Katelin Power

This Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Katelin Power LLC ("Company," “we," “us," or “our”), concerning your access to and use of the https://katelinpower.thinkific.com & https://katelinpower.com websites as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Service” or “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subjected to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

2. USER ACCOUNT REGISTRATION

Eligibility: By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

Account Registration and Use License: In order to access and use all of the features of the Service, you are required to login an account (“User Account”) by registering with https://katelinpower.thinkific.com. When you register for your User Account you must provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current. Upon proper registration and opening of a User Account, and subject to all of the terms and conditions of these Terms of Use, Katelin Power LLC hereby grants to you the personal, non-transferable right and license to use the Service, solely for your own personal purposes, until such time as either you or us elect to terminate such right in accordance with these Terms of Use.

Credentials: Upon registration for a User Account, you will be provided with a user ID and password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify us of any suspected or actual unauthorized use of your User Account. You agree that we will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.

3. MANIFEST FROM POWER MEMBERSHIP (SUBSCRIPTIONS) SERVICES

Membership Subscription: Our Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycle is set on a monthly basis, 3-month basis, or yearly, depending on the type of subscription plan you select when purchasing a Subscription. Your use of the Subscription Services may be subject to additional terms and conditions that you must accept, approval of your valid payment card and verification of other information that we may request from you, including your IP address. The Subscription Services may also require additional technical requirements.

Auto-Renewal for Subscription-Based Services: Unless you opt out of auto-renewal, which can be done through your Account settings, any subscription-based Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to your account settings. If you terminate a subscription-based Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you are offered a free trial, you will automatically be billed for the next month's subscription after the free trial is over without notice if you don't cancel your subscription before the trial's conclusion. There will be no refunds if you are billed after your free trial's conclusion.

Reaffirmation of Authorization: Your non-termination or continued use of a Membership Service reaffirms that we are authorized to charge your Payment Method for that membership Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, or as otherwise described when you initially selected to use the membership Service.

Billing: We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Subscription Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Subscription Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Membership Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

We may notify you about changes to prices and/or the Subscription Services by sending an email message to your email address on file and by publishing such notices from time to time on the informational page(s) of the Site. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam email folders or by adding us to your address book or safe senders list.

Refund Policy: All purchases are final sale and there will be no refunds given. Members can cancel their membership subscription at any time and will have access to the benefits of membership until the end of their current billing cycle. Even if you did not access the membership during your subscription, our services are still creating and delivering content for the benefit of members. We appreciate your understanding. If you need us to place your membership on hold, please email the support team at [email protected].

Membership Extension Policy: There is no option to extend or add access time to any membership plan you purchased. There are no exceptions made to this policy as access time is automated, cannot be altered from the backend, and begins immediately upon enrollment.

As Is Policy: Upon purchase of any of our membership plan, you agreed to the purchased content as is and there are no guaranteed upgrades or improvements. We reserve the right to update & alter the existing content and sell these upgraded versions separately.

Content Privacy Policy: All purchases of our services content are meant to only be viewed by the purchaser and cannot be shared with others. Sharing of login credentials is strictly prohibited and as a company we track IP addresses, login history & location, and profile history for suspected breaches of this policy. All purchased content including written, video, & audio is only available to view by logging in with your registered account credentials and cannot be copied or downloaded to a personal device for viewing or listening offline. Upon purchase, you acknowledge that they have denied the right to facilitate the use of the workshop material in private one-to-one sessions, either professionally or personally, with clients or others, for monetary gain or otherwise.

Additionally, purchasers agree not to teach the workshop content to others in any way, to groups or individuals, professionally or otherwise, for monetary gain or otherwise. Purchasers further agree not to post any text or video presentations of our material, or demonstrations on the internet, or other electronic media. Violations of this policy are considered unlawful and we reserve the right to take legal action in cases of misconduct.

4. HEALTHCARE DISCLAIMER

Katelin Power Services and products are not intended to diagnose, treat, or cure any psychological or medical conditions.  Our website and services may include information and instruction relating to psychological and overall emotional and mental well-being, hypnosis and some of the products and services available through our website relate to such topics for informational purposes only. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.

For avoidance of doubt, our breathwork is not suitable for anyone with these conditions and they should ask their doctor if they have any questions about if breath work is safe for them before participating: Pregnancy; Cardiovascular disease; Angina; Heart attack; High blood pressure; Glaucoma; Retinal detachment; Osteoporosis; Recent injury or surgery; Any conditions for which you take regular medications; History of panic attacks, psychosis; Severe mental illnesses; Seizure disorders; Family history of aneurysms and; Coronavirus or flu-like symptoms.

Before purchasing any of our membership products or services that may be described and/or made accessible in or through our website and/or the services, we strongly recommend that you consult with a physician or other professional healthcare provider before beginning any services or trying any products. Katelin Power, its staff and the content-providers are not licensed medical care or healthcare providers, and are not rendering personal medical and/or psychological advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical or mental health conditions of any kind, or in determining the effect of hypnosis, psychological or any wellness services.

Our website, including all content thereon, and the services are not meant to be substitutes for medical advice from your physician or health care provider or any information contained on or in any product packaging or label.  We make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained on our website or the online courses. You are advised that health advice is often subject to updating and refining due to medical research and developments. We are committed to bringing you the most up to date information; however, we make no guarantee that the information herein is the most recent on any particular subject.

You should never disregard medical advice or delay seeking it because of a statement you have read on our website and/or heard in our services. Our website and the services should not be used in lieu of advice given by qualified medical professionals such as your physician. It is important that our websites and the services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your physician prior to using our website and/or the services.

Based on the foregoing, nothing contained on the website or other products or services offered by Katelin Power should be construed as any form of such medical advice or diagnosis. Without limiting anything set forth herein, you expressly waive and release any claim that you may have at any time for injury of any kind against us, or any person or entity involved with Katelin Power, including without limitation our directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

5. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

6. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

7. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

8. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your submission or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

9. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

10. TERM AND TERMINATION

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. APPLICABLE LAW

You agree that these Terms of Use and any dispute arising out of your use of this site or services provided will be governed by and construed in accordance with local laws applicable at our company’s domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this website, or by using this website and the services it provides, you accept that jurisdiction is granted to the Courts having jurisdiction over the Company's domicile, and that any disputes will be heard by the said Courts.

12. DISPUTE RESOLUTION

Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration: Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, which cannot be resolved by negotiation shall be referred to and finally resolved by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable). The number of arbitrators shall be three (3). The seat or legal place of arbitration shall be State of New York, USA. The language of the proceedings shall be English Language. The governing law of the contract shall be the substantive law of United State of America.

Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

13. DISCLAIMER

The site is provided on an AS-IS and AS-AVAILABLE basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, and without limitation, the implied warranties of merchantability, suitability for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

14. LIMITATIONS OF LIABILITY

In no event we will or our directors, employees, or agents are liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us. Certain US State laws and international 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 or limitations may not apply to you, and you may have additional rights.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

16. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

18. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this agreement or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

 CONTACT US

To resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

By email: [email protected]