General Terms And Conditions
EFFECTIVE DATE: December 2015
BY VISITING www.KimmberlyWotipka.com, YOU ARE CONSENTING TO OUR HEALTH DISCLAIMER.
Information and statements made are for education purposes and are not intended to replace the advice of your treating doctor.
Kimmberly Wotipka and KimmberlyWotipka.com does not dispense medical advice, prescribe, or diagnose illness. We design and recommend holistic modalities, empowerment programs, nutritional programs and supplements that allow the body to rebuild and heal itself; physically and emotionally. The views and nutritional advice expressed by this website, blog and Kimmberly Wotipka are not intended to be a substitute for conventional medical service.
Kimmberly Wotipka encourages her website visitors and clients to continue to visit and be treated by his/her health care professionals, including, but not limited to, a physician.
The website visitor/client understands that Kimmberly Wotipka is not acting in the capacity of a doctor, licensed dietitian-nutritionist, psychologist or other licensed or registered professional. Accordingly, the website visitor/client understands that Kimmberly Wotipka is not providing health care, psychotherapy, medical or nutrition therapy services and will not diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body.
The website visitor/ client has chosen to work with Kimmberly Wotipka and understands that the information received should not be seen as medical or nursing advice and is certainly not meant to take the place of you seeing licensed medical professionals.
Please check with your physician before making any exercise or dietary changes.
Owners and Collectors of Information
Evolving Traditions DBA Kimmberly Wotipka
608 S. Main # 15
Highlands, TX, 77562
The contents of our Sites are protected by copyright and trademark laws, and are the property of their owners. “Elemental Priestess” is trademarked by Kimmberly Wotipka, and all information on the Sites is copyrighted by Evolving Traditions DBA Kimmberly Wotipka. Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the Sites. You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. By using the Sites, you agree to abide by all copyright notices or other posted restrictions.
Events, Information, and Speaker Changes
The events, information, and speakers listed on our Sites are subject to change without notification.
We welcome your comments about any of the Sites. However, we will not review or consider any unsolicited creative submissions or suggestions for topics at our seminars or within our newsletters or products. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any idea, suggestion or material (“Submission”), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.
A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.
The information, services, products, claims, seminar topics, and materials on our Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our products or to our participants at our events. The only exception is the guarantees of satisfaction and graduation that are clearly labeled guarantees within our Sites. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on the Sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.
Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker on our Sites or at one of our events.
We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.
No Professional Advice
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
15 Day Satisfaction Guarantee
Participants have 15 days, from the date of enrollment, to see if any self-paced (home study) or live program is right for them. If, in the case that it’s not, simply submit all homework and completed class materials for the time in the program, along with an explanation about your decision to [email protected] This must be submitted within 15 days of enrolling, no exceptions. Each submission will be addressed on a case by case basis. In the event a participant purchases a downloadable program, this does not apply.
Except as required by law, the Company does not offer refunds for:
Private Coaching and Mentoring Programs with Kimmberly Wotipka
There are no refunds for private coaching programs with Kimmberly Wotipka, so please make sure that you can afford the program before investing.
Participants choose to pay their investment with Kimmberly Wotipka by purchasing a private coaching program to be renewed monthly by the Auto-Pay feature or a one-time payment for the monthly cycle agreed upon when enrolling in the program. Cycle being defined as the number of months the coaching/mentoring program is. By enrolling in a Private coaching program, Kimmberly reserves the participants place in her coaching schedule for an entire cycle. Each coaching/program cycle begins at the time the first payment is made. It is the clients responsibility to make and keep appointments with Kimmberly. Failure to make appointments in a timely manner will result in the loss of some of the appointments without refund for those missed appointments. It is up to the participant to make their appointments at the times that work for them, based on the availability within the cycle. If the participant needs to reschedule a previously scheduled call, please give Kimmberly at least 48 hours’ notice, by logging into the Appointment Scheduler and re-booking a new appointment as well as canceling the appointment that needs to be rescheduled. If the participant has an emergency (illness) Kimmberly is flexible with them and will work around it, otherwise a missed call(s) cannot be made up.
Participants will have access to Kimmberly’s private cell phone number and email address for the program for each cycle their Coaching/Mentoring is renewed. Once a participant chooses to end their coaching contract/cycle private access with Kimmberly will end.
Since we have a clear and explicit Refund Policy in these T&C that you have agreed to prior to completing the purchase of a Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all relevant 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, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Individual Classes, Programs, Meditations, and eBooks
Participants will pay their investment with Kimmberly Wotipka by purchasing individual classes, programs, meditations, ebooks, etc, through a single payment feature or payment plan. Participants will receive an email with download access information at that time.
Participants will have access to the download page until they choose to unsubscribe from the Kimmberly Wotipka mailing list, or their subscription (if in conjunction with a membership) duration expires.
Access to each individual class, program, meditation, etc, will be good for 12 calendar months, at which time access to said purchase will expire. If the participant wishes to continue to access said purchase, they will need to purchase the product again.
Participants will have “Lifetime” access to the class, program, meditation, etc…. “Lifetime” defined as, so long as the program is available for individual enrollment in Kimmberly Wotipka. Once the program completes and/or the program will no longer be offered as an individual offering, it may or may not be removed from Kimmberly Wotipka at the discretion of Evolving Traditions DBA Kimmberly Wotipka.
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites
Earnings Disclaimer – Business Related Programs
We don’t believe in “get rich” programs – only in hard work, adding value, building a real and professional career, and serving others with excellence and constancy. Our programs are intended to help you share your message with a wider audience and to make a difference in the world while enhancing and growing your personal brand. Our programs take a lot of work and discipline just like any worthwhile endeavor or professional continuing education program. Please don’t enroll in our programs if you believe in the “money for nothing get rich quick” myth or ideology; we only want serious people dedicated to real professional development who want to add value and move humanity forward. As stipulated by law, we can not and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools or strategies. We don’t know you and, besides, your results in life are up to you. Agreed? We just want to help by giving great content, direction, and strategies. We You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Making decisions based on any information presented in our products, events, services, or web site, should be done only with the knowledge that you could experience risk or losses just like any entrepreneurial endeavor. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
The Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Explicit Language & Mature Content
On our Sites we will occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language. Users who are uncomfortable with such topics or language should not use our Sites.
Confidentiality and Non-Compete
Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We control this site from offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site 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.
Outside Sites (Their Privacy Policies May Be Different)
How and why we collect information
We collect your information in order to record and support your participation in the activities you select. If you register for a seminar, for example, the information is used to reserve your seat, to track your preferences, and to keep you informed about the seminar and related events. As a visitor to our Sites, you can engage in many activities without providing any personal information. In connection with other activities, such as utilizing registering for a seminar or participating in a sweepstakes, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including ZIP code), e-mail address, telephone, credit card, and other personal information. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. In all cases, we will collect personal identification information from you only if you voluntarily submit such information to us. We will also tell you how we use your information or if we share it with another party. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission. If you supply us with your contact information you may receive periodic emails, mailings or calls from us with information on new products and services, important issues, or upcoming events. If you wish to be removed from any postal, email, phone, or other lists, please let us know by emailing us at [email protected] You can also write to us or call us at the contact information above. Please provide us with your exact name, email address, mailing address, and phone. We will be sure your name is removed from the appropriate lists immediately. When you use our Sites, we or our authorized technology services provider may also collect certain technical and routing information from you to facilitate your use of the Site and its services. We use this information to administer the Site and to understand and measure traffic patterns on the Site so that we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. This information is collected in aggregate form, without identifying you or any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes. This data is often tracked by our technology services provider by using “cookies” during your visit. A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables us to record your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.
Changes To This Policy
You acknowledge and agree that it is your responsibility to review this Site and these Terms and Conditions periodically and to be aware of any modifications. We will notify you of any changes to these Terms and Conditions by posting those changes on this page.