Terms of Use
1. Terms
By accessing programs through Creating Light with Kelsey, LLC's portal/website, 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 portal are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on Creating Light with Kelsey, LLC's portal 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:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Creating Light with Kelsey, LLC's portal/website;
- remove any copyright or other proprietary notations from the materials; or
- 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 Company 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 on Creating Light with Kelsey, LLC's portal/website are provided 'as is'. Creating Light with Kelsey, LLC 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, Creating Light with Kelsey, LLC 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. Limitations
In no event shall Creating Light with Kelsey, LLC 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 Creating Light with Kelsey, LLC's portal/website, even if Creating Light with Kelsey, LLC or an authorized party of Creating Light with Kelsey, LLC has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Creating Light with Kelsey, LLC's portal/website may include technical, typographical, or photographic errors. Creating Light with Kelsey, LLC does not warrant that any of the materials on its website and within the portal are accurate, complete, or current. Creating Light with Kelsey, LLC may make changes to the materials contained on its website and in the portal at any time without notice. Creating Light with Kelsey, LLC does not, however, make any commitment to update the materials.
6. Links
Creating Light with Kelsey, LLC 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 Creating Light with Kelsey, LLC of the site. Use of any such linked website is at the user's own risk.
7. Site Terms of Use Modifications
Creating Light with Kelsey, LLC may revise these Terms of Use for its website and portal 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. Governing Law
Any claim relating to Creating Light with Kelsey, LLC's website/portal shall be governed by the laws of the owner of Creating Light with Kelsey, LLC's home jurisdiction without regard to its conflict of law provisions.
Creating Light with Kelsey, LLC and SAH Method™ Terms and Conditions and Release of Liability
Carefully read as it affects your legal rights. As a result of consenting to receive services by Creating Light with Kelsey, LLC through subscription of the mailing list or purchasing offerings you (participant/participants) are agreeing to the below listed terms and conditions of Creating Light with Kelsey, LLC and the SAH Method™ and to the release of liability.
Understanding the risk of any and all injury that exists while participating in offerings provided by Creating Light with Kelsey, LLC, which include, but are not limited to: the SAH Method™, expressive art, dreamwork, and coaching (hereinafter, the "Activity"): and understanding your (participant/participants) desire to participate in the Activity and being given the right to participate in same:
All participants, heirs, executors, administrators, assigns, legal representatives, and personal representatives knowingly, voluntarily, and unconditionally enter into their release of liability and hereby unconditionally waive any an all rights, claims, interests, causes of action, damages, injuries, losses, costs, or expenses, of any kind whatsoever, now existing or hereafter occurring, arising out of, in connection with, or related to the participation in, and/or observance of, the Activity; and
All participants unconditionally release and forever discharge Kelsey Morgan, individually, Creating Light with Kelsey, LLC, Sah D'Simone, individually, Sah D'Simone, LLC, and their affiliates, parents, subsidiaries, related parties, licensees, licensors, officers, owners, shareholders, directors, instructors, co-participants, legal representatives, employees, representatives, independent contractors, managers, members, agents, attorneys, staff, volunteers, herd, predecessors, successors and assigns (collectively, "Releasees"), from any and all physical or psychological injury or damages, or damages, injuries costs, or expenses any kind or nature whatsoever, that participants may suffer or incur as a direct or indirect result of their participation in, or observation of, the aforementioned Activity.
All participants are voluntarily engaging in the aforementioned activity and are participating entirely at their own risk. These risks may include, but are not limited to: physical or psychological injury, pain, suffering, illness, disfigurement, dismemberment, temporary or permanent disability (including paralysis), economic or emotional loss or distress, or death. These injuries or outcomes may arise from, is in connection with, or relates to the participant's own or others' negligence, conditions related to travel to and from the Activity, or from conditions at the Activity location(s). Nonetheless, all participants assume any and all related risks, both known and unknown, as a result of voluntarily consenting to the participation in the Activity.
Further agreements as a result of subscribing to the mailing list or purchasing offerings through Creating Light with Kelsey, LLC include: All participants indemnifying, defending, and holding harmless this release of liability against any and all claims, suits, causes of action, legal proceeding, or actions of any kind whatsoever for liability, damages, costs, expenses, compensation or otherwise brought by a participant or anyone on their behalf, including, but not limited to, attorney's fees and any related costs.
All participants acknowledge that this Activity may involve a test of their physical and mental limits and may carry with it the potential for significant risks, which include but are not limited to, death, serious injury, and property loss. By voluntarily consenting to receive services through Creating Light with Kelsey, LLC, all participants take full responsibility to not participate in the Activity unless they are medically able and properly trained, and have received approval by any applicable agents to participate in the Activity and the instruction of any and all instructors.
Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event a participant should require medical care or treatment, at any Activity of Releasee, or at any venue, it is up to the participant to authorize anyone to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of an AEDs, emergency medical transport, and sharing of medical information with medical personnel, but understand and acknowledge that no person, entity, or otherwise is required or obligated to provide any such medical treatment or services and Releasees do not make any representation or warranty concerning the adequacy or continuation of such medical services, no be deemed responsible or held liable for any claims arising from, in connection with, or related to the provision of such medical services or the failure to provide or to continue to provide such medical services. No medical personnel is required to be present at the Activity. All costs involved if a participant should need medical personnel services is at the expense of the participant. All participants undertake the Activity at their sole risk with this understanding. It is advised that all participants carry their own health insurance and consult their health care professional before partaking or observing the Activity to ensure they are physically and mentally capable of the activities that may occur during the Activity and that such health care professionals should advise Creating Light with Kelsey, LLC, that the participant is physically and mentally capable of the activity.
By continuing to receive services through Creating Light with Kelsey, LLC, all participants have agreed to release and discharge releasees from any and all claims or causes of action and voluntarily give up or waive any right that participants otherwise have to bring a legal action against releasees for personal injury, emotional injury, or property damage.
To the extend that statue or case law does not prohibit releases for ordinary negligence, these terms and conditions and liability release is also an unconditional waiver and release for such negligence on the part of participants, their agents, and employees.
These terms and conditions and release of liability constitutes the entire agreement between all participants pertaining to the subject matter hero and replaces and supersedes all prior and contemporaneous written and oral agreements or statements by and among the participants. In the event that any damage to equipment or facilities occurs as a result the a participant's, their family, or agent's willful actions, neglect, or recklessness, they will be held liable for any and all costs associated with any such actions.
These terms and conditions and release of liability shall remain in affect for the duration of your (participant/participants) participation in the Activity, during this initial, and all subsequent events, of participation.
This agreement was entered into at arm's-length or online, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both participant and Releasees agree that these terms and conditions and release of liability is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into and not strictly for or against one part or the other as the result of one party being drafter hereof.
All participants agree to give Releasees the right to use or publish, any and all photographs, videos, and audio of participants while they are engaged in or observing the Activity, in conjunction with their name, in print, online, electronically, and otherwise. All participants agree and declare that they are of legal age.
On behalf of all participants and their heirs, executors, administrators, legal representatives, personal representatives, and anyone else claiming on their behalf, agree never to institute any suit, cause of action, arbitration, mediation, legal proceeding, or action at law, in equity, or otherwise against any of Releasees, or to initiate or assist in the prosecution, or consent to the same on their behalf, of any claim for damages, injuries, expenses, costs, or cause of action which the participant or my heirs, executors, administrators, legal representatives, personal representatives, and anyone else claiming on their behalf, may have by reason of injury to the participant's person or property, or the participant's serious injury, disfigurement, dismemberment, illness, or death arising from, in connection with, or related to the Activity, whether caused by the negligence and/or other fault, either active or passive, of any of the Releasees or other participants, or from any other cause. Should any such suit, cause of action, legal proceeding, or otherwise be instituted against any of the Releasees, all participants agree they shall indemnify, defend, and hold such Releasee harmless and Releasees shall be entitled to recover from any participant, if funds are not advanced by a participant, any and all damages, costs, and expenses arising from, in connection with, or related to the same, including, but not limited to, attorneys’ fees and expenses and expert and professional fees and expenses incurred, or to be incurred, in defense of such suit or action, including any appeals therefrom or enforcement of the same.
In the event that any provision contained within these terms and conditions and release of liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of these terms and conditions and release of liability shall be determined to be unlawful or otherwise unenforceable, the remainder of these terms and conditions and release of liability shall remain in full force and effect. If a court should find that any provision of these terms and conditions and release of liability to be invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. All pronouns and all variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the context in which they are used may require. The terms “include”, “includes”, “including”, “such as”, or words of similar comport, are not used in any limiting sense, but rather by way of example or illustration and shall be deemed to refer to all other items or matters that could reasonably fall within the broadest scope of such statement, terms, or matter and, hence, shall be deemed to be followed by “without limitation”.
These terms and conditions and release of liability cannot be modified orally. Creating Light with Kelsey, LLC is the only party that can make written modifications. All participants are participating in the Activity at their own free will. If participants do not agree to the terms and conditions and release of liability, participants can choose to no longer receive services but will still be bound to agreed payments when applicable. By continuing to receive services through Creating Light with Kelsey, LLC, participate in the Activity, and utilizing the portal/website, by default, all participants are in agreement of the terms and conditions and release of liability.