The Category Queen School

Terms & Conditions Updated as of July 2024

INTRODUCTION

KM LLC (or the “Company”) offers The Category Queen School and related digital products and services (collectively the “Product”) to you, our valued customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). By accessing or using the Product, you agree to be bound by the terms and conditions of this agreement.

In the event that any of these terms are not acceptable to you or should future revisions be unacceptable to you, please cease using the Product immediately. Your continued use of the Product now or following the posting of any revisions, will indicate your agreement and acceptance of these terms and conditions and any future changes.

The content available in the Product is intended by the Company to be used by residents of the United States, only. The Product is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Product and the services offered are not available to minors.

MODIFICATION OF THESE TERMS

We reserve the right in our sole discretion to change, modify, add, or remove the Terms, conditions, and notices under which the Product is offered. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of this Product following the effective date of changes to these Terms or other policies means you accept and consent to the changes.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Product, you warrant that you will not use the Product for any purpose that is unlawful or prohibited by these Terms, conditions, and notices.

• You will comply with all applicable laws, including, but not limited to, privacy laws, intellectual property laws, export control laws, regulatory requirements, etc.
• You will use the Site in a professional manner, and you may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
• You will not create or attempt to create multiple unique user accounts.  This includes using multiple email addresses to access the Site.  
• You will not impersonate any person or entity, including, but not limited to, any employee of KM LLC, nor will you falsely assert or otherwise misrepresent your affiliation or authority with any person or entity. 
• You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.
• You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information contained therein without our prior express written consent.
• You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site.
• The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
• You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any information in which you have an ownership interest) from the Site without our prior express written consent or that of the appropriate third party.
• You may not print, download, and/or use the underlying HTML, text, audio clips, video clips, and other content that is made available to you on this Site for anything other than your personal information. These restrictions will apply except in cases where the Company otherwise agrees in writing. Please see the section on Copyright below.
• Without limiting the generality of the foregoing, you may not:
  • include such content in or with any product or service that you create or distribute;
  • reproduce, duplicate, copy, sell, rent, resell, or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
  • establish: (i) a hyperlink, including a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities without the express written permission of the Company;
  • copy such content onto your or any other Website or publication; or
  • direct any other person to do any of the foregoing.

PAYMENT

If paying by credit/debit card, you give KM LLC permission and authorization to automatically charge your credit or debit card as payment for your Product for which you will receive an electronic receipt. Payment options include a one-time payment of $997 or 6 equal payments of $197. If you purchase the Product using our payment plan option, you agree to pay the initial payment to secure your participation and also agree to begin payments thirty (30) days after enrolling in The Category Queen School.

In the event that payment is not received by the date due, you will have a seven (7) day grace period in which to make payment; otherwise, your access and entitlement to the Product will be discontinued. If you fail to make payment in a timely manner in accordance with these Terms and Conditions or voluntarily decide to withdraw from our Product at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Product.

NO REFUND POLICY

Due to the nature of the digital content provided in The Category Queen School, we do not offer refunds. All sales are final. By purchasing the Product, you acknowledge and agree to this no-refund policy.

DISCLAIMER

The Category Queen School is an educational product designed to provide information and strategies related to business and marketing. Your results in your business will be completely dependent on your understanding of the material and your own work and efforts to apply it. By enrolling in the Product, you acknowledge and agree that you will do the work and apply the strategies to the best of your ability. The Company is not responsible for your results, earnings, future earnings achieved as a result of our Product and is not responsible for giving you professional and/or legal advice.

CONFIDENTIALITY

All of the Product materials, including but not limited to digital content, videos, worksheets, and any other resources provided, are to be kept confidential. These materials may not be duplicated, shared, posted on social media, or utilized in any way without express written permission from the Company.

RIGHT TO REFUSE OR TERMINATE ACCESS

We reserve the right in our sole discretion to refuse or terminate your access to our Product, website, e-mail communications, or any other method of communications related to our Product at any time without notice.

In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Product or our website, e-mail, or any other methods of communications affected by such cancellation or termination. The restrictions imposed on you with respect to the Product, including, but not limited to all of the disclaimers, limitations of liabilities, and rights set forth in these Terms of Use, shall survive such termination of your access and apply in full force.

INTELLECTUAL PROPERTY AND COPYRIGHT

The Company owns, or (where required, appropriate, or applicable) has licensed, all right, title and interest in and to the Site, including the features, materials, opportunities and services made available on or through the Site, and all information, text, data, graphics, Product images, sound recordings, audio and visual clips, logos, software and all other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of the Company or its licensors and content-providers. You may not reproduce, modify, copy, frame, publish, display, post, transmit, download, sell, create derivative works from, or distribute any Content, or any portion thereof, without the express prior written permission of us, except as indicated within these terms.

Pursuant to the Digital Millennium Copyright Act (17 USC §512(c)), the Company has implemented a process for receiving written notice of copyright infringement and for addressing such claims in accordance with the law. If you become aware of possible infringement of the Company’s copyrighted materials, please contact hello@thecategoryqueen.com.  

Any third-party trademarks mentioned on this Site which are not those of the Company are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third-party trademarks is strictly prohibited.

Any unauthorized copying, redistribution, reproduction, or modification of the contents of this Site by any person may be a violation of federal, state or common law trademark, and/or copyright laws and could subject such person to legal action. For purposes of these Terms, the use of any such material on any other Web, internet, intranet, extranet, or other site or computer environment is prohibited. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks, or other proprietary information without our prior express written consent.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or the permission of such third party that may own the Trademarks displayed on the Site.

WHAT DOES THIS MEAN?

The use of any The Category Queen School logo outside of these groups or on documents created by those not working for or contracted with The Category Queen School, is strictly prohibited.

You are not licensed to resell any of The Category Queen School-related materials, repackage our tools in your own voice, write books teaching our tools extensively, or create apps based on the Model. You cannot rewrite our material or content and sell it as your own, nor are you authorized to sell The Category Queen School-related materials or merchandise. 

COPYRIGHT REQUESTS

For any questions or requests, please contact us at hello@thecategoryqueen.com.

HYPERLINKS TO THE SITE

If you are interested in creating hypertext links to this Site, you must obtain the Company’s written permission before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship, or support of this Site or the Company, including its respective employees, agents, directors, officers, and shareholders.

ELECTRONIC SIGNATURE

You represent and warrant that you have the legal right, power, and authority to agree to the Terms on behalf of yourself and the member, buyer, or supplier participating in the Site. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated the Terms and acknowledged and agreed that these Terms are an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer, or supplier on whose behalf you are acting.

DISPUTE RESOLUTION|ARBITRATION|CHOICE OF LAW

It is hoped that should you and the Company ever have any differences, we will be able to work them out amicably through a phone conversation or email correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly in the state of Idaho, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to The Category Queen School via email. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of any Payment(s) made by you, up to the date of the award. You agree that no award of consequential or of any other damages may be granted to you and you agree not to seek the same.

You agree that, by using the Site, Content, any Service or any Products, you are waiving the right to a court or jury trial or to participate in a class action.  You agree that you may bring claims against us only in your individual capacity and not as a Plaintiff or class member in any purported class, representative, or collective proceeding.  Any and all arbitrations will take place on an individual basis, only.  Class arbitrations and class actions are not permitted.

By signing up for/enrolling in/purchasing any of our Products and Services, you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in email or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Ada County, Idaho, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

GOVERNING LAW

This Agreement shall be governed by the laws of the State of Idaho, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction for any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in Ada County, Idaho.

General Terms

The following general terms apply to you and your use of the Site:

JOINT VENTURE

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site.

EXISTING LAWS

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our 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 us with respect to such use.

SEVERABILITY

If any part of these Terms 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, 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 these Terms shall continue in effect.

AMENDMENT

You may not modify or amend this Agreement, in whole or in part without the prior written consent of an authorized representative of the Company. Additionally, the Company may replace this Terms of Service Agreement from time to time and your subsequent use of the Site, or any content, programs, or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use. You are advised to check this Global Terms of Service Agreement regularly for any modifications.

ENTIRE AGREEMENT

Unless otherwise specified herein or agreed to by the user, these Terms of Use constitute the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. No representations or statements of any kind made by any affiliate of the Company, which are not included in this Agreement, shall be binding on the Company or its affiliates.

WAIVER

No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and the Company. The Company’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

MISCELLANEOUS

This Agreement shall inure to the benefit of the Company and its subsidiaries and affiliates. Any and all references in this Agreement to the Company and its affiliates shall, where the context so permits include the Company’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors, and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third-party content, or third-party software on or through a link provided on the Site.

ASSIGNMENT

The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.

Media Release – The Category Queen School Live, In Person, and Virtual Events

By attending/participating in The Category Queen School, in person, or virtual event, (the “Event”), including any live coaching calls, you hereby authorize The Category Queen School to use your name, image and likeness, including but not limited to as may be captured in photographs, audio recordings, videos, artwork, quotes, and any other art or media in connection with the Event (the “Materials”). You hereby release KM LLC, and any affiliated or related persons or entities from any and all claims and causes of action you may have based upon The CQ School’s use of the Materials, and grant KM LLC permission to use, publish, exhibit and/or reproduce the Materials in any manner and in any and all media now known or later developed, without obligation to pay you any royalty or compensation of any kind. Such rights include but are not limited to use in connection with advertising, social media, publicity, marketing, fundraising, promotional and other commercial purposes. If you do not wish to or are not authorized to grant such rights, releases and waivers, you should not attend the Event.

YOU CERTIFY THAT YOU HAVE CAREFULLY READ AND UNDERSTAND THIS RELEASE AND ARE AUTHORIZED TO AND DO AGREE TO ITS TERMS. THE RIGHTS GRANTED HEREIN ARE GRANTED IN CONSIDERATION OF YOUR PARTICIPATION IN THE EVENT AND YOU ACKNOWLEDGE THAT SUCH PARTICIPATION WOULD NOT BE POSSIBLE WITHOUT THE CONSENT AND RELEASE GRANTED HEREIN.