Legal Agreement Documents
Terms of Use
This is a binding legal contract. Please read it in full. Welcome to Kellie Prophet, LLC, DBA Love Ordinary. This website is made available to you on the following conditions, and you consent to these terms by continuing to use the site. Please read them carefully, and if you disagree with any, navigate away from the site. Sometimes, you will be subject to additional terms and conditions, such as when you purchase something or disclaimers which may appear on the site.
PRIVACY POLICY
To learn how we handle information that we learn about visitors to our site, please visit our privacy policy page.
ELECTRONIC COMMUNICATIONS
You consent to receive communications from us electronically and agree that any notices or disclosures we are required to provide to you now or in the future may be provided to you in electronic form. OUR
COPYRIGHTS
The content you see here, including text, images, custom software, compilations of resources, and audio and video content, or made available by the site elsewhere, is the sole and exclusive property of Kellie Prophet LLC, DBA Love Ordinary. It is protected by United States and international copyright laws. We take our intellectual property rights seriously and search for infringing uses of our copyrighted material, such as copying, passing off as your own, or other infringing uses, whether personal or commercial. If you desire to use the information on this website other than by viewing it for your personal use, we offer licenses, starting at $5,000 each, to do so. If you are found using the information other than as explicitly allowed by this agreement, we will notify you and bill you accordingly.
OUR TRADEMARKS
Logos, slogans and catchphrases, design aspects of the site, icons, scripts, and service names which appear on the site or elsewhere are trademarks of Kellie Prophet LLC, DBA Love Ordinary and protected by U.S. law. These trademarks help consumers identify Kellie Prophet LLC, DBA Love Ordinary as the source of the information or materials bearing the logo, slogan, or other trademarked design. They may not be used by you in any way that is likely to cause confusion among consumers, implies a connection or endorsement, or that undermines or discredits the brand. ACCESS
RESTRICTIONS
You are permitted to use the site for personal and non-commercial use. This means you cannot resell or make other commercial use of any of the content on this site, such as by downloading, copying, duplicating, reproducing, or otherwise removing information from the site for your (or a third party’s) commercial benefit, whether manually or by electronic means. We reserve all rights, including those not expressly granted in these Terms or elsewhere on the site. You may not engage in tactics to gain an unpermitted benefit from the site, such as hiding logos or content to improve search rankings. You are responsible for understanding the laws of your jurisdiction as they pertain to using a website like this one, and agree to be bound by the requirements of those laws. The limited license you are granted to use this site is terminated if you violate any of these Terms.
CONTENT PROVIDED BY YOU
Occasionally we may make comment features available to site visitors. You agree not to post anything illegal, vulgar, threatening, obscene, defamatory, libelous, or infringing, or to make use of comment features to promote spam, commercial solicitation, or software viruses. We reserve the right to delete any comment regardless of its contents, and to block you from our site in our sole discretion. We also make a contact form available for your use. Whether you provide content to use through a comment feature or contact form, you give us a non-exclusive, royalty free right to use, reproduce, publish, adapt, display, and distribute any such content throughout the world in any form. This includes the right to include the name under which you submitted the content. Please be aware of this before sending personal information or information with commercial value, whether by or about you or any third person or entity.We take no responsibility or assume liability for any content posted by you or any third party.
COPYRIGHT ISSUES
We take copyright issues seriously. If you feel we have infringed upon your copyrights, please contact us at
loveordinary@kellieprophet.com . We will promptly investigate the matter.
OTHER PARTIES’ INFORMATION
Occasionally, we will post about, or allow other parties to post about, information and services provided by companies other than Kellie Prophet LLC, DBA Love Ordinary. We do not warrant the offerings of these companies or the safety of their websites. We do not assume any responsibility for their actions, or the outcome of using their products or content. You are advised, and agree, to review the terms and privacy policy governing the information, services, and goods of third parties you may learn about on this site.
DISCLAIMER OF WARRANTIES; USE AT YOUR OWN RISK
THE INFORMATION AND CONTENT MADE AVAILABLE TO YOU ON THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE HERE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY PART OF IT IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES PROVIDED BY THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF INFORMATION, CONTENT, OR OTHER MATERIALS OR SERVICES INCLUDED ON THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, TO THE EXTENT YOUR STATE LAW ALLOWS FOR SUCH DISCLAIMERS. GOVERNING LAW
By using the site, you agree that any dispute related to these terms or with Kellie Prophet LLC, DBA Love Ordinary will be governed by the laws of the state of Tennessee, without regard to principles of conflict of laws, and you agree to submit to personal jurisdiction of Tennessee.
AMENDMENTS AND OTHER MATTERS
We may make changes to the site, our offerings or information, and these terms at any time and without prior notice. If any of these terms is deemed invalid for any reason, that term shall be severable and the remaining terms shall be given their maximum effect. By using this site, you certify that you are over the age of eighteen. If you make a purchase on this website, you are subject to this agreement and others, including our no refunds policies, if any.
Updated 2/01/23
Disclaimer
This is an important legal document! If you do not understand these statements or any that follow, do not purchase our programs and discontinue use of this website.
Mental Health Policy
Kellie Prophet is a pre-licensed mental health professional in the state of Tennessee. However, Kellie only provides coaching services to clients of Kellie Prophet, LLC, DBA Love Ordinary. Coaching is not a substitute or alternative for mental health counseling, psychoanalysis or examination, or other mental health services. Do not delay diagnosis or treatment. Do not postpone appointments, go without or adjust medications, or otherwise rely on coaching as a substitute or alternative for mental health care.
In the event the coach deems, in the coach’s sole discretion, that coaching is not appropriate for you, coach will notify you of the termination of the coaching relationship. Coach Kellie is unable to provide therapy services to you.
As a licensed mental health professional, coach will provide certain therapy-style documents to you at the start of the coaching relationship, although therapy will not be provided. These documents are intended to explain how certain aspects of a mental health setting may carry over to the coaching relationship.
For example, while coaching is not subject to any privilege, coach does strive to keep communications confidential.However, there are certain instances, usually pertaining to self-harm or harm to others, that the coach will abide by mandatory reporting rules typical of mental health settings.
Coach Kellie does not provide letters for ongoing court cases or other purposes.
Coaching Disclaimer
The advice, and interactions presented on this website and in our products and services are solely for informational and educational purposes, in the area of improving health & wellness.
The information supplied is meant to serve as tools for self-help for personal use at your own discretion in conjunction with medical professionals, therapists, accountants, lawyers, tax professionals, or other licensed professionals that serve you.
Kellie Prophet, LLC, DBA Love Ordinary and Kellie Prophet are not licensed to provide medical diagnoses, medication advice, prescriptions for medication, legal, financial investing or tax recommendations or advice.
The author assumes no responsibility for any circumstances arising out of the use, abuse, interpretation, or application of any information supplied on this website or in our programs. You understand and acknowledge that you are in the best position to evaluate how our information will impact your personal set of circumstances, including known and unknown risks. If you use or rely upon our information, you acknowledge that you do so voluntarily.
Our role is to support and assist you in feeling better, improving your fitness level, eating healthy, reaching your goals, and connecting to self but your success depends on your own commitment, motivation, communication, follow through and investment to the program.
You alone are solely and personally responsible for your results, and your background, dedication, desire, individual capacity, life experience, unique health and genetic profile, starting point, and willingness to learn will impact your results.
Application of the principles outlined here may vary from person to person and you accept the risk that your results may be different. We cannot and do not guarantee that you will attain a particular result.
Do not disregard professional advice or delay seeking professional advice because of information you have read on this website or received from us.
I am not a licensed health care provider and do not engage in patient diagnosis or the practice of medicine. The information I supply is not a substitute for proper medical care by a physician, who can provide appropriate exams, treatment, diagnoses, and care recommendations.
Do not self-diagnose. Do not stop taking any medications without speaking to your physician or health care professional. If you have or suspect that you have a medical problem, contact your health care provider promptly.
I am not a licensed financial professional. I do not provide investment recommendations or advice.
We advise you to speak with your own licensed financial planner before establishing a budget, making or changing investment strategies, making purchases, taking loans, changing or leaving employment, starting a business or changing business strategies, or engaging in tax savings methods.
We do not perform accounting services, tax advising, or investment counseling, and recommend that you consult licensed professionals regarding these topics.
Your use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you or any other person may incur from your or their use or non-use of the information provided.
In no event will we be liable to any party for any direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on this website, programs, services, and/or products, including, without limitation, any lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information or any other loss, malady, disease or difficulty, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
NO WARRANTIES:
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, SERVICES, OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EQUITABLE, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES.
Some states do not allow for disclaimers of implied warranties. The paragraph above may not apply to you.
Privacy Policy
Introduction and Summary
We want to make it easy for you to understand what information we collect from you, what we do with it, and how you can request access to this information.
We believe this is a best practice to maintain transparency and trust with our website visitors and clients, and it just so happens that this complies with the laws of many countries around the world, too. If you have questions about this policy, you can contact us at loveordinary@kellieprophet.com.
We collect as little information from you as possible for a specific and identifiable purpose, and then we commit to using this information only in the way we have specified. When you visit this site, you are agreeing to this Privacy Policy, the collection of information identified in this policy, and you always have the ability to opt out.
What Personal Information We Collect and When
We collect information so that we can make our products and services better tailored to the people who visit our site and do business with us. We collect this information to (i) deliver products and services you have purchased from us, (ii) to notify you about our product or service offerings that you may be interested in, so long as you have given us consent to do so.
We collect information from you directly and indirectly through third-party services, as follows:
When you contact us...
With questions or comments in the contact form.When you comment on a post directly on the website. To request more information, schedule a telephone call, or sign up to the newsletter. To place an order for products or services. To receive your product or services.
When we contact you...
To provide the goods and services you requested. To request occasional feedback. To provide news, updates, and offers through the newsletter, usually by email, with an opt-in consent.
When we contact others...
We may see certain personal information from third party apps and services that allow us to complete your order.We may see certain personal information from third party installations that allow us to re-market our services and products to you on other websites.We may see certain personal information from third party apps and services that allow us to monitor website traffic, email conversion, and other analytics data. We may see your personal information when we work with third party processors, like our email provider and web host. For EU residents, please note that this means we may transmit your data across international borders.
Your Privacy Controls
We use third-party services on our websites to assist in communicating or interacting with the public, including social media services, widgets, apps, pixels, and plugins, as further identified below. These services may distinguish or trace your identity, through, for example, persistent, multi-session cookies.
You can configure your system to delete cookies or disable them. In general, we do not collect or disseminate information collected by these services. When interacting with these third parties, their privacy policies apply. As of the time of this writing, we use:
Google Analytics: Specifically, Google Analytics collects data about visitors to the Site viaGoogle advertising cookiesandanonymous identifiers, in addition to other data which may be collected through a standard Google Analytics implementation. We do not merge personally-identifiable information with non-personally identifiable information collected through any Google advertising product or feature. Should you wish to opt out of any Google Analytics Advertising features, you are encouraged to change your Ad Settings and Ad Setting for mobile apps, through the NAI’s consumer opt-out, or by using any of the other opt-out options.
Cookies are small text files placed on your computer to collect information about the pages you view and your activities on the site. They enable the site to recognize you by, for example, remembering your user name, offering a shopping cart, or keeping track of your preferences if you visit the site again. The cookie transmits this information back to the website's computer (or server) which generally is the only computer that can read it. You can set your Web browser to warn you about attempts to place cookies on your computer, or to limit the type of cookies you allow. See also more information on how to change cookies settings in popular desktop browsers.
This site uses single and multi-session cookies to enhance the visitor experience. Use the link above to opt out. This site does not sell or share its email list for use by third parties.
If you choose to opt out of some or all of our data collection, you may not be able to access all features of this website or our services.
Keeping Your Information Secure
We store personal information with third parties that use industry standard practices for data security.
Your Rights to Your Information
You own your personal information and have rights to it. For example, you have the rights to: - Withdraw your consent for us to market our products and services to you and otherwise use the personal information you have provided to us. Withdrawing consent is easy. Simply click “unsubscribe” in the footer of our emails, or email loveordinary@kellieprophet.com
- Request a copy of the information we have about you;
- Be forgotten (that is, have your data deleted and/or ask us to stop using your information for any purpose);
- Correct inaccurate information we have about you (and that means we will notify other service providers we use, and who hold your personal information for us, of those changes as well);
- Object to direct marketing and profiling (for example, we will remove you from our email list and from any list we have uploaded for the purposes of creating custom or retargeted audiences). We also encourage you to disable data collection services on your browser;
- Make complaints about the use of your data to regulatory authorities. We will comply with these requests within 30 days.
Compliance
We make commercially reasonable efforts to work with data controllers (like our email provider) who guarantee compliance with privacy laws like the European Union’s General Data Protection Regulation.
We store your personal information only for as long as it is needed to use it for the reasons you have consented to.
Occasionally we will revise this policy and will use your contact information to notify you of these changes if they reduce your privacy rights in any way.
Our data protection officer is Kellie Prophet, loveordinary@kellieprophet.com.
Updated 2/01/23
ONE-ON-ONE COACHING AGREEMENT
This is an agreement between Kellie Prophet, LLC, DBA Love Ordinary (“Company”),
and [Client name] (“Client”)
made on _______________________ [date] (“Effective Date”).
Client contact information for delivery of program materials and coaching sessions:
Telephone number: _________________________
E-mail address: ____________________________
1. This Agreement provides access to a X week program entitled The X Week Journey (the “Program”) as follows:
Lifetime access to the online portal;
Weekly email prompts to Client’s email address; and
X one-on-one coaching sessions with (“Coach”), to be scheduled as provided for in this Agreement.
2. One-on-one sessions shall be scheduled for a date that is within X months of the Effective Date of this Agreement, using the scheduling link available at www.calendly.com/kellieprophet
Unused sessions are forfeited at the expiration of the X month period, without refund.
3. Coaching sessions take place by phone or Zoom, and the call or video session will be initiated by Coach.
4. This Agreement does not include done-for-you services of any kind.
FEES
5. Payment for the Program is at the option of the Client, as either one payment of $X USD, or X recurring payments of $X.
6. Acceptable payment methods: Credit cards.
RESCHEDULING OF ONE-ON-ONE COACHING SESSIONS
7. Twenty-four (24) hours’ notice by email or via the online calendar is required to reschedule.
Failure to provide notice results in a forfeited session.
CONFIDENTIALITY
8. Information shared in coaching sessions is confidential and not shared outside the session unless mutually agreed upon and documented in writing by Coach.
Confidentiality Exception: If Coach is required by law to make disclosure regarding the information shared in a coaching session, or where Coach has a good faith belief that disclosure of such information is necessary to comply with the law; or to protect Coach’s rights or property; to avoid harm to the Coach, Client, or a third party; or to respond to an emergency, Coach will limit disclosure to essential information.
ACCESS AND INTELLECTUAL PROPERTY
9. Occasionally the contents of the online portal and access to Coach may have to change based on Company needs, available technology, and factors outside the Company’s control. The Company will replace or substitute the items included in this Agreement, if it determines it is necessary to do so in its sole discretion, with something similar of equal or greater value.
10. Ownership of Wrien Materials. As a Program participant, you will have one license to view written materials
provided by Company.
You do not have ownership of this information, which is protected by federal copyright laws. You may not copy, re-engineer, distribute, or otherwise provide access to this information to any other person, for free or paid, in whole or in part, without express written consent of Company, which it may withhold for any reason, and purchase of a license
(prices start at $2,500.00).
Failure to abide by this policy will result in termination of access to the materials and issuance of an invoice for the license fee.
11. Kellie Prophet LLC DBA Love Ordinary Co. protects its names. You are not receiving permission to use trade and service marks of the Company, including its name or the Program name, or any other mark owned by the Company.
TERMINATION
12. Client may choose to discontinue the coaching portion of the Program at any time, for any reason, subject to the refund policy in this Agreement.
13. a. Coach may discontinue the coaching relationship for the following reasons: Client, if paying in installments, fails to make payment (by choice or because the payment method is canceled, declined, or otherwise unavailable) within 7 days of the due date. No refund shall issue in this circumstance and no further sessions shall be conducted and access to Program materials shall be revoked. Client acknowledges that this is a five-month Program, and not a pay by month, or pay for partial access, option, which would not be fair to those who commit to the entire five-months.]
b. Coach determines, in her sole discretion and without requiring disclosure of the reason, that the relationship must terminate. In this circumstance, Coach will provide a pro-rated refund of [$200] for each of the remaining sessions.
REFUNDS
14. By signing this Agreement, you acknowledge that no one has represented to you that refunds are available. Even if you cannot participate for any reason, you will continue to be billed according to the schedule in this Agreement until paid in full. Kellie Prophet, LLC considers this policy a material inducement to entering into this Agreement, and would not have done so unless this No Refunds policy were included.
DISPUTES
15. This Agreement is made and shall be enforced according to the laws of the State of Tennessee, without regard to its conflicts of law principles. Client agrees to submit to personal jurisdiction in Murfreesboro, TN, as the sole forum in the event of a dispute under this Agreement. 16. Any claims arising from this agreement for losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs, shall be limited to the amount paid hereunder.
OTHER
17. This Agreement, any business policies and credit card authorization form, and Client Responsibilities document is the final and complete agreement between the parties hereto, and any changes must be made in writing and signed by both parties. A waiver of one provision shall not be deemed a continuing waiver or a waiver of any other provision of this Agreement.
18. By signing this Agreement, Client agrees to its terms and acknowledges that he or she has read and understands the Disclaimer available at hps://www.kellieprophet.com/disclaimer and which is incorporated herein by reference.
Client Signature: _______________________________ Date: _______
Coach Signature: _______________________________ Date: _______