REPRODUCTIVE RECLAMATION^TM

 ONLINE COURSE TERMS & CONDITIONS

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By clicking to agree to the “Terms & Conditions” when signing up for the Program, you are providing the electronic equivalent of your signature and agree that you have read, understood and agreed to the Terms & Conditions.

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Please carefully read these Terms & Conditions for the Reproductive Reclamation^TM Online Course (the “Terms & Conditions”). You must agree to these Terms & Conditions before purchasing, enrolling in, accessing or using the Reproductive Reclamation^TM Online Course (the “Program”), which is owned and operated by Dr. Cerra Kelly Naturopathic Medicine PC dba Dr. Cerra Kelly (“Dr. Cerra Kelly”, “we”, “our” or “us”), wherever the Program is hosted, whether on a website operated by Dr. Cerra Kelly, or on a third-party website such as Kajabi or other online course hosting platform. The term “you” refers to any purchaser, user and/or participant of the Program.

By purchasing or using the Program, you accept and agree to these Terms & Conditions, and you are required to act in accordance with them, whether or not you have read them. If you do not want to agree to these Terms & Conditions, you must not purchase or use the Program or any portion thereof.

These Terms & Conditions state how you may use the Program, including any and all materials made available to you in the Program. This includes, without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through the Program and any website or e-mails we may use to distribute or host the Program or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Program Content”). 

These Terms & Conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using the Program and Program Content that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Please review the terms of our Privacy Policy (the “Privacy Policy”) for how your information is stored and shared. 

1.  Information and Education Only; Not Medical Advice

The Program is for informational and educational purposes only and is not to be perceived as or relied upon in any way as providing medical advice, diagnosis or treatment. The Program is not a substitute for individualized medical consultations, but rather, it is designed to empower participants with knowledge about their reproductive health in order to work with their doctors and inform their choices moving forward.

While Dr. Cerra Kelly, ND is a licensed naturopathic doctor in the State of California, and the Program educates participants about hormone and reproductive health, it is only educational, and NO naturopathic medicine services are provided on or through the Program. Information presented in the Program is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. 

Your enrollment and participation in the Program DOES NOT create a doctor-patient relationship between you and Dr. Cerra Kelly, ND, or any doctor or professional that may be associated with the Program. 

You should not rely on the Program as a substitute for the professional medical advice, diagnosis, or treatment from a qualified healthcare provider who is familiar with your individual situation. Do not disregard, avoid or delay obtaining medical advice from a medical professional licensed in your State because of something you have read, viewed, or heard on or in the Program. Always seek the advice of your qualified health care provider with any questions you have regarding your reproductive health, any other medical condition, or prior to changing any medications, taking any herbal or dietary supplements, using any treatment for a health problem, or undertaking any significant changes to your health care regimen to determine what is safe, appropriate, or effective for you.

If you are located in California where Dr. Cerra Kelly maintains her naturopathic license, you can apply at the link below to become a patient of Dr. Cerra Kelly’s practice at Wind and Sea Wellness: https://www.windandseawellness.com/contact. 

Because we expressly recommend that you seek advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation, the use of any information provided in the Program is solely at your own risk. Dr. Cerra Kelly expressly disclaims responsibility for any adverse effects that may result from the use or application of the information contained in this Program and shall not held liable or responsible for any errors or omissions in the Program or for any damage you may suffer as a result of failing to seek competent medical or health advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation. 

Additionally, information and statements in the Program regarding dietary supplements and products have not been evaluated by the Food and Drug Administration. Any dietary supplements or products which may be mentioned in the Program are not intended to diagnose, treat, cure, or prevent any disease. You should always consult with an appropriately qualified healthcare professional familiar with your individual situation for information regarding which supplements or treatment may be appropriate for you. 

1.  Participants

The Program is intended for individuals who are eighteen (18) years of age or older. Any purchase by, use of, or access to the Program by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms & Conditions. By accessing or using the Program, you represent and warrant that you are at least 18 years old. Dr. Cerra Kelly hereby disclaims all liability for use by individuals under the age of 18.

1.  The Program

The Program is a twelve 6 month group educational program. There are two options:

Option 1: Self Study:  As part of the Self Study version of the Program, you will receive:

•  Access to the Reproductive Reclamation^TM membership site that includes all video recordings, downloadable PDF handouts and PowerPoint presentations.  
•  Access to the Reproductive Reclamation^TM FAQ database

 

Option 2: Live Teaching:  As part of the Live Teaching version of the Program, you will receive:

•  Access to the Reproductive Reclamation^TM membership site that includes all video recordings, downloadable PDF handouts and PowerPoint presentations.  
•  Access to the Reproductive Reclamation^TM FAQ database
•  Access to two live Q+A calls per month with Dr. Cerra Kelly (12 in total)
• First call the 1st Wednesday of each month at 5:00pm PST / 8:00pm EST
• Second call the 3rd Wednesday of each month at 5:00pm PST / 8:00pm EST
• Live video calls will be uploaded to the membership site to watch later and for those who are unable to attend the calls live (or who are shy ☺), a form will be provided on the membership site that participants can fill out with questions to be answered by Dr. Cerra Kelly. Please note that only general questions can be answered. No medical advice can be provided. 

 

What the Program will NOT provide

•  A replacement for Individualized medical advice
•  Diagnosis and treatment of your hormonal or reproductive health condition 
•  Interpretation of your lab work
•  Prescriptions of medications or recommendations for supplements specific to you

You will have access to the educational content on the membership site for an additional 12 weeks after your Program is over, but the live coaching calls will end at the end of the 12 weeks of the Program. 

1.  Program Fees, Payments, and Refund Policy
1.  Payment Policies

You will have the option to pay in full upfront (and receive a discount) or to pay in three (6) monthly installments through a payment plan. 

•  Option 1: Pay upfront in full and receive a discount; or
•  Option 2: Pay In Three (6) Monthly Payments (initial payment upon enrollment and your credit card on file will be automatically charged for the next two payments 30 days and 60 days thereafter).

By enrolling in the Program, you authorize Dr. Cerra Kelly to charge your credit card as payment for your membership in the Program without any further authorization or notification. Furthermore, you agree that you are responsible for full payment of the Program fees, regardless of whether you actually attend or complete the Program. 

You also agree that Dr. Cerra Kelly is authorized to share any payment information and instructions required to complete the payment transactions with any third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). Dr. Cerra Kelly cannot and does not control and has no responsibility or liability for the policies or actions of the payment processing companies.

You agree to only purchase the Program for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. And you agree to be financially responsible for any purchases made by you or someone acting on your behalf.

Declined or Failed Payment: If there is a declined or failed payment, you will be contacted and required to provide a new credit card or payment. If there is still no payment within one day, your access to the Program will be discontinued until the account is brought up to date. At this point, you will not be granted access to the Program until payment is received and no refund will be provided for any payments previously made. We reserve the right to terminate your access to the Program and all Program content immediately and permanently; this includes access to the membership site, group coaching calls, or any other method of communications related to the Program. However, you will still remain fully responsible for the full cost of the Program and all remaining payments if you are paying in a payment plan of monthly installments.  We reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections’ agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections’ agency.

1.  No Refund Policy 

Because of the extensive time, effort, preparation, and care that goes into creating and providing the Program, we have a no refund policy. No refunds will be given under any circumstance. Everything you learn in this Program will be valuable to you in some way. After you enroll, you will also be responsible for making all payments if you have selected to pay in a monthly payment plan. 

Since there is a clear and explicit No Refund Policy in these Terms & Conditions that you agree to prior to completing your purchase of the Program, Dr. Cerra Kelly does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or the payment processor. In the event that a chargeback is placed on a purchase or Dr. Cerra Kelly receives a chargeback threat during or after your purchase, Dr. Cerra Kelly reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, e-mail address, order date, order amount, and billing address. If you then wish to have this report removed from your credit report, you must make the payment owed for the amount of the chargeback. Once payment owed is received, the appropriate reports to the credit agencies will be made.

1.  Intellectual Property Rights
1.  Ownership of Program Content and Dr. Cerra Kelly’s Limited License to You

The Program and all Program materials including documents, videos, presentations, worksheets, handouts, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, workbooks, forms, guides, questionnaires, e-books, and all other similar materials and intellectual property accessible on or provided through the Program is proprietary and solely owned by Dr. Cerra Kelly and is protected by copyright, trademark and other laws that protect intellectual property and proprietary rights.

You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained on or in the Program Content as well as these Terms & Conditions. 

When you purchase the Program or view or access any Program Content, Dr. Cerra Kelly is granting you a limited, revocable, non-transferable, non-exclusive license to access and use the Program and Program Content only for your own personal, non-commercial use. This license is limited to you only for your personal use, and NOT for your business or commercial use or in any way that earns you money. 

You are NOT permitted to share any Program Content with your friends, family, colleagues, or any other person. If they would like access to the Program, they must purchase their own license to the Program separately.

This means that when you purchase the Program, you may watch, listen to, download and/or print Program Content for your own personal use, BUT you are NOT permitted to copy, duplicate, reprint, republish, reproduce, share, sell/re-sell, display, disclose, or redistribute any part of the Program or Program Content with or to friends, family members, colleagues, or any other third party, or use any Program Content for commercial purposes or in any way that earns you money. For avoidance of doubt, this means you may NOT adapt or represent any part of the Program in any way as if it is yours or created by you and you may not reprint or republish any part of the Program and Program Content for publication or compilation into your own products, programs, or services for business or commercial use or in any way that earns you or a third-party money.

Furthermore, you may not hypertext, frame, or inline link to any part of the Program or Program Content, nor may you state or imply any sponsorship, endorsement by, or ownership of the Program or Program Content without the express written permission of Dr. Cerra Kelly, ND. 

You understand that purchasing, downloading, printing, or otherwise using the Program and Program Content in no way gives you any copyright, trademark, intellectual property or ownership rights in the Program or Program Content. It is still Dr. Cerra Kelly’s property. 

Any trademarks and logos displayed on the Programs and Program Content, including the trademark Reproductive Reclamation^TM are trademarks belonging to Dr. Cerra Kelly unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without Dr. Cerra Kelly’s express written permission.

All rights not expressly granted in these Terms & Conditions or any express written license, are reserved by Dr. Cerra Kelly.

1.  Request for Permission to Use the Program Content

If you wish to use any portion of the Program Content, or any other intellectual property or property belonging to Dr. Cerra Kelly and of our affiliates in any way that is prohibited by or not expressly permitted by these Terms & Conditions, you must request permission in writing from Dr. Cerra Kelly BEFORE you use such Program Content by sending an e-mail to [email protected].

If you do receive the express written permission of Dr. Cerra Kelly, you are only granted permission to use the applicable portion of the Program Content as explicitly granted in such writing. In other words, you agree to use only the specific Program Content that Dr. Cerra Kelly allows and only in the ways for which Dr. Cerra Kelly has given you written permission. If you use the Program Content in ways that Dr. Cerra Kelly does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Program Content from Dr. Cerra Kelly, and you consent to immediately stop using such Program Content and to take whatever actions as Dr. Cerra Kelly may request and by the methods and in the time frame that Dr. Cerra Kelly prescribes to protect its intellectual property and ownership rights in the Program and the Program Content, and you will be subject to penalties for Unauthorized Use and Infringement of Program Content as set forth in these Terms & Conditions.

1.  Unauthorized Use and Infringement of Program Content

You understand and agree that your use of the Program Content other than as expressly authorized in these Terms & Conditions or by a separate written consent or assignment of Dr. Cerra Kelly, is not permitted  and is considered unauthorized use, infringement and theft (“Unauthorized Use and Infringement”) and may give rise to a civil claim for damages and/or be a criminal offense and Dr. Cerra Kelly reserves the right to prosecute for theft and to enforce Dr. Cerra Kelly’s rights to the full extent of the law. 

In the event of your Unauthorized Use and Infringement, you agree to pay liquidated damages of five (5) times the total fees paid for the Program, or a minimum of $5,000.00, in addition to any legal or equitable remedies Dr. Cerra Kelly may be entitled to pursue.  This is not a penalty but an agreed upon liquidated damages charge for Unauthorized Use and Infringement.     

You agree that any violation or threatened violation of by you of the Intellectual Property Rights terms in these Terms & Conditions would cause irreparable injury to Dr. Cerra Kelly that may not be adequately compensated by damages, entitling Dr. Cerra Kelly to obtain injunctive relief, without bond, in addition to all legal remedies.  

1.  Recordings and Use of Your Image 

ALL LIVE CALLS WILL BE RECORDED SO THAT PARTICIPANTS WHO CANNOT ATTEND LIVE CAN WATCH THE RECORDING LATER. PLEASE DO NOT SHOW YOUR FACE OR IMAGE IF YOU DO NOT WANT TO BE SEEN OR DO NOT WANT YOUR FACE/IMAGE RECORDED OR SHARED. DO NOT SHARE ANY INFORMATION YOU DO NOT WANT RECORDED, RE-DISTRIBUTED TO OTHERS. 

By participating in the Program, you are consenting to videos, and/or audio recordings, including calls, webinars, or other communications that may be made by Dr. Cerra Kelly that may contain you, your voice and/or your likeness. Dr. Cerra Kelly reserves the right to use these videos, and or/audio recordings and/or any other materials created by Dr. Cerra Kelly in connection with your participation in the Program, without compensation to you at any time, now or at any time in the future.

1.  Confidentiality and Privacy Policy 

Please review our Privacy Policy for how all of your information is handled as well as your rights around such information. 

Please respect the privacy of other participants. Because participants may share their personal information, you agree to keep all information you learn about other Program participants, including in live calls, strictly confidential and not to share any information outside of the Program. 

Please also choose carefully the information you voluntarily share with others in any online group coaching calls. Any personal information you voluntarily share is done at your own risk. Dr. Cerra Kelly cannot guarantee your privacy for what you voluntarily share with other participants, and Dr. Cerra Kelly is not responsible for any unauthorized use by others of such information that you voluntarily share. 

When you apply for, enroll in, purchase or the Program, Dr. Cerra Kelly may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, or other personally identifying information (“Confidential Information”). By providing such Confidential Information to Dr. Cerra Kelly, you grant Dr. Cerra Kelly permission to use and store such information. In turn, Dr. Cerra Kelly will use best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms & Conditions and our Privacy Policy. 

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that Dr. Cerra Kelly may disclose Confidential Information and personally identifiable information: (1) pursuant to these Terms & Conditions and the Privacy Policy, (2) if required to do so by law, (3) to comply with any legal process served on Dr. Cerra Kelly, (4) to enforce the terms of these Terms & Conditions, and/or (5) to act as immediately necessary in order to protect the personal safety of any participant. 

1.  Accessing the Program; Username and Password

During the registration process for the Program, you agree to provide true, accurate, current, and complete information about yourself. To access the Program, you will need a username and password. You agree to keep your username and password to access the Program confidential and not to share it with anyone.  

If Dr. Cerra Kelly has reasonable grounds to suspect that you have provided false information including a false e-mail address, shared your username and/or password with anyone else, provided anyone else access to your account or forwarded any non-public material from the Program to any other person, Dr. Cerra Kelly reserves the right to immediately suspend or terminate your account and your access to the Program including without limitation, the membership site, any group forum, or any other related communications, and to refuse any and all current or future use of the Program or any Program Content, in whole or in part, without refund. 

1.  Errors and Omissions Disclaimer

Dr. Cerra Kelly has done her best to ensure that the Program and Program Content are accurate and provide valuable information, but because the nature of health information is constantly evolving, Dr. Cerra Kelly cannot guarantee the accuracy of such information. You acknowledge that the Program and Program Content may contain inaccuracies or errors and neither Dr. Cerra Kelly nor any of its owners, members, managers, officers, employees, contractors, agents, affiliates, successors-in-interest, transferees or assigns shall be held liable or responsible for any errors, omissions or inaccuracies on or in the Program or Program Content or for any damage you may suffer as a result of failing to seek competent advice from a licensed healthcare professional who is familiar with your situation. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in the Program and Program Content for any person. 

1.  10.Personal Responsibility and Assumption of Risk

By enrolling in the Program, you accept and agree that you are solely responsible for your actions, decisions and results and take full responsibility for any harm or damage you suffer as a result of your use, misuse or non-use, of the information available on or in the Program and/or Program Content. Dr. Cerra Kelly is not responsible for any harm you may suffer as a result of failing to seek advice from a licensed professional who is familiar with your situation.

1.  11.No Guarantees of Results

​You acknowledge and agree that there are no guaranteed results of your use or participation in the Program, and Dr. Cerra Kelly makes no guarantees about the results of participating in or taking any action discussed in the Program.  Your participation in the Program does not guarantee any success with reproductive health or otherwise. 

The Program and Program Content are for educational and informational purposes and are intended to solely to provide users of Program with education and tools about their reproductive health, and how to develop a course of action to work with their doctor(s) and other health care providers. You recognize that health is a complex process that results from each individual’s particular situation, lifestyle choices, health history, and innumerable other circumstances beyond the control and/or knowledge of Dr. Cerra Kelly.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others, whether clients of Dr. Cerra Kelly, users, or participants of the Program or otherwise, are no guarantee that you or any other person will obtain similar results.

1.  12.No Warranties

DR. CERRA KELLY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THE PROGRAM AND PROGRAM CONTENT. FURTHERMORE, DR. CERRA KELLY MAKES NO WARRANTIES THAT THE PROGRAM, PROGRAM CONTENT, OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE PROGRAM, PROGRAM CONTENT, OR ANY OF THEIR FUNCTIONS, INCLUDING MEMBERSHIP PAGES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

DR. CERRA KELLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS FOR ANY PURPOSE OF THE INFORMATION OFFERED ON OR THROUGH THE PROGRAM AND PROGRAM CONTENT. THE PROGRAM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DR. CERRA KELLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO ALL PROGRAM CONTENT.

DR. CERRA KELLY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM AND PROGRAM CONTENT.

1.  13.Technology Disclaimer

While the hope is that the availability and delivery of the Program and Program Content is uninterrupted, Dr. Cerra Kelly cannot guarantee that the Program will be free of technological issues or that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates. To the fullest extent permitted by law, Dr. Cerra Kelly is not liable to you for damages or refunds, or any other recourse, should any part of the Program or Program Content become unavailable or access to them becomes slow or incomplete due to any reasons, such as Kajabi technological issues, system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Program inaccessible to you.

1.  14.Links and References to Third-Party Websites, Services and Products

The Program may provide links and/or references to other websites, services and products maintained by third parties such as the supplement distributor Fullscript and others (collectively, “Third-Party Sites”). Dr. Cerra Kelly may receive a commission if you make a purchase from or through a link provided in the Program to a Third-Party Site; however, the Third-Party Sites are not under the control of Dr. Cerra Kelly, and Dr. Cerra Kelly is not responsible or liable for any content on or actions of any Third-Party Sites. The inclusion of any links or references to Third-Party Sites in the Program Content are provided for your convenience only and does not imply Dr. Cerra Kelly’s endorsement, sponsorship, or approval of the actions, views, opinions, facts, advice or statements in such Third-Party Sites or of their owners or any association with their operators. Because Dr. Cerra Kelly has no control over the contents or functionality of Third-Party Sites, Dr. Cerra Kelly is not responsible for the actions, views, opinions, facts, advice, or statements of Third-Party Sites, their accuracy or reliability, or for errors or omissions caused by Third-Party Sites or for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to perform your own due diligence before buying goods or services from any Third-Party Sites and to review the terms and conditions and privacy policies of Third-Party Sites to confirm that you understand and agree with those policies.

1.  15.Limitation of Liability and Release of Claims

YOU AGREE TO RELEASE DR. CERRA KELLY AND ITS OWNER DR. CERRA KELLY, ND (COLLECTIVELY THE “RELEASEES”) FROM ANY AND ALL LIABILITY FOR ANY LOSS THAT YOU MAY SUFFER OR INCUR AS A RESULT OF YOUR PARTICIPATION IN THE PROGRAM.  YOU AGREE THAT THE RELEASEES SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THE PROGRAM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR YOUR INABILITY TO USE, THE PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RELEASEES ARE NOT LIABLE FOR ANY CONDUCT OF ANY OTHER PARTICIPANT OF THE PROGRAM.

1.  16.Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Program, in full or in part, at any time without notice, including but not limited to, any group calls. In such case, you will be sent an e-mail to the e-mail address you provided upon purchase of the Program alerting you of this. 

All of the terms of these Terms & Conditions, including but not limited to, all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and the No Refund Policy will still apply now and in the future, even after termination by you or Dr. Cerra Kelly.

1.  17.Governing Law and Dispute Resolution

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, regardless of the conflict of laws principles. 

It is hoped that you will have no dispute with Dr. Cerra Kelly. However, should a dispute arise between you and Dr. Cerra Kelly, we would like to be able to work it out amicably through e-mail correspondence. Therefore, it is requested that you contact Dr. Cerra Kelly via e-mail at [email protected] in attempt to resolve any dispute prior to seeking legal action and include your reasons for dissatisfaction.

However, should we be unable to resolve any potential dispute within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to purchase the Program as of the date of such dispute. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.  

You also agree that should arbitration take place, it will be held in San Diego County in the State of California, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

By purchasing the Program, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to Dr. Cerra Kelly referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action related to the Program or these Terms & Conditions.

1.  18.Users Outside United States

Dr. Cerra Kelly controls and operates the Program from offices in the United States. Dr. Cerra Kelly does not represent that the materials in the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

1.  19.Severability

You expressly agree that these Terms & Conditions are intended to be as broad and inclusive as permitted by the law of the State of California, and that if any portion of these Terms & Conditions is held invalid, void or unenforceable for any reason, then that portion shall be deemed severed from these Terms & Conditions and it shall not affect the validity or enforceability of the remainder of the Terms & Conditions which shall be given full legal force and effect. 

1.  20.Changes to Terms & Conditions

Dr. Cerra Kelly may change, modify, or update these Terms & Conditions at any time. Any access or use of the Program or Program Content by you after Dr. Cerra Kelly publicly posts or distributes such changes shall constitute consent of such modifications.

Contact and Questions:

If you have any questions about any term of these Terms & Conditions, please contact [email protected].