FRIESEN DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE SITE(S), INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO KELLY FRIESEN FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, KELLY FRIESEN AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THE SITE(S). NOR DOES KELLY FRIESEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE(S), ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE(S), OR ITS CONTENT.

ALTHOUGH KELLY FRIESEN STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE(S), KELLY FRIESEN DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SITE(S) IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, KELLY FRIESEN DOES NOT WARRANT THAT ACCESS TO THE SITE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

KELLY FRIESEN DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE(S) WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, KELLY FRIESEN DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms and Conditions.

Limitations on Liability

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL KELLY FRIESEN OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE(S); (II) THE USE OR INABILITY TO USE THE SITE(S); (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE(S); (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE(S) OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF KELLY FRIESEN OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KELLY FRIESEN’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 120 DAYS TO KELLY FRIESEN FOR ANY PRODUCTS SUPPLIED BY KELLY FRIESEN THROUGH YOUR USE OF THE SITE(S) OR OTHERWISE.

KELLY FRIESEN WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF CANADA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

The terms of this section survive any termination of the Terms and Conditions.

Medical disclaimer

I understand that Kelly Friesen’s site(s), products and services do not involve the diagnosis or treatment of mental disorders as defined by the Canadian or American Psychiatric Association and that it is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is my exclusive responsibility to seek such independent professional guidance as needed. 

I understand that some products and services offered by Kelly Friesen are comprehensive and may involve different areas of life, including work, finances, health, relationships, education, and recreation. I agree that deciding how to handle these issues, incorporate principles into those areas and implement choices are exclusively my responsibility.

I understand that I am solely responsible for creating and implementing my own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the product or services and interactions with Kelly Friesen. As such, I agree that Kelly Friesen is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any service or product provided by Kelly Friesen. I understand that any product or services provided by Kelly Friesen are not therapy and do not substitute for therapy if needed, and do not prevent, cure, or treat any mental disorder or medical disease.

I understand that it is my responsibility to consult with a physician prior to, and regarding, my participation in any exercises program.

I understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If I engage in this exercise or exercise program, I agree that I am doing so at my own risk. By voluntarily participating in these activities, I assume all risk of injury to myself, and agree to release and discharge Kelly Friesen and course instructor(s) from any and all claims or causes of action, known or unknown.

I also understand that there may be an additional client agreement form that I will be required to fill and sign on select coaching courses or services prior to receiving those products/services.

Termination

Notwithstanding any of these Terms and Conditions, Kelly Friesen reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site(s) and to block or prevent future access to and use of the Site(s). You agree that Kelly Friesen shall not be liable for any termination of your use of or access to the Site(s).

Refunds

The refund policy in effect is as follows:

No Refunds: Kelly Friesen abides by a strict, no refund policy. 

By accepting these Terms and Conditions, you agree and understand that you are foregoing the right to claim any refund of fees paid for products, services and use of the Site(s) offered by Kelly Friesen. You further acknowledge that in accepting these Terms and Conditions and affirmatively seeking the benefits of products, services and use of the Site(s) you are taking full responsibility for your own success. Thus, you agree that you will not request a refund.


Third-party rights

Only you and Kelly Friesen shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms and Conditions.

Language

It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.

Applicable Law and Venue

These Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Manitoba, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the Site(s) shall be filed only in the Supreme Court of Winnipeg, MB, Canada, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. This paragraph does not limit the right of Kelly Friesen to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. The prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its reasonable attorney fees and costs.

The terms of this section survive any termination of the Terms and Conditions.

General

The Terms and Conditions constitute the entire agreement between Kelly Friesen and you with respect to your use of the Site(s), your purchase of products and services through the Site(s), and as applicable any products or services of Kelly Friesen. Any cause of action you may have with respect to the Site(s) or Kelly Friesen products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Kelly Friesen to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Kelly Friesen, and you do not have any authority to create any obligation or make any representation on Kelly Friesen’s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Kelly Friesen’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Kelly Friesen and their respective successors and assigns.

The terms of this section survive any termination of the Terms and Conditions.

Other important terms

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

Changes to these Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. Your use of this Site(s) after such changes constitutes your agreement to such changes.

Last Updated: October 30, 2020