Terms of Service

Participant Agreement & Disclaimer

Agreement between User and www.kelseymercer.com

Welcome to www.kelseymercer.com. The www.kelseymercer.com website (the “Site”) is comprised of various web pages operated by Kelsey Mercer LLC, an Arizona limited liability company, doing business as KelseyMercer.com (“Mercer”). www.kelseymercer.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.kelseymercer.com constitutes your agreement to all such Terms. Your purchase of, enrollment in, or participation in any program, course, coaching, challenge, event, retreat, content, or activity offered by or through Mercer, whether online, by telephone, or in person (collectively, the “Programs”), likewise constitutes your agreement to these Terms, including the Health and Medical Disclaimer, Emotional and Spiritual Well-Being Disclaimer, Assumption of Risk, and Release and Waiver of Liability sections below, which limit Mercer’s liability and affect your legal rights. Please read these terms carefully, and keep a copy of them for your reference.

www.kelseymercer.com is an E-Commerce Site.

Lifestyle improvement in the areas of Faith, Family, Fitness, Focus, and Fun. All content and Programs are provided for general educational and informational purposes only.

IMPORTANT NOTICE: PLEASE READ THE HEALTH AND MEDICAL DISCLAIMER, EMOTIONAL AND SPIRITUAL WELL-BEING DISCLAIMER, ASSUMPTION OF RISK, AND RELEASE AND WAIVER OF LIABILITY SECTIONS BELOW CAREFULLY. BY ACCESSING THE SITE OR PARTICIPATING IN ANY PROGRAM, YOU ASSUME RISKS AND GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE MERCER FOR CERTAIN PERSONAL INJURY CLAIMS, AS SET FORTH BELOW.

Health and Medical Disclaimer

Mercer is not a medical provider, and nothing on the Site or in any Program is medical advice. Unless expressly stated otherwise in writing, Mercer and its coaches, instructors, hosts, presenters, and contributors (collectively, “Mercer Personnel”) are not acting as physicians, nurses, dietitians, nutritionists, physical therapists, athletic trainers, psychologists, counselors, therapists, or other licensed health care professionals, and nothing on the Site or in any Program creates a physician-patient, therapist-client, or other professional-client relationship.

The Site and the Programs, including any fitness, exercise, movement, sports, outdoor, nutrition, diet, fasting, supplement, sleep, recreational, or wellness content, are provided for general educational and informational purposes only. They are not intended to diagnose, treat, cure, or prevent any disease or condition, and are not a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay seeking it because of something you read, watched, or heard on the Site or in any Program.

You should consult your physician or other qualified health care provider before beginning any fitness, exercise, nutrition, or diet program, and before making any change to your activity level, diet, medications, or supplements, particularly if you are pregnant or nursing, have or suspect you have any medical condition, injury, or disability, take any medication, or have not recently been physically active. If you experience pain, dizziness, faintness, shortness of breath, chest discomfort, or any other unusual symptom during any activity, stop immediately and seek medical attention. If you believe you are experiencing a medical emergency, call 911 or your local emergency number immediately.

Any equipment, supplements, foods, or other products sold, referenced, or recommended on the Site or in any Program are used at your own risk. You are responsible for following all manufacturer instructions and warnings and for confirming with your health care provider that any such product is appropriate for you.

Emotional and Spiritual Well-Being Disclaimer

Content and Programs relating to faith, family, relationships, personal growth, and emotional well-being are offered for general educational, inspirational, and informational purposes only. They are not psychotherapy, counseling, psychological or psychiatric treatment, marriage or family therapy, or licensed pastoral counseling, and they are not a substitute for care from a licensed mental health professional. Programs may address personal or sensitive topics that can cause emotional discomfort. You are solely responsible for deciding whether and to what extent to participate, and for seeking appropriate professional help when needed. If you are experiencing a mental health crisis or are having thoughts of harming yourself or others, call or text 988 (the Suicide & Crisis Lifeline in the United States), call 911, or go to the nearest emergency room.

Participant Representations

By participating in any Program, you represent and warrant that: (a) you have consulted with a physician or other qualified health care provider, or have had the opportunity to do so and have voluntarily chosen not to; (b) you are physically and mentally able to participate in the Program; (c) you will not participate in any activity that a health care provider has advised against or that exceeds your personal abilities or fitness level; (d) you will follow all instructions, use proper form and appropriate, well-maintained equipment, participate in a safe environment, and proceed at your own pace; and (e) you will stop any activity immediately if you experience pain, discomfort, or distress.

Assumption of Risk

You understand and acknowledge that participation in the Programs, including physical exercise, fitness training, sports, outdoor and recreational activities, travel, nutritional or dietary changes, and discussions of emotional, family, relational, or spiritual matters, involves inherent risks, some of which cannot be eliminated regardless of the care taken. These risks include, without limitation: muscle strains, sprains, and tears; broken bones; joint, back, and other injuries; heart attack, stroke, or other cardiac or medical events; heat- or cold-related illness; dehydration; adverse reactions to dietary changes, foods, or supplements; injuries caused by equipment, facilities, terrain, wildlife, weather, or other participants; emotional distress or psychological discomfort; disability; paralysis; and death. You further understand that Programs delivered online or by telephone are performed at a location of your choosing and without in-person supervision, and that Mercer has no control over your environment, equipment, health, or manner of participation.

YOU KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES (DEFINED BELOW), AND YOU ACCEPT FULL RESPONSIBILITY FOR YOUR PARTICIPATION IN ANY PROGRAM.

Release and Waiver of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, PERSONAL REPRESENTATIVES, SPOUSE, CHILDREN, NEXT OF KIN, ASSIGNS, AND ESTATE, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE MERCER, KELSEY MERCER, AND THEIR RESPECTIVE OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, COACHES, INSTRUCTORS, HOSTS, AGENTS, AFFILIATES, SPONSORS, VOLUNTEERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, LIABILITIES, AND CAUSES OF ACTION OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO ANY PHYSICAL INJURY, ILLNESS, MEDICAL CONDITION, EMOTIONAL OR PSYCHOLOGICAL INJURY OR DISTRESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE OR YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY.

This release does not apply to claims arising from a Released Party’s gross negligence or willful or intentional misconduct, or to any liability that cannot be waived under applicable law. You acknowledge that you have carefully read this release, that you understand you are giving up substantial legal rights, and that you agree to it voluntarily and without inducement.

The Health and Medical Disclaimer, Emotional and Spiritual Well-Being Disclaimer, Participant Representations, Assumption of Risk, Release and Waiver of Liability, No Personal Liability of Owners, Indemnification, Arbitration, Class Action Waiver, and Liability Disclaimer sections of these Terms survive any termination of your account, cancellation of any subscription, or completion of any Program.

No Personal Liability of Owners

Mercer is a business entity separate and distinct from its owners. These Terms, any purchase, and any Program are agreements solely between you and Mercer, whether a Program is delivered online, by telephone, or in person, and whether or not it is delivered personally by Kelsey Mercer or any other owner.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO OWNER, MEMBER, MANAGER, OFFICER, DIRECTOR, EMPLOYEE, OR AGENT OF MERCER, INCLUDING KELSEY MERCER IN HER INDIVIDUAL CAPACITY (EACH, AN “INDIVIDUAL PARTY”), SHALL BE PERSONALLY LIABLE TO YOU OR TO ANYONE CLAIMING THROUGH YOU FOR ANY DAMAGES, LOSSES, OR OTHER LIABILITIES OF ANY KIND ARISING OUT OF OR RELATING TO THE SITE, ANY PROGRAM, OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. YOU AGREE TO LOOK SOLELY TO MERCER, AND NOT TO THE PERSONAL ASSETS OF ANY INDIVIDUAL PARTY, FOR SATISFACTION OF ANY CLAIM, JUDGMENT, OR AWARD, AND YOU AGREE NOT TO NAME ANY INDIVIDUAL PARTY AS A DEFENDANT OR RESPONDENT IN ANY ARBITRATION, LAWSUIT, OR OTHER PROCEEDING.

Each Individual Party is an intended third-party beneficiary of this section and of the Release and Waiver of Liability, Indemnification, Arbitration, and Liability Disclaimer sections of these Terms, and may enforce them directly. If you name an Individual Party in any proceeding in violation of this section, you agree to reimburse the reasonable attorney’s fees and costs that the Individual Party incurs in obtaining dismissal.

Results and Testimonials

Results vary from person to person and depend on many factors, including individual health, genetics, effort, and circumstances. Mercer makes no guarantee that you will achieve any particular physical, health, fitness, weight-loss, financial, relational, emotional, or spiritual result. Testimonials and examples reflect the experiences of specific individuals, are not necessarily typical, and are not a guarantee of your results.

Third-Party Providers and In-Person Events

Some Programs, events, retreats, or activities may be held at third-party facilities or delivered in whole or in part by independent third parties. Mercer does not own or control such facilities or third parties and is not responsible for their acts, omissions, premises, or equipment. Mercer may require participants in in-person events or activities to sign a separate waiver and release, which shall be in addition to, and not in place of, these Terms.

Privacy

Your use of www.kelseymercer.com is subject to Mercer’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.kelseymercer.com or sending emails to Mercer constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mercer is not responsible for third party access to your account that results from theft or misappropriation of your account. Mercer and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Mercer does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.kelseymercer.com only with permission of a parent or guardian, and any participation by a minor in a Program must be supervised by that parent or guardian. By permitting a minor to use the Site or participate in any Program, the parent or guardian agrees to these Terms on the minor’s behalf and on their own behalf, assumes all risks described in these Terms with respect to the minor’s participation, agrees to the Release and Waiver of Liability on behalf of themselves and the minor to the maximum extent permitted by law, and agrees to indemnify the Released Parties as provided in these Terms.

Cancellation/Refund Policy

“You may cancel your subscription at any time. Any cancellations made after 60 days of service will not qualify for a refund.

Links to Third Party Sites/Third Party Services

www.kelseymercer.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Mercer and Mercer is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mercer is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mercer of the site or any association with its operators.

Certain services made available via www.kelseymercer.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.kelseymercer.com domain, you hereby acknowledge and consent that Mercer may share such information and data with any third party with whom Mercer has a contractual relationship to provide the requested product, service or functionality on behalf of www.kelseymercer.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.kelseymercer.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Mercer that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Mercer or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Mercer content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Mercer and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mercer or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Mercer has no obligation to monitor the Communication Services. However, Mercer reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Mercer reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Mercer reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mercer’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Mercer does not control or endorse the content, messages or information found in any Communication Service and, therefore, Mercer specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Mercer spokespersons, and their views do not necessarily reflect those of Mercer. Health, fitness, nutrition, emotional, or spiritual information shared by other users in any Communication Service is not reviewed or endorsed by Mercer, and you rely on it at your own risk.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.kelseymercer.com or Posted on Any Mercer Web Page

Mercer does not claim ownership of the materials you provide to www.kelseymercer.com (including feedback and suggestions) or post, upload, input or submit to any Mercer Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mercer, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Mercer is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mercer’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Mercer account to third party accounts. By connecting your Mercer account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Mercer from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Mercer Content accessed through www.kelseymercer.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Mercer, the Released Parties, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your participation in any Program, any physical, medical, emotional, or other injury, illness, or death suffered by you or by any minor or other person participating in a Program through your account or with your permission, any claim brought by or on behalf of your heirs, estate, family members, or any such minor, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mercer reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mercer in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, the Site, or any Program, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Maricopa County, Arizona, or in another location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions, and including any claims for personal injury, illness, emotional distress, or wrongful death arising out of or relating to your use of the Site or your participation in any Program. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Mercer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KELSEYMERCER.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

KELSEYMERCER.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, PROGRAMS, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, PROGRAMS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KELSEYMERCER.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, PROGRAMS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KELSEYMERCER.COM, THE RELEASED PARTIES, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL OR BODILY INJURY, ILLNESS, EMOTIONAL DISTRESS, OR DEATH, OR FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH YOUR PARTICIPATION IN ANY PROGRAM, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KELSEYMERCER.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF ANY RELEASED PARTY IS FOUND LIABLE TO YOU NOTWITHSTANDING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF ALL RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, THE PROGRAMS, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO MERCER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). ANY SUCH LIABILITY SHALL BE SATISFIED SOLELY FROM THE ASSETS OF MERCER, AND NO INDIVIDUAL PARTY (AS DEFINED IN THE NO PERSONAL LIABILITY OF OWNERS SECTION) SHALL HAVE ANY PERSONAL LIABILITY THEREFOR.

Termination/Access Restriction

Mercer reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site that are not subject to arbitration. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mercer as a result of this agreement or use of the Site. Mercer’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mercer’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mercer with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the Assumption of Risk, or the Release and Waiver of Liability, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mercer with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mercer with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to of the parties that this agreement and all related documents be written in English.

Changes to Terms

Mercer reserves the right, in its sole discretion, to change the Terms under which www.kelseymercer.com is offered. The most current version of the Terms will supersede all previous versions. Mercer encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Mercer welcomes your questions or comments regarding the Terms:

Kelsey Mercer LLC d/b/a KelseyMercer.com

8140 Sleeping Dog Rd.

Flagstaff, Arizona 86004

Email Address:

info@kelseymercer.com

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