Terms of Service

The following terms (“Terms of Use”) constitute an agreement between Kristen Smith Enterprises, LLC. (“KSE”), and you that governs your use of this website and all of its associated services, content, and functionality, located at https://abetterwaytothrive.com/ (the “Website”).

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. KSE 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.

THE SERVICE

Service Description: KSE offers the ability to purchase home making and natural living coaching (“Coaching Services”) and natural health consultation services (“Consulting Services”) (collectively the “Services”) via appointment on the Website. You can purchase the Services as individual sessions or in packages of sessions. All users who purchase and pay for the Services will be hereinafter referred to as clients. To view the session options, please see our Services page.

Service Purchase Terms: KSE requires payment in full before KSE will schedule a session. KSE does not issue refunds for any purchases made on the Website. However, if you are dissatisfied with a purchase and/or the Service and would like to offer feedback to KSE, you may do so by emailing [email protected] with the subject line “Feedback.”

Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide KSE or KSE’s third party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to KSE that such information is true and that you are authorized to use the payment instrument. You will promptly update your payment information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay KSE the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize KSE to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you notify KSE of your intent to terminate, and you further agree to pay any charges so incurred. If you dispute any charges you must let KSE know within sixty (60) days after the date that KSE charges you. KSE reserve the right to change the price of the Services. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

Policies: The Services will be paid for through the Website and you will schedule your sessions through Calendly. All sessions will take be completed through Skype and will start promptly on time. If a client is late to a session, the session will consist of the time remaining once the client joins and will not be made up at a later date or time. No refunds will be made on the Services, but we will do our best to accommodate changes in schedule. To reschedule a session, you must notify KSE in writing to [email protected] more than one business day prior to your scheduled session. If you fail to properly notify KSE of your intent to reschedule within the requisite time-period, you will forfeit your session payment. KSE reserves the right, in its sole discretion, to decline to work with any client, if the client does not abide by the Terms of Service.

Coaching Services: Prior to a session, you must fill out a brief questionnaire, that must be submitted no less than 24 hours prior to your scheduled session. If you have not submitted the questionnaire, KSE reserves the right to reschedule your session.

Consulting Services: All initial Consulting Services clients must book an initial consult package to begin working with KSE and fill out the KSE intake forms through Calendly. Intake forms must be completed in full and received by KSE no less than three business days prior to the first session. Failure to complete the intake forms properly will result in rescheduling the session.

PRIVACY POLICY

What Personal Information Does the Website Collect and How Is This Personal Information Used?

The Website may receive and store information that you voluntarily submit through the Website for the purpose of subscribing to the Website, to contact KSE, to purchase Consulting Services and Coaching Services, or for the purpose of leaving comments on blog posts.

The Website may receive and store certain types of usage-related information when you interact with the Website, including, but not limited to, your computer’s IP address and browser information. The information we collect is used to customize the content and/or layout of our page for each individual visitor.

The Website uses Google Analytics to track statistics regarding our audience and Website traffic. No personally identifiable information is transferred from the Website to Google Analytics. For more information on Google’s Analytics privacy policies, please visit this site.

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described above.

From time to time, the Website may engage in sponsored campaigns with various influencer networks, brands, or agencies. All sponsored content is duly disclosed in accordance with the FTC’s requirements. From time to time, these sponsored campaigns utilize tracking pixels, which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. No personally identifiable information collected by the Website is used in conjunction with these tracking pixels.

The Website may engage in affiliate marketing, which is described more fully below. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website. At any time, you may opt out of Google Ads by modifying your Google Ad settings.

Third-Party Use of Personal Information

The Website may provide personal information to an applicable third party in order to provide services. Currently, the Website uses the services of MailChimp for delivery of email updates. MailChimp’s use of your personal information is subject to MailChimp’s privacy policy. The Website also uses the services of Acuity for scheduling sessions. Acuity’s use of your personal information is subject to Acuity’s privacy policy.

At this time, your personal information is not shared with any other third-party applications. If a new service provider is engaged, these terms will be amended accordingly.

Will the Website Share the Personal Information It Collects?
Except when required by law, the Website will not sell, distribute, or reveal users’ email addresses or other personal information without their consent.

KSE may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

Modification or Deletion of Personal Information
You can decline to submit personal information at any time. If you decline, KSE may not be able to continue to provide service to you. You may request deletion of your personal information by sending an email to [email protected], but in some cases, we may be required to keep your information by law. In such a case, it would no longer be active and would be kept separately in an archive.

CHILDREN’S INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that the Website has personally-identifiable information of a child under the age of 13 in its database the, please contact us immediately at [email protected] and KSE will use its best efforts to promptly remove such information from our records.

AFFILIATE MARKETING

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

KSE is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.

FTC DISCLOSURE

From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with KSE to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.

Even though compensation (e.g., cash, free product, or services) is received for in exchange for this sponsored content placement, KSE gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

GENERAL DISCLAIMER

KSE has made every effort to ensure that all information on the Website and articulated through the Services has been tested for accuracy. KSE makes no guarantees regarding the results that you will see from using the information provided on the Website or from the Services.

The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website or from the Services. KSE assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website or from the Services.

The Website and the Services were developed strictly for informational purposes. Although a member of KSE is a Certified Aromatherapist and Trained Herbalist, no relationship is formed between you and KSE from your use of the Website. You understand and agree that you are fully responsible for your use of the information provided on the Website and through the Services. KSE makes no representations, warranties or guarantees. You understand that results may vary from person to person. KSE assumes no responsibility for errors or omissions that may appear in the Website or through the Services.

NUTRITION DISCLAIMER

All information provided regarding nutrition on the Website and through the Services is intended to be used for informational purposes only. Content related to nutrition is not medical advice nor is it intended to replace medical advice. The Website and the information from the Services is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program or modifying your diet, including following the nutrition information available on the Website or recommended through the Services, you should seek advice from a licensed professional.

KSE is not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available on the Website or through the Services.

The Food and Drug Administration has not evaluated the statements contained in any information on the Website. Individual results may vary.

RECIPE DISCLAIMER

From time to time, the Website will publish content with recipes. All such recipes have been tried and used successfully, but results may vary from person to person. Consult your medical professional before using any recipe if you have concerns about how you may individually react to any particular recipe or ingredient. By voluntarily creating and using any recipe provided here, you assume the risk of any potential injury that may result.

ESSENTIAL OILS

From time to time, the Website may discuss topics that include references to essential oils. Information regarding use of essential oils is not medical advice and should not be treated as medical advice. The information regarding essential oils provided on the Website or during the Services is provided “as is” without any representations or warranties, express or implied. KSE makes no representations or warranties in relation to the use of essential oils or the results you may achieve by using essential oils.

You must not rely on the information on the Website or through the Services as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website or through the Services.

HOLISTIC HEALING INFORMATION DISCLAIMER

All information provided regarding holistic healing on the Website or through the Services is intended to be used for informational purposes only. Content related to holistic healing is not medical advice nor is it intended to replace medical advice. KSE does not diagnose, prescribe, or treat any disease, condition, illness, or injury. Before implementing any information provided on the Website or through the Services, you should seek advice from a licensed medical professional.

We are not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the holistic healing information available on the Website or through the Services.

MEDICAL INFORMATION DISCLAIMER

From time to time, the Website may discuss topics related to health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The medical information provided on the Website or through the Services is provided “as is” without any representations or warranties, express or implied.

MENTAL HEALTH INFORMATION

All information regarding mental health provided on the Website and through the Services is intended to be used for informational purposes only. Use of the Website does not form any relationship between you and Kristen Smith or KSE, including a therapist-patient relationship. Although content on the Website or through the Services may discuss therapeutic and/or mental health issues, the Website and the Services do not provide any type of therapy and/or mental health services. The Website and the Services do not provide any advice, explanation, opinion, or recommendation about therapy or mental health services.

From time to time, the Website may discuss topics of a sensitive nature. If you feel triggered by any content, please seek help from a medical professional or mental health professional.

USE OF THE WEBSITE

Unless otherwise stated, KSE owns the intellectual property and rights to all content and material on the Website. 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.

The following uses are not permitted:

Republication of content from the Website, unless content is specifically and expressly made available for republication;
Sale, rental or sub-license of any content from the Website;
Reproduction or duplication of any content on the Website for commercial purposes;
Modification of any content on this website, unless content is specifically and expressly made available for modification;
Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.

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 KSE’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to KSE.

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 KSE’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

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

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by KSE 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

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

From time to time, the Website will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners.

GRANT OF RIGHTS

You grant KSE 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 KSE the right to sub-license these rights and the right to bring an action for infringement of these rights.

CONTENT CONTRIBUTED TO THE WEBSITE
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 or KSE or a third party.

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

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

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 KSE;
spam;
hate speech;
defamatory to KSE or any third party;
reference illegal acts; or,
violate the legal rights of a third party.

KSE’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.

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images from other third-party websites. Any such use is intended to be considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to [email protected] and we will remove the image within 24 to 48 hours.

COMMUNICATION

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

THIRD PARTIES

The Website contains links to third-party websites that are not governed or controlled by KSE. 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 relates to your use of the Website. KSE assumes no control or liability over the content of any third-party sites. You expressly hold harmless KSE 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 KSE 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, expressed or implied. KSE makes no representations or warranties in relation to the Website or the information and materials provided therein.

KSE 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. KSE 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

KSE 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.

INDEMNITY

You agree to defend, indemnify and hold KSE, 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 KSE 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.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Ohio. 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 Wayne County, Ohio. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

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 KSE’s prior written consent, however, the Terms of Use may be assigned by KSE 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 KSE.

All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for KSE and to your email address.