Last updated: September 22, 2022
BKI reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Site or any Services or Products after the “last revised” date of any changes to these Terms is deemed acceptance of the revised Terms. For this reason, we encourage you to review these Terms each time you visit the Site or any Services.
All content contained on the Site or provided in or in connection with any Services or Products, such as text, graphics, logos, icons, images, audio and video clips, digital downloads, and data compilations (collectively, “Content”), is owned by BKI or our licensors or licensees, and the compilation of the Content on the Site and in or in connection with any Services or Products is our exclusive property, protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, logos, and trade names (each, a “Mark”) on the Site or Services or in the Products are registered and unregistered trademarks of BKI or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Site or in the Products are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Nothing on the Site or any Services or in the Products should be construed as granting any license or right to use any Mark displayed on the Site or any Services or in any Products. You may not use any Marks without the prior written permission of BKI.
BKI grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and use the Site, any applicable Services, and any Products you purchase for personal, noncommercial purposes, and to print or download one (1) copy of the Content that we make available to you for such purposes, provided that you keep intact all copyright, trademark and other proprietary rights notices.
Except for the foregoing limited license, no right, title, or interest in the Site, Services, or any Content, Mark, or Products shall be transferred to you. Your use of the Site, Services, any Products, and any Content available on or through the Site or any Services or in or in connection with any Products is strictly prohibited, except as specifically authorized in these Terms. You agree not to copy, share, modify, distribute, republish, display, or transmit the Site, any Services or Products, or any Content made available on or in connection with the Site or any Services or Products (including, but not limited to, any materials provided to you in connection with the Products) without the prior written permission of BKI. You may not record, copy, distribute or otherwise transmit any live or recorded offerings (such as live or recorded online classes or live one-on-one sessions) without the prior written permission of BKI.
The license granted to you does not include, and specifically excludes, any rights to: resell, exploit, or make any commercial use of the Site, any Services or Products, or any Content; collect and use any Product listings, descriptions, or prices; make any derivative use of the Site, any Services or Products, or any Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, the Site, any Services, Content, or any Product, Mark, or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder.
Only you may use your user account, and you may not provide any third party with the username and password to access your account. You are solely responsible for all activity that takes place with your user account. You are responsible for the personal protection and security of any password or username that you may use to access the Site or any Services or Products, and it is your responsibility to ensure that your password remains confidential and secure. You must promptly notify us via e-mail at [email protected] if your password is lost, stolen or used without permission.
You agree that all information supplied by you to us will be true, accurate, current and complete. You agree to provide current, complete and accurate purchase and account information for all purchases of any Products. You agree to promptly update your account and other information, including, but not limited to, your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
By accepting these Terms through your use of the Site or any Services or purchase or use of any Product, you certify that you are 18 years of age or older. Our Site, Services, and Products are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to purchase Products from the Site or any Services without the supervision of a parent or legal guardian who agrees to be bound by these Terms.
By participating in any Products or public forums made available in connection with the Site or any Services or Products (including, without limitation, online courses, conference calls, webinars, online interactive offerings, etc.), you hereby irrevocably grant to BKI and our designees the right to photograph or record you and/or your voice by all means of recording technology (“Recordings”). You agree that BKI shall be the exclusive owner of all copyright and other rights and proceeds in and to the Recordings, and you hereby irrevocably transfer, assign and convey all right, title and interest you may have in and to the Recordings to BKI.
If we request and you provide us with your permission, you agree that we may, in our sole discretion, (i) edit, reproduce, distribute, broadcast, publish, create derivatives of and otherwise exhibit any such Recordings; and (ii) use such Recordings, in whole or in part, along with your name, photographs, likenesses, and biographical information in and in connection with the Site, any Services or Products, or for any other purpose in any and all manner and media now known or hereafter devised, throughout the world, in perpetuity, including, but not limited to, for purposes of publicity, advertising and promotion of BKI and our Products, all without any payment to you or further authorization from you.
You may submit, or otherwise make available to BKI, comments, Product or other reviews, testimonials or endorsements, suggestions, photos, videos, materials, information, ideas and other content or communication to BKI though the Site or any Services or otherwise disclose, submit offer such information in connection with your use of the Site or any Services or Products (collectively, the “User Contribution(s)”). By doing so, you represent and warrant that you own or otherwise control all of the rights to any User Contribution, that the User Contribution is accurate, and that it complies with the content standards set forth in Section 5 below. Any User Contribution you post to the Site or any Services or otherwise provide to BKI will be considered non-confidential and non-proprietary, and with respect to any User Contributions submitted or otherwise make available to BKI, you hereby grant BKI and its designees a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right and license to reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, display, and otherwise use such User Contribution, in whole or in part, for any purpose whatsoever throughout the world in any media, whether now known or hereafter created, all without any payment to you or further authorization from you. By submitting any User Contribution, you hereby irrevocably grant BKI and our designees the right to use your name, photographs, likenesses, and biographical information that you provide in connection with such User Contributions, and in connection with the Site, any Services or Products, or for any other purpose in any and all manner and media now known or hereafter devised, throughout the world, in perpetuity, including, but not limited to, for purposes of publicity, advertising and promotion of BKI and our Products, all without any payment to you or further authorization from you. You affirm that any testimonial or endorsement you provide to BKI is accurate and represents your current honest opinions, findings, beliefs, or experience with BKI or its Products.
You hereby release BKI and its designees from any Claims you now or hereafter may have in connection with any Recordings, User Contributions, or other rights you grant to BKI or its designees in these Terms or any exploitation thereof.
The posting of any third-party, user-generated submissions or User Contributions does not constitute BKI’s endorsement of those submissions. BKI cannot undertake to review all material before it is posted on the Site or any Services and cannot ensure prompt removal of objectionable material after it is posted. Accordingly, BKI assumes no responsibility or liability for any action or inaction regarding any User Contributions or other content provided by you or any third-party. BKI reserves the right, but shall not be obligated, to monitor and edit or remove any user activity, content, or User Contributions.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or through the Site or any Services in a way that infringes your copyright rights, please inform our designated Copyright Agent by sending written notice by U.S. Mail to Barbie Kalev, Inc., Attn: Copyright Agent, Barbie Kalev, Inc., 2003 Texas 114 Hwy, Suite 340#2, Trophy Club, Texas, 76262, or by email to [email protected]. Pursuant to the Digital Millennium Copyright Act, to be effective you must include the following information in your written notice:
You shall not knowingly post, transmit, redistribute, upload, or promote any User Contributions, communications, content or materials to or from the Site, any Services, or in connection with any Products that (a) contain corrupted files, viruses, or any other similar software files; (b) are unlawful, threatening, harassing, abusive, inflammatory, defamatory, invasive of privacy or publicity rights, infringing on any intellectual property rights, vulgar, obscene, sexually explicit, pornographic, hateful, profane, indecent, racially, ethnically derogatory, or otherwise violate any right of any third party; (c) are likely to upset, embarrass, alarm, inconvenience or annoy any other person; (d) contain chain letters or pyramid schemes; (e) contain any unsolicited advertising, promotional materials, mass mailings, “spam,” political campaigning, or other forms of solicitation to other users, individuals or entities; (f) impersonate any individual, business or entity, including our company and our employees and agents; (g) encourage conduct that would constitute a criminal offense; (h) involve commercial activities, sales, contests, sweepstakes and other sales promotions, barter or advertising; (i) give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case; (j) give rise to civil or criminal liability; (k) otherwise violate any law; or (l) amount to any conduct that, in the judgment of BKI, is otherwise objectionable, restricts, impairs, interferes or inhibits any user from using or enjoying the Site or any Services, Content or Products, or may harm BKI or users of the Site or any Services, Content or Products or expose them to liability, or otherwise injurious to third parties. In addition to any remedies that BKI may have at law or in equity, if BKI determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, it may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site or Services. BKI reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. BKI will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
All prices, discounts, promotions, and availability posted on the Site, any Services, or in connection with any Products are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your purchase total, and will be itemized in your shopping cart and in your order confirmation. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on or in connection with the Site, Services, or certain Products that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
By confirming your purchase at the end of the checkout process, you agree to pay for the Product(s) requested, including shipping and handling charges and all applicable taxes, if any. BKI may provide you with the ability to purchase Products by making payment, or two or more partial payments, on an automatic, recurring monthly basis as described on the Site or Services or in connection with such Products (“Recurring Payment”). By purchasing a Product subject to a Recurring Payment, you acknowledge that such Product has an initial and recurring payment feature and you accept responsibility for all charges for any such Product(s) until paid in full. Recurring Payments are automatically renewed and billed to your credit card or other method of payment on a monthly basis.
You hereby authorize BKI to bill your credit card or other payment method as described above. Fees are exclusive of all taxes and shipping, and you are responsible for paying any sales, use or other taxes and shipping charges which may be related to any Products. Any amounts not paid when due shall bear interest at the rate of 1.5% per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card or other payment method for any reason, BKI may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then BKI may immediately terminate your access to any Products, in addition to any other remedies BKI may have.
Terms of payment are within our sole discretion and, unless otherwise allowed or agreed by us in writing, payment must be received by us before our acceptance of an order or delivery of any Products. We utilize third-party payment gateways, such as PayPal or Stripe, for all purchases. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or other payment method, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site or Services or in connection with such Product(s) at the time of your order.
Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Products, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Products, and no refunds will be provided to you at any time. By using and/or purchasing any of our Products, you understand and agree that all sales are final and no refunds will be provided.
The Site, Services, and our Products are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided in connection with the Site, Services, and our Products 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 the Site, Services, or our Products, 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.
The Site, Services, and our Products are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided in connection with the Site, Services, and our Products 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 business 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 in connection with the Site, Services, and our Products, or that you may otherwise receive from us. You are solely responsible for your results.
You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of the Site, Services, or any of our Products. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of the Site, any Services, any of our Products, or other information you receive from us, and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the Site, any Services, and our Products, or that you may otherwise receive from us. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
Disclaimer of Warranties.
THE SITE, SERVICES, AND PRODUCTS ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. YOUR USE OF THE SITE, SERVICES, AND ANY PRODUCTS IS AT YOUR RISK. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE SITE, SERVICES, OR PRODUCTS ARE PROVIDED "AS IS" AND “AS AVAILABLE.” BKI DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, SERVICES, OR PRODUCTS OR THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR ANY WEBSITE WILL BE FREE OF VIRUSES OR DESTRUCTIVE CODE. BKI DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS, CONTENT, PRODUCTS OR SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE SITE, SERVICES, OR PRODUCTS, AND BKI MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH INFORMATION, MATERIALS, CONTENT, PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BKI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Limitation of Liability.
IN NO EVENT SHALL BKI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR SERVICES AND/OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM OR IN CONNECTION WITH THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF SAVINGS, LOSS OF GOODWILL, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF BKI IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH THE SITE OR SERVICES WITHIN THE PRIOR 12-MONTH PERIOD.
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 18.
When you visit or use the Site, Services, or certain Products, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on the Site, Services, or in connection with certain Products. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you provide a mobile or residential phone number to BKI, you warrant and represent to us that you are either the account owner of any mobile or residential phone numbers you provide to BKI, or you have the express permission of the account holder to provide such numbers (“Provided Numbers”). You expressly consent that we may call or text any Provided Number with account, marketing and advertising messages made using an automatic telephone dialing system or otherwise. You also understand that consent to receive calls and text messages is not a requirement for your use of the Site or any Services or Products, and you may revoke your consent at any time.
We control, operate, and administer the Site and Services from the United States. The Site, Services, Content, Product information, and any Products sold or provided through the Site or Services are intended to comply with U.S. laws and regulations. If you are a non-U.S. based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S. BKI makes no representation that Content or other materials on the Site or Services or in any Products are appropriate or available for use outside of the United States. It is your responsibility to ascertain and obey all applicable local, state and federal and international laws in regard to your access or use of the Site or Services, or the purchase, possession, use and sale of any Products purchased from the Site or any Services.
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.
The provisions regarding the parties’ rights and obligations with respect to indemnification, intellectual property, dispute resolution, and confidentiality, as well as any other provisions necessary to interpret the respective rights and obligations of the parties under these Terms, shall survive the expiration or termination of these Terms.
BKI may terminate, change, suspend or discontinue any aspect of the Site or any Services or Products(s), including the availability of any features of the Site or any Services or Product(s), at any time and without notice. BKI may terminate any authorization and rights given above at any time and without notice.
Most disputes can be resolved informally. The parties agree to use their best efforts to settle any dispute, Claim, question, or disagreement directly through consultation with BKI, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the Claim and the requested relief. A Notice to BKI should be sent to Barbie Kalev, Inc., 2003 Texas 114 Hwy, Suite 340#2, Trophy Club, Texas 76262, or by email to [email protected]. After the Notice is received, you and BKI may attempt in good faith to resolve the Claim informally. If the Claim has not been resolved in the ordinary course of business within 60 days of the date of the receipt of the Notice, the parties agree that prior to attempting to resolve the Claim by arbitration, as set forth below, they will attempt to settle the dispute in good faith by mediation. The parties will use the then-current American Arbitration Association’s Commercial Mediation Procedures, or any other mediation procedure to which the parties agree, which procedure will be non-binding and confidential unless otherwise agreed upon by the parties.
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 17(A).
(2) Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration applies, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
(3) Confidentiality: All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(4) Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or Claims arising from or relating to infringement, misappropriation, theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also bring an individual action in a small claims court for disputes or claims within the scope of that court's jurisdiction.
These Terms govern to the extent they conflict with the ADR Provider’s rules, including, but not limited to, the AAA’s Consumer Arbitration Rules.
SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 17(C).
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Please send any questions or comments to [email protected].
© 2022 Barbie Kalev, Inc. All rights reserved.