TERMS AND CONDITIONS
Date of Last Modification: January 24, 2024
Hite Designs, LLC DBA Kimberly Jo Hite (“kjh” “we”, “our” or “us”) owns and operates the website located at https://www.kimberlyjohite.com together with any mobile version (collectively, the “Website”) together with the various products and services offered through the Website, including the Let Your Light Shine Coaching and the Let Your Light Shine Membership (collectively, the “Service(s)”). The Services are provided for informational and entertainment purposes only. You are solely and entirely in control of your own life and your own ability to transform your life and we do not promise or guarantee any results or outcomes arising from your participation in or your access or use of any part of the Services.
We reserve the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Service. YOU AGREE THAT HITE DESIGNS, LLC SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms.
BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS. We may change these Terms at any time. Please review the Terms each time you visit the Service. If you object to any amendments, please stop using the Service, otherwise your continued use will be taken as your consent to such amendments.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1.0 YOUR USE OF OUR SERVICE
These Terms govern the access or use by you of the Service. Subject to your compliance with these Terms, and any additional terms that may apply to a specific product or service, Hite Designs, LLC grants you a limited, non-transferable, non-exclusive, revocable right to access and use the Service solely for your personal, non-commercial use. For greater certainty, Hite Designs, LLC does not grant you or any other party any right, title or interest in the Service. We reserve all rights not expressly granted to you under these Terms.
1.2 Types of Users and Access
There are various types of users of the Service.
- Visitors may have limits on their access to the Service and the type of content they can view and interact with.
- Let Your Light Shine Student(s) have provided certain personal and financial information and have purchased a subscription to the Let Your Light Shine Coaching or Membership which grants them access to live course access, course content and materials and other information and materials. Registering as a Let Your Light Shine Student includes access for one (1) person. Upon registration, you will receive one username, password, and member profile for use during the live course and in the private member section of the Service. If you would like to join Let Your Light Shine along with another person or collaborator, you will each need to purchase the course individually.
- Let Your Light Shine Member(s) have provided certain personal and financial information and have purchased a subscription to the Let Your Light Shine Membership which grants them access to the library of Let Your Light Shine Membership content, weekly and monthly themes, call recordings, various meditations, empowerment readings, access to the private Let Your Light Shine Facebook community and access to bonus content. Registering as a Let Your Light Shine Member includes access for (1) person. Upon registration, you will receive one username, password and member profile for use. If you would like to access the Let Your Light Shine Membership along with another person or collaborator, you each need to individually become a Let Your Light Shine Member.
All users hereby warrant and represent that:
- you are at least 18 years of age or the legal age of majority in your jurisdiction of residence;
- any information that you provide to us, including any personal or financial information provided as part of the creation of an account shall be accurate, current, and complete
- you shall not falsify your identity or impersonate any other person, or provide any personal or financial information of any other person, including as part of the creation of any service-specific account;
- you shall not use the Service for any unlawful, deceptive, misleading, fraudulent, or abusive purpose;
- you have the authority to enter into these Terms; and
- you will comply with all Applicable Law when using the Service and you will use the Service only for lawful purposes. As used in these Terms, “Applicable Law” means all domestic or foreign federal, provincial, state, municipal or local laws, common law, rules, statutes, regulations, by-laws, ordinances, policies, directives or orders of any government, court, administrative or regulatory agency, commission, body, board or other government authority.
By accessing or using the Service or any portion thereof, you agree that except as expressly permitted under these Terms, you shall not and shall not permit others to:
- Modify, copy, reproduce, republish, upload, post, transmit, rent, lease, lend, loan, translate, sell, distribute, redistribute, sublicense, exploit or create derivative works of the Service or any portion thereof in any manner or medium, or make the Service available, including over a network where it could be used by multiple devices at the same time. You may, however, from time to time, be permitted to download and/or print one (1) copy of individual pages from the various Services for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.
- copy, collect, store, scrape, frame, reorganize, manipulate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website or the Service, any updates, or any portion thereof, including mirroring or framing any portion of the Service;
- modify, adapt, gain unauthorized access to, or otherwise “hack” the Service or modify any website so as to falsely imply that it is associated with Hite Designs, LLC or the Service;
- upload or otherwise transmit files that contain a virus or corrupted data;
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by Hite Designs, LLC in its sole and absolute discretion, may harm us or users of the Service or expose them or us to liability;
- use any robot, spider or other automatic device, process or means to access the Service;
- upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- remove any copyright, trademark or other proprietary notices from any portion of the Service; or
- cause nuisance, annoyance, inconvenience or property damage while using the Service.
- use the Service to violate the legal rights (including the rights of publicity, privacy, copyright, patent, trademark, trade secret or other intellectual property rights) of Hite Designs, LLC, any third party or any other user or to violate the laws of any jurisdiction;
In the event of your breach or suspected breach of any of any of the terms set out in these Terms, we may at any time suspend or revoke your right to use the Service, at our sole and absolute discretion, without notice to you. Further, we will be entitled to, among other things, seek injunctive relief to prohibit such violations.
2.0 VOID WHERE PROHIBITED BY LAW
2.1 You may not access or use the Service if you are located in a jurisdiction where it is forbidden by law to do so. By using this Service you are explicitly agreeing that you have verified that your use of this Service is permitted under Applicable Law.
3.0 CREATION AND MAINTENANCE OF ACCOUNTS
3.1. In order to become a Registered User, a Let Your Light Shine Student or an Let Your Light Shine Member, you must create and maintain an active personal user account. You must be at least 18 years of age or the age of legal majority in your jurisdiction to create an account.
3.3. You must keep your account information up to date and accurate at all times. You are responsible for all activity that occurs under your account. You agree to maintain the secrecy and security of your account information at all times. We recommend you select a secure password that is different from the password you use for other websites. You may possess only one account for each type of Service and you may not allow others to use your account(s). You will promptly notify us if you become aware of any unauthorized access or use of your account.
4.0 INTELLECTUAL PROPERTY RIGHTS
4.1 You acknowledge and agree that the Service, including all underlying technology and intellectual property rights embodied therein, contains proprietary Content (as defined below) that is solely and exclusively owned by Hite Designs, LLC and/or its licensors and no license or any other right is granted to any such underlying technology or intellectual property.
4.2 All materials, including any text, live course content, audio, video, images, illustrations, designs, icons, photographs, information, data, software, programs and other materials that are part of the Website or accessible via the Service (collectively, the “Content”) is owned, controlled or licensed by Hite Designs, LLC or its licensors. The Content is provided on an as-is and as-available basis for informational purposes only and is subject to change without notice.
4.3 You agree that you shall not use the Content in any way that would violate these Terms. The use of the Content, except as permitted in these Terms, is strictly prohibited and infringes on the intellectual property rights of Hite Designs, LLC and others and may subject you to civil and criminal penalties, including possible monetary damages for copyright and other infringement. Duplicating, sharing or uploading Content files to sharing sites is considered stealing, and Hite Designs, LLC will prosecute such misconduct to the fullest extent permitted by law. To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Hite Designs, LLC, Kimberly Jo Hite herself, or the Content, or infringe on any of our intellectual property in any way. Any material that you create should be focused on your business, not ours.
4.4 If you provide feedback or suggestions regarding or relating to the Service (collectively, “Feedback”) we are free to fully exploit such Feedback without obligation or compensation to you and such Feedback will not be held in confidence.
4.5 Hite Designs, LLC and any logos and designs are trademarks, service marks or trade dress are common law trademarks or registered trademarks of Hite Designs, LLC and may not be used in connection with any product or service that is not offered by us or in any manner that is likely to cause confusion amongst consumers. You are granted no right or license with respect to any of Hite Designs, LLC Marks. All other trademarks and service marks that appear on the Website or via the Service that are not the Hite Designs, LLC Marks and that are not owned by Hite Designs, LLC are the property of their respective owners (the “Third Party Marks”). All such Third Party Marks are used under license from their respective owners.
4.6 Nothing in this Agreement grants you any right, title or interest in any intellectual property of Hite Designs, LLC or its licensors, including without limitation the Hite Designs, LLC Marks or the Third Party Marks, and any and all uses of such intellectual property shall be subject to approval by the applicable rights holder(s). Without limiting the generality of the foregoing, access to this Website or the Service does not confer and shall not be considered as conferring upon anyone any license under any of Hite Designs, LLC or any third-party’s intellectual property rights. Hite Designs, LLC reserves all rights not expressly granted herein.
5.0 PRIVACY AND CONFIDENTIALITY
5.2 Confidentiality. While participating in the Service, you may have access to certain information that is confidential and proprietary to Hite Designs, LLC. As used in these Terms, “Confidential Information” includes any data or information disclosed, provided by or made available by Hite Designs, LLC to you, either directly or indirectly, in writing or orally. You agree not to use or disclose any Confidential Information except as expressly permitted by these Terms. You may only disclose confidential information if required by Applicable Law, so long as you first notify Hite Designs, LLC of any such requirement and provide Hite Designs, LLC with sufficient time and opportunity to take protective action. You acknowledge that a breach of this section could cause irreparable harm to Hite Designs, LLC and, therefore, in addition to any other remedies which may be available to Hite Designs, LLC, Hite Designs, LLC shall also have the right to seek immediate injunctive relief.
6.0 THIRD-PARTY MATERIALS AND WEBSITES
Hite Designs, LLC may provide links to third-party materials and websites and establish a Facebook group as a convenience to you. These third party sites are not owned or controlled by Hite Designs, LLC and you access and use these websites or online services solely at your own risk. These third-party materials and websites are not part of the Service; they may be either withdrawn or terminated at any time without any liability on the part of Hite Designs, LLC. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that Hite Designs, LLC is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and Hite Designs, LLC does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Hite Designs, LLC will not be liable for your improper use of third-party materials and websites. We encourage you to be aware when you leave the Service and to read the terms and conditions of use for each other website or online service that you visit.
If you would like to link to our Website or any pages related to any of our Services, you must first obtain our express written permission by emailing us at [email protected].
7.0 PAYMENT AND REFUND POLICY
We reserve the right to reject membership requests for any Service at any time and for any reason.
7.1 Payment Terms applicable to all Service.
- We are not responsible for any fees charged to you by your financial institution for invalid method of payment, including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees and cross border fees (collectively, the “Invalid Payment Fees”). In the event we are subject to any Invalid Payment Fees due to your payment method not processing, we may, in our sole and absolute discretion and in accordance with the law, charge you a fee.
- You agree that you will not attempt to circumvent any refund prohibitions with regard to transactions you entered on the Service. You will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to enter a transaction on the Service. Should you do so, your subscription or access to other services may be cancelled, and Hite Designs, LLC may, in its sole discretion, refuse to honor pending and future transactions made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist, and any person who accesses any associated online account or credit card or who otherwise breaches this provision, from using the Service.
7.2 Payment Terms for purchases made through the Store.
- You may purchase a product through the Store. We reserve the right to limit quantities available for sale or sold. To the extent permitted by law, we reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever.
- The total price of your order will be charged to your credit card at the time of purchase. Orders cannot be canceled.
- All sales of physical products are final and non-refundable (decks, journals, t-shirts, etc.). Due to COVID-19 we are unable to accept returns or exchanges.
- Audios (meditations) are digital downloads that will be sent to you immediately upon purchase and are non-refundable. The download is a .zip file. We recommend downloading this file on your computer first and transferring to other devices, as some mobile devices and tablets will not download this file type. Please note that there is a limit on the number of digital downloads that can be retained in your account so we recommend that you download the file to your personal device.
7.3 For events and digital courses. Refund policies for digital courses and events vary. You are responsible for reviewing the policies of each course, event, or program at the time of purchase, and your purchase is an agreement to be bound to the policies.
7.4 Payment Terms for the Let Your Light Shine Coaching & Membership.
- Payment Policy.
- You are responsible to pay for the applicable Service in full (including all applicable sales and other taxes or fees) at the time of registration. You must provide us with a valid credit card or other payment method at the time of registration or you may pay by PayPal.
- If you do not cancel your Service before your anniversary date, your Service will automatically renew on the same terms as the initial Service and then-current Service fees will automatically be deducted from your payment method.
iii. We may, at our discretion, offer users the option to pay by payment plan. For the avoidance of doubt, the Let Your Light Shine Coaching or Membership is not a “pay in part” program where you can pay only for access to certain modules and not others. This is a full immersion program, and your payment plan is a convenience that we offer so that you can make the price sustainable. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent” and you will immediately lose access to future Services and your access to the Service and all Content will be revoked seven (7) days after your payment declined. You will also not receive access to future versions of the Service as it’s released until all payments are made in full.
- If your account remains in delinquent status for longer than sixty (60) days, Hite Designs, LLC reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to Hite Designs, LLC sole discretion until the account is caught up and in good standing.
- Refund Policy. All refunds are at the complete and total discretion of Hite Designs, LLC. No refunds will be offered until the start of the Service. No exceptions.
7.5 PROMOTIONAL CODES.
From time to time, we may issue discounts, trials or promotional codes (collectively, “promotions”) that can be applied toward payment of certain Service fees. Promotions are only valid for use on the Service and are not transferable or redeemable for cash except as required by law. Promotional codes cannot be combined. If the cost of your Service exceeds the applicable discounted value, we will charge your payment method on file for the outstanding cost of the Service. Additional restrictions on promotions may apply and these will be communicated to you at the time of the offer. We reserve the right to revoke, terminate, modify, cancel or deem a promotion inapplicable to you at any time. Some promotions may be subject to a limited number of redemptions and may be redeemed on an as-available, first-come-first-serve basis.
8.0 Additional Terms Applicable to Let Your Light Shine Students and Let Your Light Shine Members.
8.1 THE FACEBOOK GROUPS
- You will be provided with the details on how to access the “Facebook Community” upon registration. The Facebook Community is strictly for paid Let Your Light Shine Students and Let Your Light Shine Members in good standing. Kimberly Jo Hite is the current moderator of the group and reserves the right to grant or remove access for any member at any time.
- Please note that the Facebook Community is a complimentary bonus and not part of the paid membership. We do not own Facebook and if they change their terms, that may limit or remove our ability to keep the Facebook Community open and running. Similarly, in the event that members behave inappropriately or in a manner that is contrary to Facebook’s policies, the Facebook Community may be eliminated or terminated by either us or Facebook. In the event the Facebook Community is terminated, we will have no liability or responsibility to you and you will not be entitled to any refunds.
- The Facebook Community will not be open indefinitely. It will remain open for the duration of the live class and for a short window of time after.
- The primary intention of the Facebook Community is to serve as classrooms for the courses taught. It’s not a place to find customers, or recruit people to other programs or groups.
- Anything posted in or uploaded to the Facebook Community, whether comments or images, becomes the property of the group or community, and in the event the Facebook Community is terminated or your access to the Facebook Community is terminated or suspended, your posts may disappear and cannot be retrieved.
8.2 By joining as a Let Your Light Shine Member or Let Your Light Shine Student, you agree to abide by these Terms and the requirements as outlined in this section. If you join the Facebook Community, you also agree to abide by any policies or terms set by Facebook. Failure to comply with any of these Terms may result in the suspension or termination of your membership or your removal from any or all of the Membership Sites (as defined below), without notice to you and without refund of any fees paid. We reserve the right, in our sole and absolute discretion, to deny you access to the Membership Sites, or any portion of the Membership Sites, without notice, and to remove any content that does not adhere to these Community Guidelines.
8.3 The “Membership Sites” consists collectively of the Kimberly Jo Hite website, and Facebook Community. The Membership Sites are places for you to discuss and share only about the teachings, books, and courses created by Hite Designs, LLC and Kimberly Jo Hite. That means we don’t discuss the books, classes, or teachings of other authors/teachers.
8.4 The Membership Sites are pitch-free, spam-free and solicitation-free zones. You are encouraged to share your experience and participate. However, you are not permitted to offer, sell, promote or advertise your or other third party services, programs or products and you may not invite Let Your Light Shine Members or Let Your Light Shine Students to join other social networks, groups, or programs. Sharing affiliate links or conducting any type of solicitation within the Membership Sites is strictly prohibited.
8.5 Any offensive posts, as determined by Hite Designs, LLC in its sole and absolute discretion, will be removed. Without limiting the generality of the foregoing, Hite Designs, LLC reserves the right, at any time, to remove any and all posts, images or videos it, in its sole discretion, determines are or could be considered:
- Incendiary, confrontational, bullying;
- Racist, bigoted or hate speech;
- Religion, politics, or any “hot-button” issues that may lead to division and are off-topic;
- threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material ;
- confidential or personal information, including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers or non-public email addresses;
- fraudulent, deceptive, false, misleading, unlawful or infringing;
- memes, stickers or gifs;
- personal photos or videos;
- selling, promoting or making available any third party products, services or websites;
- spamming group members with emails or direct messages;
- infringing on anyone’s rights of privacy, publicity, or intellectual property;
- to have an adverse effect on Hite Designs, LLC business, reputation or ability to provide the Services;
- to interfere with, impair or disrupt the ability of others to use their membership; or
- any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law.
8.6 You must be professional and courteous at all times. This means no curse words, inappropriate comments or language. Please do not make any oral or written statements which are reasonably likely to disparage anyone, including Hite Designs, LLC the Membership Sites or otherwise degrade our reputation.
8.7 Be kind. When you comment or respond to a fellow members’ comment, please use it as an opportunity to practice compassion and respond with empathy. If you don’t agree, it’s ok to not respond at all.
9.0 TERMINATION. Hite Designs, LLC hopes all users will have a positive experience using the Service. If Hite Designs, LLC determines or reasonably suspects that you have failed to abide by these Terms or the Agreement, Hite Designs, LLC may, at its sole discretion, at any time and without notice to you, suspend or terminate your account and/or your right to use the Service. Upon termination of your Account or Subscription, you shall no longer have the right to access or use the Service and you shall not be entitled to a refund or a forgiveness of monthly payments. A suspension will be for such a period of time as we may reasonably determine is necessary to permit the thorough investigation of the activity that resulted in the suspension.
Hite Designs, LLC, its affiliates, and their respective officers, directors, employees, agents, shareholders, licensors, licensees, and suppliers, including authors, and any successors or assigns and other representatives, together with any operators of third party websites including Facebook (collectively the “Hite Designs, LLC parties”) are not responsible for any errors, inaccuracies or omissions in the Services. THE SERVICES, THE CONTENT, THE MEMBERSHIP SITES AND ANY OTHER MATERIALS PROVIDED BY US OR PROVIDED ON THROUGH THE SERVICE ARE PROVIDED FOR GENERAL INFORMATION AND ENTERTAINMENT PURPOSES ONLY AND ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HITE DESIGNS, LLC PARTIES EXPRESSLY DISCLAIM, AND YOU WAIVE ANY AND ALL CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE SERVICES IS AT YOUR SOLE RISK. Under no circumstances will the Hite Designs, LLC Parties be liable for any damage, loss, injury, obligation, claim, cost, fine, penalty, charge, contribution or fee of any kind resulting in any way from: (a) your use of the material or information provided on or through the Service; (b) any errors in, or omissions from, the information found on or through the Service; or (c) your use of or reliance on the materials or information found on or through the Service or any conclusions you draw from it.
By purchasing access to the Let Your Light Shine Coaching or Membership, or courses, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, conditions, warranties, or guarantees, express or implied, verbally or in writing, regarding your ability to transform your life into something greater than its current status, or results or outcomes of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, knowledge, ability, dedication, commitment, mental stability, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of transformation and a better life.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL THE HITE DESIGNS, LLC PARTIES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICES, THE MEMBERSHIP SITES OR THE CONTENT, UNDER THIS AGREEMENT OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE HITE DESIGNS, LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
THE HITE DESIGNS, LLC PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, ARISING OUT OF OR RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM HITE DESIGNS, LLC NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF THE HITE DESIGNS, LLC PARTIES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY, (8) USER CONTENT, THIRD-PARTY WEBSITES OR APPS; (9) ERRORS OR OMISSIONS IN ANY CONTENT; OR (10) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE HITE DESIGNS, LLC PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE HITE DESIGNS, LLC PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR ACCOUNT INFORMATION WITH ANY OTHER PERSON.
THE HITE DESIGNS, LLC PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HITE DESIGNS, LLC FOR THE SERVICE, INFORMATION OR PRODUCT ON WHICH SUCH CAUSE OF ACTION IS BASED.
Any claims relating to use of the Service must be brought up within one (1) year from the date the cause of action arose. Claims brought after such a period are VOID. The Service is controlled and offered by Hite Designs, LLC from its facilities in Ohio, United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE HITE DESIGNS, LLC PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO ANY OF THE HITE DESIGNS, LLC PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE HITE DESIGNS, LLC PARTIES IN CONNECTION WITH: (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TERMS OR OF THE AGREEMENT; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD-PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; (6) ANY ACTIVITY ON OR THROUGH YOUR ACCOUNT; OR (7) ANY ACTIVITY USING YOUR EMAIL ADDRESS BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT OR YOUR EMAIL ADDRESS.
IF THE HITE DESIGNS, LLC PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, THE HITE DESIGNS, LLC PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO HITE DESIGNS, LLC.
- ADDITIONAL TERMS AND CONDITIONS
13.1 GOVERNING LAW.
- For residents of the United States. You and Hite Designs, LLC have entered into this Agreement in the State of Ohio and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and Hite Designs, LLC, shall be determined in accordance with the laws of the State of Ohio, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
12.2 NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage Hite Designs, LLC, the Let Your Light Shine Courses, Membership and Coaching, or Kimberly Jo Hite, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
12.2 BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. Let Your Light Shine Products, Memberships, Courses, or Coaching are non-transferable.
12.2 BINDING ARBITRATION. To the extent permitted by Applicable Law, in the event of a dispute arising under or relating to this Agreement or the Program (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth herein, nothing in this Agreement will prevent Hite Designs, LLC from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.
12.2 CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
12.6 EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Hite Designs, LLC intellectual property rights and confidential and proprietary information by you, Hite Designs, LLC will suffer irreparable harm and will therefore be entitled to seek injunctive relief to enforce this Agreement. Hite Designs, LLC may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above.
12.7 ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
12.8 NO WAIVER. The failure of Hite Designs, LLC to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
12.9 Headings. The headings and subheadings herein are provided for convenience of reference only and are not to be used in construing these Terms or any provision thereof.
12.10 No Assignment. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or convey these Terms to a third party without notice to you.
12.12 Survival. Any provisions of this Agreement, the performance of which by either or both parties, or by their sense and context, are intended to survive, shall survive the completion, expiration, termination or cancellation of this Agreement.