Agreement between user and coachkir.com
Welcome to coachkir.com. The coachkir.com website (the “Site”) is comprised of various web pages operated by Kirstin Sarfde. Coachkir.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of coachkir.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Coachkir.com is a Coaching Site.
Privacy
Your use of coachkir.com is subject to Kirstin Sarfde’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of data collection practices.
Electronic Communications
Visiting coachkir.com or sending e-mails to Kirstin Sarfde constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Kirstin Sarfde does not knowingly collect either offline or online, personal information from persons under the age of thirteen. If you are under 18, you may use coachkir.com only with permission of a parent of guardian.
Cancellation/Refund Policy
Your satisfaction with our service is important to us. Yet, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our services, you acknowledge that we do not offer refunds for any portion of your payment for any of our services. By using and/or purchasing any of our services, you understand and agree that all sales are final and no refunds will be provided for any reason.
Disclaimer
You agree, acknowledge, and accept that we are not trained professionals and do not intend to give professional or expert advice in any arena. Kirstin Sarfde is not a doctor, nutritionist, dietitian, therapist, psychologist, or psychiatrist. Information on this Site, coachkir.com, and services provided by Kirstin Sarfde are designed to provide helpful information on the topics discussed. Discussions about health issues and medical problems may occur within coachkir.com and coaching sessions. The information and services are not meant to be used to diagnose or treat any medical condition or disease. It is not intended to replace the services of trained health professionals or be a substitute for medical advice. If you should have any questions about a medical problem, mental or physical health, or matters that may require diagnosis, please refer to your primary-care physician, a medical consultant or the appropriate health professional. Kirstin Sarfde will not be held responsible for medical decisions you make as a result of reading information on coachkir.com and/or advice given during coaching sessions. Please contact your physician before undertaking any of the recommendations made by Kirstin Sarfde. Kirstin Sarfde assumes no responsibility for any outcome of the use of their provided information and services in self-treatment or under the care of a licensed practitioner. We expressly disclaim responsibility to any person or entity 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 material on coachkir.com as well as in coaching sessions with Kirstin Sarfde.
Before starting any new diet and exercise program please check with your doctor and clear any exercise and/or diet changes with them before beginning.
Data contained on or made available through our coachkir.com website is not intended to be, and does not constitute, legal, medical, health, or financial/investing advice. Our website, and your use of it, does not create an attorney-client, physician-patient, or advisor-client relationship. Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance. We do not warrant or guarantee the accuracy, adequacy, validity, completeness, or recency of the data and information contained in or linked to our website.
Your use of the Kirstin Sarfde website or materials linked to our website is completely at your own risk. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent physician licensed to practice in your jurisdiction for your particular medical issues. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues.
Payments
You represent and warrant that if you are purchasing something from us (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Prices and packages are subject to change without notice.
Trademarks and Brand Mentions
Kirstin Sarfde may identify product names and services known to be trademarks, registered trademarks, or service marks of their respective holders. They are used in an editorial fashion and as demonstration only. In addition, terms suspected of being trademarks, registered trademarks, or service marks have been appropriately capitalized, although we cannot attest to the accuracy of this information.
Use of a term in this program should not be regarded as effecting the validity of any trademark, registered trademark, or service mark.
Testimonials and Customer Stories
Testimonials and client stories found for Kirstin Sarfde have been submitted to us by users of said service. Every person has unique experiences, eating habits, and applies the information in a different way. Thus, the experiences that we share from other people may not reflect the typical client’s experience, may not apply to the average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results.
Links to Third Party Sites/Third Party Services
coachkir.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Kirstin Sarfde and Kirstin Sarfde is not responsible for the contents of Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kirstin Sarfde is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kirstin Sarfde of the site or any association with its operators.
Certain services made available via coachkir.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the coachkir.com domain, you hereby acknowledge and consent that Kirstin Sarfde may share such information and data with any third party with whom Kirstin Sarfde has a contractual relationship to provide the requested product, service or functionality on behalf of coachkir.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use coachkir.com strictly in accordance with these terms of use. As a condition of your use of this Site, you warrant to Kirstin Sarfde that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kirstin Sarfde or its suppliers and protected by copyright 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 in any such content and will not make any changes thereto.
You will not modify, publish, transmit, publicly perform, copy, distribute, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Kirstin Sarfde content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Kirstin Sarfde and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kirstin Sarfde or our licensors except as expressly authorized by these Terms.
Links to Our Website
You may provide links to our website, provided you do not change, remove, or obscure the copyright notice or other notices on our website. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided you understand that you must stop linking to our website immediately upon request by our website.
Viruses, etc.
You also understand that our Kirstin Sarfde website cannot and does not guarantee or warrant that files available for downloading through our website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data.
Use of Communication Services
The Site may contain bulletin board services, chat areas, blogs, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters, download any file posted by another used of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict, or inhibit any other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Kirstin Sarfde has no obligation to monitor the Communication Services. However, Kirstin Sarfde reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Kirstin Sarfde reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason.
Kirstin Sarfde reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kirstin Sarfde’s sole domain.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Kirstin Sarfde does not control or endorse the content, messages or information found in any Communication Service and therefore, Kirstin Sarfde specifically disclaims any liability with regards to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Kirstin Sarfde spokespersons, and their views do not necessarily reflect those of Kirstin Sarfde.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to coachkir.com or Posted on any Kirstin Sarfde Web Page
Kirstin Sarfde does not claim ownership of the materials you provide to coachkir.com (including feedback and suggestions) or post, upload, input or submit to any Kirstin Sarfde Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Kirstin Sarfde, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Kirstin Sarfde is under no obligation to post of use any Submission you may provide and may remove and Submission at any time in Kirstin Sarfde’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
Third Party Accounts
You will be able to connect your Kirstin Sarfde account to third party accounts. By connecting your Kirstin Sarfde account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Kirstin Sarfde from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all laws. You agree that you will not use the Kirstin Sarfde Content accessed through coachkir.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Kirstin Sarfde, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kirstin Sarfde reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kirstin Sarfde in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages for any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of there Terms.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KIRSTIN SARFDE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KIRSTIN SARFDE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, KIRSTIN SARFDE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIRSTIN SARFDE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE. WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KIRSTIN SARFDE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Kirstin Sarfde reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kirstin Sarfde as a result of this agreement or use of the Site. Kirstin Sarfde’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kirstin Sarfde’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kirstin Sarfde with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kirstin Sarfde with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kirstin Sarfde with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Miscellaneous
1. Governing Law. This Agreement shall be governed by the laws of the State of California, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in Sacramento, California.
2. Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of Kirstin Sarfde, which are not included in this Agreement, shall be binding on Kirstin Sarfde or its affiliates.
3. Amendments. Neither you nor Kirstin Sarfde may modify or amend this Agreement, in whole or in part without the prior written consent of both you and an authorized representative of Kirstin Sarfde. However, Kirstin Sarfde may replace this Terms of Service Agreement from time to time and your subsequent use of the Site, or any content, programs or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use. You are advised to check this Global Terms of Service Agreement regularly for any modifications.
4. Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Kirstin Sarfde. Kirstin Sarfde’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
5. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
6. Miscellaneous. This Agreement shall inure to the benefit of Kirstin Sarfde and its subsidiaries and affiliates. Any and all references in this Agreement to Kirstin Sarfde and its affiliates shall, where the context so permits, include Kirstin Sarfde’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site.
7. Assignment. Kirstin Sarfde may assign its rights and duties under this Agreement to any party at any time without notice to you
Changes to Terms
Kirstin Sarfde reserves the right, in its sole discretion, to change the Terms under which coachkir.com is offered. The most current version of the Terms will supersede all previous versions. Kirstin Sarfde encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Kirstin Sarfde welcomes your questions or comments regarding the Terms:
info@coachkir.com
Effective as of January 2021.
