TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. 

General

This website (the “Site”) is owned and operated by Matheson Enterprises “kelseymatheson.com.” (“COMPANY,” “we” or “us”).

By using the Site, you agree to be bound by these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please leave the Site. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this website. By continuing to use the Site after we post any such changes, you accept the Terms and Conditions, as modified.

Anyone may access the Site, for which no personal data are collected, meaning that visitors may stay anonymous. However, if visitors/users wish to use certain services or products, whether paid or unpaid, they may have to leave personal data. We assure the users that any leaving of personally identifiable data will be dealt with in accordance with highest privacy standards and in particular in line with General Data Protection Regulation (hereinafter referred to as ‘GDPR’), and our Terms and Conditions and Privacy Policy.

Intellectual Property Rights

Our Limited License to You

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us.

By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, consenting to submit the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older if you come from non-EU countries or 16 years or older if you come from an EU country. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing.

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Site by anyone other than an authorized COMPANY representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Earnings Disclaimer:

Nothing on this Site is a promise or guarantee of earnings, revenue, income or profit. Kelsey Matheson does not guarantee your success, income level, or ability to earn revenue. Any forward-looking statements outlined on the Site, or in promotions are not guarantees or promises of actual performance. By using this Site and becoming an Affiliate Partner and/or Licensee you release the Company from any and all liability, including direct, consequential or indirect damages or claims. No guarantees are made that you will achieve any results from our ideas or models presented on this site or any other related sites or social media. The Company offers no professional, legal, psychological, medical, or financial advice.

Licensee Disclaimer:

Matheson Enterprises has no affiliation with any of the Licensees listed on this website or any other website or platform. If you have any causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your contract or relationship with a Licensee, you are required to address your grievance with the Licensee directly. By visiting this site you agree, Matheson Enterprises and Kelsey Matheson are not liable for any damages of any kind including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages arising from the attendance of any Licensee event, use or misuse of branded materials or any programs, events, products or services administered by any Licensee.

Matheson Enterprises Affiliate Disclaimer:

If you have any causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your contract or relationship with an Affiliate of any of the products or services offered by Kelsey Matheson, you are required to address your grievance with that Affiliate directly. By visiting this site you agree, Matheson Enterprises is not liable for any damages of any kind including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages arising from relationship with any affiliate.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services.

If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and the Company. In line with GDPR before placing your purchase order, we will ask you to consent on leaving the personal data needed for the transaction, like the above mentioned credit card number and contact information, and you will also be explained in clear and intelligible manner about the purpose of presenting such data. We shall always use only the data which are necessary for achieving that purpose, in line with the principle of data minimization and purpose limitation. We shall also keep data only for the time that is necessary for fulfillment of its purpose, as declared in Privacy Policy. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. However, the Company will always strive to make arrangements with those merchants who are reliable in business world and compliant with GDPR. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services, about which you will be duly informed.

For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release the Company and its affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information. 

Currency

All sales are billed in USD and, as required by law, billed for tax for all residents of Canada. Tax amount is determined by province.

Refund Policy

All sales are final. We do not accept returns or issue refunds with the exception of The Academy's Money Back Guarantee.

The Academy's 100% MONEY BACK GUARANTEE

Within 30 days of starting the course, if you have watched all the videos, completed the course work, and you don’t feel the material and the lessons are meeting your expectations, then we will stand by our refund policy. All you need to do is send Kelsey an email (kelsey@kelseymatheson.com) with all the completed homework worksheets attached, and the reason The Optimal Health & Conscious Living Academy did not work for you (so we can learn and improve the course). At the point everything is received and reviewed, you will receive a full refund.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, comment fields, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. However, you may send us at any time notice about infringement of the provisions below, at kelsey@kelseymatheson.com, and we shall remove any material referred to points 4., 7., 8., 9., 10., 11. and restrict the user who infringes the provisions 1. to 13.

It is a condition of your use of the Site that you do not:

1. Restrict or inhibit any other user from using and enjoying the Site.

2. Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

3. Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.

4. Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

5. Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.

6. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

7. Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

8. Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

9. Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.

10. Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

11. Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

12. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

13. Purchase, download or copy any products or services from this site and use to pirate said content.

COMPANY may host message boards, chats and other public forums on its Sites. Any user failing to comply with the Terms and Conditions of Interactive Feature this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous usernames.

COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.

COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for reason of infringing above provisions 1. to 13. and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request (national or international) and to protect ourselves, our clients, sponsors, users and visitors.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. You will always be asked to consent before giving such information and explained in clear and intelligible manner the purpose thereof. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You will also consent to it beforehand, and we shall keep your data as long as you use the above features. We shall erase your personal data from our system within 48 hours upon your written request to kelsey@keleymatheson.com.  You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. At the same time, on our side we strive to provide the highest technological standards of passport safety, and we shall not maintain data that could connect username or password with the person using the Site.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

PARTICIPANT acknowledges and agrees that no representation has been made by OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on this SITE.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

Other

If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice about the infringement. We shall have the discretion to remove purportedly infringing content, in addition to Notice and Notice regime, either through removal of the material at issue or by blocking access to it.

COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: kelsey@kelseymatheson.com.

These Terms and Conditions shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither these Terms and Conditions nor any rights hereunder may be assigned without the prior written consent of COMPANY.  Notwithstanding the foregoing, all rights and obligations under these Terms and Conditions may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries. COMPANY takes care that any affiliates, subsidiaries or entities performing data processing on behalf of the company respect the highest standards of privacy protection and in particular the GDPR.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York and General Data Protection Regulation. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Copyrighted by Matheson Enterprises ALL RIGHTS RESERVED.

No part of this site or products and services contained therein may be copied, or changed in any format, sold, or used in any way other than what is outlined without express permission from Matheson Enterprises.

Last Updated: May 25, 2018

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