Terms of Agreement and Privacy Policy for Lionbranch LLC (aka Kelly Knows Tampa Bay, aka Kelly Peart aka Kelly Peart, PA). This Agreement (“Agreement”) is made effective today and beyond by and between Lionbranch LLC (the “Company”), and purchaser of the digital product (hereafter “Customer”), for the purpose of Customer purchasing a digital product from Company’s online shop (the “Product”). Customer agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
Nature of digital product
Customer understands that ALL products are digital in nature and are located in the portal library, which is accessible immediately after purchase. This is strictly digital access.
Customer understands that purchasing digital products from Lionbranch LLC does NOT come with 1:1 or private consultations, via phone, email, chat, or any other forms of communication. Kelly Peart and her team are NOT able to review real estate contracts, pre-approval letters, credit reports, legal documents, or any other form of documentation. Kelly Peart is NOT an attorney nor a financial advisor for hire. Kelly Peart cannot advise on personal, real estate or business matters.
1. Digital Product Usage
After purchasing the digital product, Customer will be given access to the product materials on the checkout purchase confirmation page. The email shared during checkout will be used for login, marketing, analytics, and course updates.
Customer understands and agrees that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Customer’s access to the Product without refund.
2. Billing, Fees & Payment Processing
Billing – Customer will be immediately billed for any products purchases.
3. Refund Policy & Chargebacks
Due to the nature of digital products being immediately accessible upon purchasing, NO REFUNDS of any fees or other amounts paid by CUSTOMER in connection with the Product will be allowed under ANY circumstances. If a product is mistakenly purchased, no refund will be provided.
No Chargebacks. The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company and/or form of payment (ie, Stripe, PayPal) for any reason whatsoever related to the digital purchase. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
4. Personal Information
By purchasing the Product, Customer will be asked to provide personal information including his/her name, email address, mailing and billing address. Customer agrees to allow Company access to this personal information for all lawful purposes. Customer is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.
The billing information provided to Company by Customer will be kept secure and is subject to the same confidentiality and accuracy requirements as Customer’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
6. Warranties and Liability
Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied, or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Customer agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Customer’s breach of these terms and conditions. Company shall not be liable to Customer or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
7. Force Majeure
If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
8. Guarantees
Company does not make any guarantees as to the results, including financial or other personal gains, of Customer’s use of the Product. Customer agrees to take responsibility for Customer’s own results with regard to using the Product.
9. Release & Reasonable Expectations
Customer has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Customer. Customer understands and agrees that:
▪ Every customer and final result using the Product is different;
▪ The Product is intended for a mass audience.
10. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
11. Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
12. Transfer
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
13. Severability
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
In case of any questions, please email kelly@kellyknowstampabay.com for assistance.
Last Updated Date: January 2, 2025.
