Updated: March 28, 2024

The Terms of Use comprises the terms governing your use of Karen Hardee’s website (this “Website”). By continuing to use this Website, you accept and agree to the following terms and conditions, as may be revised from time to time:

This Website is operated by Karen Hardee, LLC (“Karen Hardee”).  Karen Hardee offers this Website, including all information, tools, and services available on this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. This Website and Online Services is intended for individuals over the age of 18, who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Website and/or Online Services.

By visiting this Website and using Karen Hardee’s Online Services, you engage in using this Website and agree to be bound by these Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Online Services include, but are not limited to downloading free or purchased materials, purchasing coaching sessions or other programs, registering an account on this Website (“Online Services”). These Terms of Use apply to all users of this Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.  Any new features, materials, tools which are added to this Website or Online Services shall also be subject to the Terms of Use.

Content

All text, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on this Website is owned, controlled or licensed by or to Karen Hardee, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

You may use materials (such as service description sheets, educational articles, and similar materials) purposely made available by Karen Hardee for downloading from this Website, provided that you:

not remove any proprietary notice language in all copies of such documents,use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,make no modifications to any such information, andnot make any additional representations or warranties relating to such documents.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Online Services, use of the Website and/or Online Services, or access to the Online Services or any contact on the Website through which the Online Services is provided, without express written permission by Karen Hardee.

Accuracy, Completeness, and Timeliness of Information

Karen Hardee is not responsible if information made available on this Website is not accurate, complete or current. The materials on this Website are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the materials on this Website is at your own risk.

This Website may contain certain historical information. Karen Hardee reserves the right to modify the contents of this Website at any time, but Karen Hardee has no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to this Website.

Occasionally there may be information on this Website, Content or contained in Online Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Karen Hardee reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel requests if any information in the Online Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your request).

Karen Hardee undertakes no obligation to update, amend or clarify information in the Online Services or on any related website except as required by law.

Online Services (if applicable)

Certain Online Services may be available exclusively online through the Website. These Online Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

Karen Hardee has made every effort to display as accurately as possible the colors and images of our products that appear in the store. Karen Hardee cannot guarantee that your computer monitor’s display of any color will be accurate.

Karen Hardee reserves the right, but are not obligated, to limit the sales of Online Services to any person, geographic region or jurisdiction. Karen Hardee may exercise this right on a case-by-case basis. Karen Hardee reserves the right to limit the quantities of any Online Services that are offered. All descriptions of Online Services or related pricing are subject to change at any time without notice, at the sole discretion of us. Karen Hardee reserves the right to discontinue any Online Service at any time. Any offer for any product or service made on this Website is void where prohibited.

Karen Hardee does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Online Services will be corrected.

Karen Hardee shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Online Services.

Accuracy of Billing and Account Information

Karen Hardee reserves the right to refuse any order you place with us. Karen Hardee may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Karen Hardee makes a change to or cancel an order, Karen Hardee may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Karen Hardee reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that Karen Hardee can complete your transactions and contact you as needed.

Upon your selection of the Online Services you wish to purchase, you will be prompted to input your credit card information to process payment. We allow for payment to be made as one upfront payment. Karen Hardee reserves the right to terminate your access if a payment is declined and you fail to provide Karen Hardee with payment within five (5) business days of being informed of a declined payment. Upon receipt of full payment, your credit card information will be removed from our system, which means that any future purchases will require you to re-enter your credit card information.

Feedback and Other Submissions

If, at Karen Hardee’s request, you send certain specific submissions (e.g., contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Karen Hardee may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to Karen Hardee. Karen Hardee is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this Website, Online Services, or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any comments you make and their accuracy.

Privacy

Karen Hardee’s Privacy Policy applies to the use of this Website and Online Services unless otherwise noted. This Agreement incorporates the terms of the Privacy Policy by reference. Additionally, by using this Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to this Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Third-Party Links

Periodically, links may be established from this Website to one or other external websites or resources operated by third parties (the “Third-Party Sites”). Karen Hardee provides these links for your convenience only. In addition, certain Third-Party Sites also may provide links to this Website. At no time shall any such inbound or outbound links be deemed to imply that Karen Hardee endorses or approves the Third-Party Sites or any content therein. Karen Hardee does not control and is not responsible or liable for, and does not make any representations or warranties concerning, any Third-Party Sites or any content, advertising, products, or other materials on or available from such third-party sites.

Access to any third-party sites is at your own risk.  Karen Hardee will have no liability arising out of or related to such Third-Party Sites to the fullest extent permissible by applicable law. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from:

1  using this Website, Content and/or Online Services:1.1  for any unlawful purpose or solicit the performance of any illegal activity or other activity which infringes the rights of True You or others; 1.2  to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 1.3  to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 1.4  to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 1.5  to submit false or misleading information; 1.6  to collect or track the personal information of others; 1.7  to upload or transmit viruses or any other type of malicious code or take any other action that will or may be used in any way that will affect the functionality or operation of this Website, Content, Online Services or of any related website, other websites, or the internet; 1.8  to spam, deep-link, robot, phish, pharm, pretext, spider, crawl, page-scrape or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to: 1.8.1  access, acquire, copy or monitor any portion of this Website or Content, 1.8.2  in any way reproduce or circumvent the navigational structure or presentation of this Website or Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Website, and/or 1.8.3  gain unauthorized access to any portion or feature of this Website, or any other systems or networks connected to this Website or to any True You server, or to any of the services offered on or through this Website; and/or 1.9  probing, scanning, or testing the vulnerability of this Website or any network connected to this Website, nor breach the security or authentication measures on this Website or any network connected to this Website; 1.10  exploiting this Website or Online Services or information made available or offered by or through this Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided on this Website; and/or 1.11  interfering with or circumventing the security features of this Website, Content, Online Services, or any related website, other websites, or the internet.

Karen Hardee reserves the right to terminate your use of this Website, Content, Online Services, or any related website for violating any of the prohibited uses.

Warranties

Karen Hardee does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, the use of the Online Services or Website, or that any errors in the Online Services or the Website will be corrected. Karen Hardee does not guarantee, represent or warrant that your use of the Online Services or the Website will be uninterrupted, timely, secure, or error-free.

You agree that from time to time Karen Hardee may remove Online Services or Content from the Website for indefinite periods of time or cancel any Online Services at any time, without notice to you. Karen Hardee shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of Online Services.

The service and all products and services delivered to you through Online Services and the Website or Content are (except as expressly stated by us) provided “As is” and  “As available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Karen Hardee reserves the right to correct any errors, inaccuracies, or omissions and to change or update information (including, without limitation, information related to text, pricing, availability, and service descriptions) at any time without notice.

Limitation of Liability

In no case shall Karen Hardee, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (I) out of the use of or inability to use this Website and/or any Content; (ii) from any interruption in the availability of this Website and/or Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from this Website, or transactions entered into, through or from this Website; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the sites; (vii) from any delay or failure of this Website arising out of causes beyond Karen Hardee’s control; (viii) out of the use of, reference to, or reliance on, the Content; (ix) out of any third party materials, information, products and services contained on, or accessed through, this Website (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on Third-Party Sites; or (xi) out of any other matter relating to this Website or Content.

In the event you are dissatisfied with, or dispute, these terms of use, this Website and/or the Content, your sole right and exclusive remedy is to terminate your use of this Website, the Content, or Online Services, even if that right or remedy is deemed to fail of its essential purpose. You confirm that has no other obligation, liability, or responsibility to you or any other party.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. No action, regardless of form, arising out of the transactions under this Agreement may be brought by you more than twelve (12) months after the cause of action first arose.

Indemnification

You agree to indemnify, defend and hold harmless Karen Hardee and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of material you post, transmit or otherwise make available through this Website, and any claim or demand relating to your use of this Website, your connection to this Website, any content or services provided through this Website, your breach of these Terms of Use or the documents they incorporate by reference, OR your violation of any law or the rights of a third-party.

Binding Agreement

You and Karen Hardee agree, pursuant to the E-Sign Act (‘the Electronic Signatures in Global and National Commerce Act, as it may be amended from time to time), to treat electronic tokens of assent from you and from us, as binding expressions of assent by you and by Karen Hardee to contracts.

Waiver

The failure of Karen Hardee to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

These Terms of Use and any policies or operating rules posted by Karen Hardee on this Website or in respect to this Website and Online Services constitutes the entire agreement and understanding between you and Karen Hardee and govern your use of this Website and Online Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Karen Hardee(including, but not limited to, any prior versions of the Terms of Use).

Governing Law

This Website and any information provided from it and these Terms of Use are given and made in North Carolina, U.S.A. This Agreement is subject to North Carolina law, without regard to its choice of law provisions, and suit, if any, must be brought exclusively within the courts of the State of North Carolina, Brunswick County. You agree to submit to the jurisdiction of the courts located in the State of North Carolina.

Dispute Resolution

Any dispute arising out of these Terms of Use will be mediated by a third person mutually acceptable to both parties. The mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”), and to bear equally the costs of the mediation; provided, however, that each party shall bear its own costs in connection with such mediation. The parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) days or such longer period as they may mutually agree following the initial mediation session (the “Mediation Period”). The mediation shall be held in the State of North Carolina in Brunswick County. If the parties are unable to mutually select a mediator then one shall be appointed by the AAA in accordance with the Commercial Mediation Rules. All mediation pursuant to section shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence, and no oral or documentary representations made by the applicable parties during such mediation shall be admissible for any purpose in any subsequent proceedings. No party shall disclose or permit the disclosure of any information about the evidence adduced or the documents produced by another party in the mediation proceedings or about the existence, contents, or results of the mediation without the prior written consent of such other applicable party, except in the course of a judicial or regulatory proceeding or as may be required by law or securities exchange rules or requested by a governmental authority or securities exchange. Before making any disclosure permitted by the preceding sentence, the party intending to make such disclosure shall, to the extent reasonably practicable, give the other applicable party reasonable written notice of the intended disclosure and afford such other party a reasonable opportunity to protect its interests.

Changes to these Terms of Use

You can review the most current version of the Terms of Use at any time on this page. Karen Hardee reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check this Website periodically for changes. Your continued use of or access to this Website or Online Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.