Website Terms of Use | Dawnell Kelly

Terms of Use

TERMS AND CONDITIONS

Please READ carefully, as this pertains to the Agreement of your registration with any of the products sold (sometimes referred to as Program) by Dawnell Kelly (sometimes referred to as “Company”).

By purchasing our products, you (sometimes referred to as "Client") agree to the following terms stated.

The following terms (“Terms of Use”) constitute an agreement between Dawnell Kelly, and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Dawnell Kelly (“Website”), located at https://www.dawnellkelly.com/ and all its subdomains.

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Dawnell Kelly reserves the right to modify, alter, amend or update its Website, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

PROGRAM

Dawnell Kelly agrees to provide course content, identified as an online course aid, to help Clients adjust to civilian life. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in any of our programs.

DISCLAIMER

Client understands Dawnell Kelly, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.

Client understands that neither Dawnell Kelly, nor Company, has promised, nor shall be obligated to, the following:

(1) Success in civilian life, or results for the Client.

(2) Provide assistance, as either coach or mentor, with consultations for future business contracts made by Client.

(4) Client understands that a relationship does not exist between the Parties after the conclusion of this program.

FINANCIAL OBLIGATION

Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

METHODS OF PAYMENT

We accept Visa, Mastercard, and American Express as a form of payment. If Client chooses to pay by monthly installments, he/she authorizes the monthly charge for the product on the Client`s credit card or debit card.

REFUNDS

We DO NOT offer refunds on our Optimized Veteran Program.

Please note: If you opted for a payment plan, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

CONDITIONAL GUARANTEE

We offer a 365-day Conditional Guarantee. We do not offer refunds.

To request consideration for the Guarantee, Clients are required to complete the course, attend the coaching calls (or watch the replays), and submit a Debrief from any of the strategies taught in the Optimized Veteran Program.

Please note:

All returns and refunds are discretionary as determined by Dawnell Kelly. If you have any questions, contact us at hello@dawnellkelly.com

As mentioned above, all returns are discretionary. If you just downloaded the Training Material (PDFs, audios, videos, additional workbooks, and/or etc.), and then promptly asked for a return, we reserve the right to deny your request. Why? Because the point of the policy is to give people the chance to try the system, and if it doesn't work, they can get their money back. It wasn't designed to enable people to steal the Training Material.

CONFIDENTIALITY

Dawnell Kelly respects Clients’ privacy and insists that the Client respects ours as well. Thus, consider this a mutual non-disclosure Agreement. Any confidential information shared by Dawnell Kelly Participants or any representative of Dawnell Kelly is confidential, proprietary, and and belongs solely and exclusively to the Client or representative who discloses it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in the forum or otherwise.

Client agrees not to use such confidential information in any manner other than in discussion with other Clients, or Dawnell, during the respective program. Confidential information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.

Both Parties will keep private information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss, and theft.

Client agrees not to violate the Publicity or Privacy Rights belonging to Dawnell Kelly. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or our direct or indirect dealings with Client, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or postal addresses. Additionally, Client will not, at any time, either directly or indirectly, disclose confidential information to any third party.

By purchasing our products, you agree that if you violate or display any likelihood of violating this Agreement, Dawnell Kelly and/or the other program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

YOUR RESPONSIBILITY IN USING THE WEBSITE & ENROLLING IN THE PROGRAM

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Dawnell Kelly makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Dawnell Kelly assumes no responsibility for errors or omissions that may appear in the Website or the Program.

Products developed by Dawnell Kelly are for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from products developed by Dawnell Kelly. Dawnell Kelly makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of products developed by Dawnell Kelly and their extent, the results experienced by each Client may significantly vary. Client acknowledges that, as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in products developed by Dawnell Kelly. Dawnell Kelly program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Dawnell Kelly assumes no responsibility for errors or omissions that may appear in any program materials.

USE OF THE WEBSITE & THE PROGRAM

Unless otherwise stated, Dawnell Kelly owns the intellectual property and rights to all content and material on the Website & The Program. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:

Republication, redistribution, sale, rental, or sub-licensing of content from the Website;
Reproduction or duplication of any content on the Website for commercial purposes;
Modification of any content on the Website;

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Dawnell Kelly’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Dawnell Kelly.

PROHIBITED USES OF THE WEBSITE

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Dawnell Kelly’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments.

You must not use the Website for any third-party marketing without Dawnell Kelly’s express written permission.

Unless otherwise noted, the design, content, and all components of the Website are copyrights owned by Dawnell Kelly or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

Dawnell Kelly’s trademarks and trade dress may not be used in connection with any product or service that is not Dawnell Kelly’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Dawnell Kelly or its owners.

From time to time, the Website will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Dawnell Kelly makes no claim of ownership.

CONTENT CONTRIBUTED TO THE WEBSITE
In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Dawnell Kelly, or a third party.

Dawnell Kelly reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Dawnell Kelly’s servers; or, (iii) hosted or published on the Website. Dawnell Kelly takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Dawnell Kelly’s rights under the Terms of Use, Dawnell Kelly does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

GRANT OF RIGHTS

You grant Dawnell Kelly a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Dawnell Kelly the right to sub-license these rights and the right to bring an action for infringement of these rights.

AUTHORIZATION AND RELEASE

You understand that your participation in the Program (the “Participation”) may be recorded in audio, video, still image or other form, and you hereby grant to the Company and its representatives, successors, assigns, employees, contractors, licensees, agents, legal representatives, and any person, corporation, or entity acting under their permission or authority or for whom they might be acting, including anyone distributing or disseminating advertising for the products and/or services of the company (collectively the foregoing are referred to as “Producers”): the right and permission to publish, reproduce, distribute, broadcast and/or otherwise use the Participation in such manner, in any medium now known or later developed, worldwide in perpetuity, for such purposes, in whole or in part, as they shall determine in their sole discretion without further compensation or consideration to you and without further authorization by you without any restriction as to changes or alterations (including, but not limited to, composite or distorted representations or derivative works of my Likeness made in any medium) in connection with the development of a coaching library or the promotion of the Company’s business, products, and/or services. You disclaim any interest in the Participation and further acknowledge that they shall constitute the sole property of the Company (or its successors or assigns as the case may be).

You also affirm that any statements or endorsement made by you in your Participation are factually accurate and represent your honest opinions, findings, beliefs, and/or experiences. You hereby waive all rights of ownership, inspection, or approval with regard to any recording, taping, broadcast, reproduction, blurring, distortion, alteration, optical illusion, proposed printed, audio or video publication and/or other use of my name, whether in an intermediary version(s) or finished version(s), the Personal Information and the Participation. You also hereby release, discharge and agree to hold harmless the Producers from and against any and all liability, including, without limitation, claims for invasion of privacy or publicity, defamation or copyright infringement, resulting from their use of my Personal Information, and the Participation. You agree that your use of the Service is voluntary, and you assume complete responsibility for your actions in connection therewith.

You hereby warrant that You are over eighteen years of age and competent to contract in Your own name. You agree that this release shall be binding on you, your legal representatives, your heirs, and your assigns.

COMMENT POLICY

The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:

harassment directed toward any content creator or Dawnell Kelly;
spam;
hate speech;
defamatory statements regarding Dawnell Kelly or any third party;
references to illegal acts; or,
comments that may violate the legal rights of a third party.

Dawnell Kelly’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

COMMUNICATION

If you send Dawnell Kelly an email, register to use the Website, or provide your email to Dawnell Kelly in any other way, you consent to receive communications from Dawnell Kelly electronically. You agree that all legal notices provided via electronic means from Dawnell Kelly satisfy any requirement for written notice.

THIRD PARTIES

The Website may contain links to third-party websites that are not governed or controlled by Dawnell Kelly. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relate to your use of the Website. Dawnell Kelly assumes no control or liability over the content of any third-party sites. You expressly hold Dawnell Kelly harmless from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Dawnell Kelly harmless from any and all liability in any dispute.

NO WARRANTIES

The Website is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. Dawnell Kelly makes no representations or warranties in relation to the Website or the information and materials provided therein.

Dawnell Kelly makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Dawnell Kelly is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

Dawnell Kelly WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) from any and all damages that may result from any claims arising from any Agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.

INDEMNITY

You agree to defend, indemnify and hold Dawnell Kelly, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Dawnell Kelly suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of Client’s payment for the right to participate in Dawnell Kelly Programs, the undersigned, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Dawnell Kelly and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.

NO TRANSFER OF INTELLECTUAL PROPERTY

Company’s Programs are copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Dawnell Kelly. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s Agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Wisconsin. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Chippewa Falls, Wisconsin. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

FORCE MAJEURE

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

SEVERABILITY/WAIVER

If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

ASSIGNMENT

Client may not assign this Agreement without express written consent of Company.

MODIFICATION

Company may modify terms of this Agreement at any time. All modifications shall be posted on the Program’s website and purchasers shall be notified.

TERMINATION

Company is committed to providing all Clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other Participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.

RESOLUTION OF DISPUTES

If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.

EQUITABLE RELIEF

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without Dawnell Kelly ’s prior written consent; however, the Terms of Use may be assigned by Dawnell Kelly in its sole discretion.

The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Dawnell Kelly.

All notices with respect to the Terms of Use must be in writing and may be via email to dawnell@dawnellkelly.com for Dawnell Kelly and to your email address.