TERMS AND CONDITIONS

By participating in the Disrupt the Billable Hour, The Ignite Incubator, Private Coaching, or Business Consulting (hereafter “The Programs”) and accessing the Watch Us Lead Member Site (hereafter “Site”) you are agreeing to the following terms.

OVERVIEW

The terms “Company”, “we”, “us”, and “our” refer to Kimberly Y Bennett LLC. The term “Site” refers to either kimberlybennett.com. The term “Client”, “user,” “you” and “your” refers to both individual clients and business clients, including their team members (such as employees, contractors, and other representatives of the client’s company) and any other users of the site. The term “Service” refers to the services included in The Programs as outlined below.

Use of the Service, including all information and educational materials presented herein by The Company, is subject to the following terms and conditions. These Terms and Conditions apply to all clients, and all other users of the site. By using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Where separate agreements for specific services like private coaching or business consulting exist, their terms supersede related provisions in these Terms and Conditions.

ACCESS TO PROGRAM

The Programs include, but are not limited to, course content, written content, recorded video and/or audio content, live and/or pre-recorded calls, and/or discussions in Program related forums (collectively, “Materials”). For individual clients, The Programs and Materials may be accessed solely by the individual who is the customer on record with the Company. For business clients, The Programs and Materials may be accessed by designated individuals within the business entity, as specified and agreed upon in the client's registration with the Company. You agree that The Programs and Materials, including any usernames or passwords, may only be used by you as permitted by the terms of this agreement and may not be sold or distributed without the Company’s express written consent. Your access to The Programs may be revoked for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of The Programs.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to subscription service design, recurring revenue, business strategy and other information are subject to change. The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

PROGRAM PAYMENT POLICY

You are responsible for full payment of our Programs and Products, including all applicable taxes and fees, and must provide a valid credit card or other payment methods. You authorize us to charge your card for all owed Program balances, and you agree to keep your payment information current. For payment plans, charges will be made according to the schedule indicated at registration, in United States Dollars (USD), on the same day each month. Missing a payment changes your account status to “delinquent,” resulting in immediate loss of access to future Modules, Bonuses, and Site Content, effective seven days after payment decline. Access to new Program versions will be withheld until full payment is received. Accounts delinquent over sixty days may be reported to credit agencies at the Company's discretion. Our Program is not a “pay in part” option; it requires complete participation and immersion. Payment plans are offered for your convenience to facilitate sustainable pricing.

For private coaching and business clients who enter into separate agreements with the Company, the payment terms and conditions specified in those agreements will apply. Should these agreements explicitly supersede the standard terms here, they will govern the financial arrangements for those specific clients.

CANCELLATION, REFUNDS, & RETURNS

No refunds will be offered after joining The Programs or purchasing a product. By purchasing this event, you understand that we do not offer refunds for digital products or events after purchase. However, your satisfaction is our #1 priority. Please email us at hello@kimberlybennett.com to let us know why you’re unsatisfied and we will jump in and do our best to meet your needs.

NO GUARANTEES

We cannot guarantee the outcome of the Services and our comments about the outcome are expressions of opinion only. We make no guarantees other than that the Services described in Paragraph 1(a) shall be provided to you in accordance with these Terms and Conditions. You acknowledge that we cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by us.

NO LEGAL SERVICES AND NO ATTORNEY-CLIENT RELATIONSHIP

You understand that enrollment and participation in the Services do not amount to an Attorney-Client relationship between you and us, our employees, or contractors unless we enter into a separate written agreement with you for legal services. You understand that, with respect to the Services, Company’s founder, employees, and/or contractors are not acting in their capacity as attorneys and no statements or information made by Company’s founder, employees, and/or contractors shall be construed as legal advice. You further understand that, although legal information may be communicated to you during the Services, such information is not legal advice. Your reliance on such legal information is at your own risk.

CONFIDENTIALITY

(a) Client Information: Any Client information and data of a confidential nature, including but not limited to any design, creative, marketing, sales, operating, performance, know-how, business and process information (hereinafter referred to as “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the services specified hereunder without Client’s express written consent, other than to comply with the law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client’s Confidential Information.

(b) Participant Information: Client agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by fellow participants in The Programs (herein referred to as “Participants”). Any Confidential Information shared by Participants is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Client agrees not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the membership. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Participants’ Confidential Information in the strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss, and theft.

(c) Company Information: Client agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by Company in The Programs. Any Confidential Information shared by Company, its employees, or contractors is confidential, Proprietary, and belongs solely and exclusively to Company. Client agrees not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the membership. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Company’s Confidential Information in the strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

(d) Violations of Confidentiality: Client agrees that if Client violates or displays any likelihood of violating this paragraph 7 the Company and/or the other The Programs’ Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.

INDEPENDENT CONTRACTORS

(a) Independent Contractor Relationship: These Terms and Conditions shall not render Company an employee, partner, agent of, or joint venturer with the Client for any purpose. Company is and will remain an independent contractor in its relationship to the Client. Company is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under these Terms and Conditions. Company shall be responsible to the ownership and management of the Client, but Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to these Terms and Conditions. Any advice given to Company regarding services performed for the Client shall be considered a suggestion only, not an instruction. Company and Client agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Client and Company.

(b) Taxes & Benefits: Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.

OWNERSHIP OF INTELLECTUAL PROPERTY

Client agrees that The Programs contain proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. Company grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property or that in any way violate Company’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with The Programs are property of the Company. Client may not use such trademarks or service marks for any purpose except with written permission by Company.

WARRANTIES

(a) Company’s Warranties: Company represents, warrants, and covenants that, Company has full authority to enter into these Terms and Conditions, and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.

(b) Client’s Warranties: Client represents, warrants and covenants that Client has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.

(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.

LIMITATION OF LIABILITY

(a) IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND

(b) IN NO EVENT SHALL COMPANY’S LIABILITY TO CLIENT EXCEED THE FEES PAID BY CLIENT UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.

(c) THE FOREGOING LIMITATIONS IN THIS SECTION 11 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPHS 6, 9 AND 19.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; MODIFICATION; WAIVER

These Terms, coupled with The Programs Agreement, constitute the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of these Terms and Conditions shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

NEUTRAL CONSTRUCTION

These Terms and Conditions were prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that these Terms and Conditions shall not be construed against Company merely because they were prepared by its counsel; rather, each provision of these Terms and Conditions shall be construed in a manner which is fair to both parties.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

ASSIGNMENT

These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under these Terms and Conditions, except to a wholly owned subsidiary entity of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under these Terms and Conditions.

ATTORNEY FEES; RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

NOTICES

(a) All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:

To the Company: Watch Us Lead, c/o Kimberly Bennett, 1175 Peachtree Street NE, 10th Floor, Atlanta, GA 30361

To the Client: Client’s address provided at the time of joining on or more of The Programs.

(b) Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.

GOVERNING LAW; VENUE; MEDIATION

These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Georgia as applied to contracts that are executed and performed entirely in Georgia. The exclusive venue for any court proceeding based on or arising out of these Terms and Conditions shall be Fulton County, Georgia. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

SEVERABILITY

If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Questions about these Terms and Conditions? Email us hello [at] kimberlybennett [dot] com.

Last updated: November 27, 2024