Terms & Conditions.
BY VISITING QUINNKELLY.COM YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.
The terms “we”, “us”, “our” “QK” and “Quinn Kelly” , “The Kelly Club” , “The Profit Path” , “Business Scientist™” , “The Kelly Club” and “Quinn Kelly Co.” refers to QUINN KELLY, LLC. The term the “Site” refers to quinnkelly.com and all sites connected with QUINN KELLY, LLC. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
Quinn Kelly provides a website where users can read articles on business and life and a service where users may purchase products and services related to business and life (the “Service”).
Use of quinnkelly.com, including all materials presented herein and all online services provided by QUINN KELLY, LLC (“QK”), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site + Service
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
Information provided on the Site and in the Service related to life and business and other information are subject to change. QK makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. QK disclaims all liability for any inaccuracy, error or incompleteness in the Content.
Account Creation
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to QK will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
Lawful Purposes
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Refusal of Service
QK reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. QK reserves the right to limit the number of participants in any given service, product, online class, workshop, program, club, membership area, course, or, group. QK may at any time change or discontinue any aspect or feature of the Site or Service.
Order Confirmation
We may email you or send you a digital message to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
If you’ve signed up for a subscription with us, the subscription renews automatically and your credit card is charged fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period. Your subscription will start as soon as the program you’ve signed up for begins and your credit card is successfully charged.
If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We may email or digital message you separately to confirm that you have been accepted into the class or workshop.
If you have submitted a deposit or payment in full for a service, QK has the exclusive right to deny service if deemed necessary. If service is denied, a refund may be provided in full.
If you have booked a consult call, private session, or other type of meeting, all terms and conditions of this page apply to your request and/or purchase.
Cancellations, Refunds, Returns, Penalties, & Fees
All digital product sales are final due to the nature of downloadable files and your irrevocable access to them once they’ve been delivered.
If you’re unsure if a product or service is a good fit for you or not, please reach out to us at hello@quinnkelly.com before making a purchasing decision, to ask questions and receive guidance about whether you and our product offer are to be or not to be.
We truly only ever want you to have products you love, adore, and are entirely #obsessed with. And not being sure is totally okay! Reach out to hello@quinnkelly.com so we can work on figuring it out together.
Pre-ordered digital or event ticket items are 100% refundable up until their delivery date. If you’d like to cancel, pause, or otherwise change your purchase, you may let us know at anytime by emailing hello@quinnkelly.com. However, outside of the money back guarantee period, no refunds for past days, weeks, or, months of Service will be given. For add-on Services purchased within a Service, such as a workshop purchased within a recurring subscription based membership site, you must retain active membership to retain access to add-on purchases. Cancellation of the first service means cancellation of the second and in this case no refunds are issued, even if you have not received the add-on service in full. Once the first day of a Service has begun and there is not a specific Client Agreement between you and QK that states otherwise, you have 14 days to change your mind, realize it’s not for you, decide to run off to sail the seas of adventure with your newly-found secret admirer and their surprising well trained sea turtle named Sam. Simply send us an email to hello@quinnkelly.com letting us know all about it (seriously, if there’s a friendly sea turtle and a love boat, we really do want to know all about it), so you can promptly receive a full refund of your initial payment. And you won’t be billed further for that product, unless you buy it again later (Yay! Welcome back! We missed you so much.) which is totally different and restarts the original process over again.
All cancellation requests are processed posthaste (that means super fast) and are treated with respect and kindness. Again, this all exists to help you have a more awesome, more wonder-filled, more rad life. And we’re honored to be any part of it at all, even the: whoops I learned this isn’t for me and I also learned to be super brave and ask for what I want, part.
All payments marked as non-refundable are non-refundable.
For Private Sessions, Project Meetings, Training Sessions, Consult Calls, and the like, purchases are valid for 6 (six) months post purchase, after which time to rescheduling or refunds are given. When you book you may make changes to scheduled meeting times as needed, so long as all changes are requested at least 24 hours in advance of any scheduled start times via the Calendly software or in writing by email to: hello@quinnkelly.com. No shows, cancellations, and postponements made outside of this time frame, are subject to a penalty of $250.00 (two hundred fifty) USD per instance, at the sole discretion of Company, as well as in the case of a scheduled start time being delayed more than 5 (five) minutes due to Client, regardless of meeting type. Clients more than 5 (five) minutes are considered no-shows which means your call is not happening, you receive no refund, and you owe the $250.00 (two hundred fifty) USD penalty fee — just be on time. Text messages, voicemails, mailed correspondence, and other forms of communication are not accepted as requests to session changes. Consult Calls are limited to 1 (one) per individual or business per (1) year. In the case that you would like an additional call, reach out to hello@quinnkelly.com to inquire about alternative options for meeting to discuss projects and services or book a Single Private Session. Consult Calls are executed by Quinn Kelly or a qualified member of QK. No calls come with a guarantee or promise of result because QK is not in charge of you; you’re in charge of you, go-getter! Call purchases are valid for 6 (six) months post purchase, unless otherwise noted at time of booking. after which time to rescheduling or refunds are given. Returned or otherwise delayed payments accrue a Late Payment Fee of $50.00 USD per day until full payment is received by Company.
Product Description
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions, because we might not have drank enough iced coffee the day we published something. We reserve the right to refuse or cancel any order with an incorrect price listing.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify QK from any claim against QK resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
QK reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these Terms and Conditions.
Intellectual Property Rights to Your Materials
QK does not claim ownership of Material you supply to QK. However, the act of posting Material to the site conveys an irrevocable, worldwide license to QK to use and distribute the posted Material in connection with QK’s website and any related QK publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to QK, you agree to hold QK harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
Our Intellectual Property
All content provided on the Site and in the Service are the intellectual property of QK. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
Affiliate Disclaimer
The purpose of this website is to be educational. There are a lot of ideas here, and there are also a lot of suggestions for tools, websites, and guidance on business and life. Some of the links to these tools and websites are regular links. And some of these links are links that, if you click them and make a purchase, QK may receive a commission in exchange, or not. This does not affect the price you pay for anything. This only makes life sweeter for all involved parties. Getting to share products and services that may positively impact your life is truly great, whether that be a book, a service, a program, or just a really cozy organic sweater. This is sometimes called affiliate partnerships and affiliate partnerships just make sharing more fun and more beneficial for everyone who gets to be part of them.
Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, QK is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if QK has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall QK’s cumulative liability to you exceed the total purchase price of the Service you have purchased from QK, and if no purchase has been made by you QK’s cumulative liability to you shall not exceed $100.
Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with QK. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Waiver
No waiver of any of the provisions of this Agreement by QK shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by QK.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Nevada as applied to contracts that are executed and performed entirely in the State of Nevada. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in the State of Nevada. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.