Terms of Service.

1. Terms

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;

  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  3. attempt to decompile or reverse engineer any software contained on the School’s web site;

  4. remove any copyright or other proprietary notations from the materials; or

  5. transfer the materials to another person or 'mirror' the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by the School at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials and services provided by the School are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limited Liability

The School makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the course or coaching services negotiated, agreed upon and rendered. In no event shall the School be liable for any direct, indirect, compensatory, consequential, or other special damages, including punitive. Notwithstanding any damages that you may incur, the School's entire liability under this Agreement, and your exclusive remedy, shall be limited to the amount actually paid by you to the School under this Agreement for all courses and/ or coaching services rendered through and including the termination date.

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage.

5. Revisions and Errata

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.

6. Links

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

8. Schedule and Fees

A. The fees for the course and/ or coaching program and any additional ad hoc Coaching are earned upon receipt. 

B. The refund policy in effect for the term of this agreement is clear that fees are earned upon receipt and thus nonrefundable for any reason. 

C. Should a medical procedure or life-threatening incident occur that prevents you from completing 3/4 or more of the course and coaching program, you may postpone completion of the program to a time when you are well enough to complete the coaching program, provided that you can provide medical documentation of the issue upon request of the School and the School will define available “credit” available to be scheduled to a new date and time.

9. Confidentiality

A. This coaching relationship, as well as all information (documented or verbal) that you share with the School as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications may not be subject to the protection of any legally recognized privilege. The School agrees not to disclose any information pertaining to you without your written consent. The School will not disclose your name as a reference without your consent.

B. Confidential Information does not include information that: (a) was in the School’s possession prior to its being furnished by you; (b) is generally known to the public or in your industry; (c) is obtained by the School from a third party, without breach of any obligation to you; (d) is independently developed by the School without use of or reference to your confidential information; or (e) the School is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the School and as a result of such disclosure the School reasonably believes there to be an imminent or likely risk of danger or harm to you or others, and (g) involves illegal activity. You also acknowledge your continuing obligation to raise any confidentiality questions or concerns with the School in a timely manner.

10.Termination

A. Either you or the School may terminate this Agreement at any time with written notice via email to info@meditationwithkim with the subject line “Termination”.

B. You understand, however, that fees paid are earned upon receipt and that no refund of fees will be due to you if you terminate this agreement and withdraw from the course and/ or coaching program.

11. Entire Agreement

This document reflects the entire agreement between the School and you and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the School and the you.

12. Dispute Resolution

A. If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the you and the School agree to attempt non-binding, confidential and private mediation. Mediation must be requested within 30 calendar days after notice of a dispute is given. If a dispute arises after termination of this Agreement, the parties must institute these Dispute Resolution procedures within 30 calendar days after termination, or else the parties forfeit their right to third-party resolution.

B. If mediation is not effective to resolve the dispute, the parties agree to proceed to binding, confidential and private arbitration.

C. Attorney’s Fees & Costs

1.    In the matters of mutual consent and non-binding, confidential and private mediation, the parties agree to bear their own costs.

2.    If the parties proceed to binding, confidential and private arbitration, the substantially prevailing party (as determined by the Arbitrator) shall be entitled to recover reimbursement of attorney’s fees and court costs from the non-substantially prevailing party. Otherwise, if no determination of “substantially prevailing party” is made, the parties bear their own fees and costs, respectively.

13.Applicable Law

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction of Texas without regard to its conflict of law provisions.