These terms apply to your use of this website and all of the sites and services owned or operated Kimberly Seltzer, a California sole proprietor, including eliteimagemakeovers.com, and any other sites that we have owned or operated, do own and operate or may own or operate in the future (collectively, the “Sites”). These terms also apply whenever you purchase any of our products or services on this Site or any of our other Sites, including our group and individual coaching programs and our e-learning courses, books and other products (collectively, our “Products”). By accessing or using the Sites or purchasing a Product, you agree to be bound by and to follow these terms.
We reserve the right to modify these terms at any time, so please check this page periodically for changes. By using these Sites or ordering a Product after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these terms, please do not use this Site or any of our Sites.
Payments for Online Purchases
Payment for your online purchases shall be made via credit card, Paypal or other approval payment method, as specified at the point of payment. We will charge your credit card the purchase price, including all fees for shipping and all applicable taxes, immediately or, if you have elected an optional payment plan, in accordance with the payment plan schedule provided at the point of purchase. All prices and other dollar amounts are listed in U.S. Dollars.
By placing an order with us, you represent and warrant that the credit card or payment account that being used is yours and/or that you are duly authorized to use the account, and you agree to indemnify and hold harmless Kimberly Seltzer, and each of her shareholders, officers, directors, employees, contractors, coaches, representatives and agents (each, a “Company Releasee” and collectively, the “Company Releasees”) from any and all damages or losses of any nature or kind, including attorneys’ fees, that any Company Releasee may incur arising from any breach of or inaccuracy in the foregoing representation and warranty.
Every effort has been made to ensure the accuracy of prices, items, and availability of Products available through our Sites; however, typographical or clerical errors do occur. Accordingly, we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. Images of Products on the Sites are for illustrative purposes only; actual Products may differ from such images.
Cancellations and Refunds
All purchases of group and individual coaching programs are final and non-refundable. If after completing one of our courses, you believe did not derive substantial value from the course, we will gladly refund your course fee. To claim a refund, please submit a written refund request to [email protected] In your request, you are required to verify that you completed all course material and home assignments in accordance with the instructions provided in the course. To be valid, we must receive your refund request within 180 days of your date of purchase.
Provisions Pertaining to Copyright and Intellectual Property
The content of our Sites, as well as our Products, are protected by United States and international copyright and trademark laws and are the sole property of Kimberly Seltzer. Unless otherwise noted, you may access and use the information and materials within the Sites and within Products you have purchased for personal, non-commercial purposes only. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on any Site or in any Product without our prior written consent. Upon payment in full for a Product, you will receive a single-copy, non-exclusive, non-transferable license to the purchased Product for personal, non-commercial uses only. Reproduction of any kind (including by electronic distribution or photocopies) of any Product without the prior written consent of the Company is strictly prohibited and is a violation of U.S. Copyright law.
Confidentiality and Non-Use of Proprietary Materials
The tools, processes, strategies, materials and information presented on our Sites and in our Products are proprietary. By accessing the Sites and/or our Products, you 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 proprietary concepts, materials, and intellectual property by you or your representatives is prohibited, and we will pursue legal action and full damages if these terms are violated in order to protect our rights.
The following terms are trademarks that are owned by us. Use of these (or confusingly similar) marks without our prior written consent is prohibited.
Elite Image Makeovers
The information contained in or made available through the Sites and/or in our Products, including but not limited to information contained on our blogs, e-books, videos, message boards, and other written or audio-visual materials, as well as information imparted during group or individual coaching sessions, cannot replace or substitute for the services of trained and licensed professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor or other licensed health care professional in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.
By accessing our Site and/or using our Products, you affirm and acknowledge that life coaching and dating coaching are not forms of or substitutes for counseling, psychotherapy, mental health care or other medical or health care intervention of any kind. Our guest speakers, teachers and coaches are not, and do not claim to be, licensed medical or mental health professionals of any kind, and coaching is not a licensed activity in the State of California or any other jurisdiction. If you are currently under the care of a medical or mental health professional, it is your responsibility to consult with that person regarding the advisability of working with a coach. If at any time you feel the need for professional counseling, you agree to promptly seek the assistance of a licensed professional. In addition, participating in coaching entails risks associated with a challenging program of personal growth and development, including risks of mental or emotional upset as well as risks that may not be foreseeable when you begin a coaching engagement. By purchasing a coaching Product and participating in coaching, you freely and voluntarily assume all such risks and you acknowledge and agree that you are responsible and accountable for your decisions, actions and results in life, and you agree not to attempt to hold any Company Releasee liable for any such decisions, actions or results, at any time, under any circumstance.
Coaching Session Scheduling and Cancellation Policies
If you have purchased a Product that includes group or individual coaching sessions, you agree to the following additional terms regarding session scheduling and cancellation.
You agree to provide 24 hours’ advance notice of session cancellation or you will be charged in full for the session. After the second such incident, all future cancellations will be charged in full. For Monday sessions, cancellation by Friday at 5:00 p.m. PST is required.
All group coaching schedules are subject to change. You agree to verify group coaching schedules in advance and to read promptly all communications sent by us regarding scheduling. We are not responsible if you unable for any reason attend a scheduled group session.
If you are more than ten minutes late for a session, the appointment will be deemed cancelled without 24 hours’ notice, and you will be charged in full for the session. No refunds will be provided in the event you miss or are late to a scheduled session.
To avoid misunderstandings, if you fail to reach your coach for a scheduled session by phone, you agree to contact your coach via email and text message.
Effective coaching requires you and your coach to share honest communications about personal subjects. Communication via telephone or email may entail extra challenges since there is no exchange of body language, facial expressions, and other subtle cues. For these reasons, it is important for you and your coach to give each other latitude and promptly ask for clarification if there is a misconnection. To foster a powerful coaching relationship, you agree that if your coach says or does anything upsetting, you will quickly bring the matter to your coach’s attention so that it may be thoughtfully addressed as soon as possible.
To support you fully in realizing your stated coaching objectives, early termination of your coaching engagement is not permitted except in highly unusual circumstances. If you wish to terminate the coaching engagement early, you agree to detail your complaints and grievances verbally and in writing and to allow your coach at least 30 calendar days to repair the issue. If following this 30-day period you still wish to end the engagement, you must submit a request in writing to terminate the coaching relationship to Kimberly Seltzer at [email protected]
In the event of an early termination of a coaching engagement, you will be charged pro rata for all sessions, classes and/or package components used up to through the date of termination at the retail price (not package price) of each element at the date of termination, plus a cancellation fee of $150.00 USD.
Disclaimer of Warranties
The information, services, products, claims, and materials on our Sites and in our Products are provided “as is” and without warranties of any nature or kind, either expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including but not limited to implied warranty of fitness for a particular purpose, non-infringement, title, data accuracy, or effectiveness of the ideas or success strategies listed on this site as well as those that are provided on our Site, in our Products, or to our participants at our events. Neither we nor any Company Releasee warrants that any functions contained in the Sites or in our Products will be uninterrupted or error-free, that defects will be corrected, or that the Sites or Products or the server that makes them available are free of viruses or other harmful components. Neither nor any Company Releasee warrant or make any representations regarding the use or the results of the use of the services, Products, information or materials in our Sites 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 computer systems. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
By accessing the Sites and/or our Products, you agree that to the maximum extent permitted by applicable law, under no circumstances, including but not limited to negligence, will we or any Company Releasee be liable for any special, consequential, exemplary or punitive damages arising from or in connection with the use of, or the inability to use, the Sites or in any of our Products, 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. To the fullest extent permitted under applicable law, the total liability of the Company Releasees to you shall not exceed in the aggregate the amount paid by you to us during the month in which the acts allegedly giving rise to our liability occurred.
Waiver and Release of Liability
By using the Sites and/or purchasing our Products, you, on your own behalf and on behalf of your heirs, next of kin, family members, estate, beneficiaries, executors, administrators and representatives, hereby WAIVE, RELEASE AND FOREVER DISCHARGE the Company Releasees and each of them from and against any and all claims, demands, losses, liabilities, damages and causes of action of any nature or kind that you have or may in the future have arising out of or in connection with the Sites and/or any services or Products provided by, or any acts or omissions of, any of the Company Releasees, whether such claims arise from negligence, breach of any duty imposed by law, mistake or error in judgment, or from any other cause (collectively, the “Released Claims”). In addition, on your own behalf and on behalf of your heirs, next of kin, family members, estate, beneficiaries, executors, administrators and representatives, you covenant and agree that (i) you will not institute or attempt to institute any legal action, demand or proceeding against any Company Releasee based upon any Released Claim, and (ii) you will indemnify, defend and hold harmless the Company Releasees and each of them from and against any losses, claims, liabilities, expenses or damages, including attorneys’ fees and costs, incurred in connection with the defense of any Released Claim or any other breach of your obligations under these terms.
Links To Other Websites
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 and Products. However, we will not review or consider any unsolicited creative submissions or suggestions for products, articles, videos, seminar or course topics, or similar matters. 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”), the Submission shall become our property, and by submitting the Submission to us, you grant to us all rights to the Submission worldwide, including the right to the unrestricted use of the Submission for any purpose and in any media or channel whatsoever, without compensation or notification to the provider of the Submission. We will not be subject to any obligation of confidentiality for any Submission, and we will not be liable for any use or disclosure of any Submission. Given this fact, we ask that you refrain from submitting your creative ideas, projects or other Submissions 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.
When addressing financial matters in any of our Sites, Products, videos, newsletters or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to improve your life or grow your business. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and we do not purport any “get rich schemes” on any of our Sites. Nothing on our Sites is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that we make no guarantees whatsoever that you will achieve any results from our ideas or models presented on our Sites, and we offer no professional legal, medical, psychological or financial advice.
The Sites and Products 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.
On our Sites and Products we will occasionally discuss mature topics and language relating to personal and professional growth. Users who are uncomfortable with such topics or language should not use our Sites or Products.