Terms and conditions

Effective Date: December 8, 2025

Welcome to the website of I Am KBD, LLC, doing business as “I Am Tara Hope” (“Company,” “we,” “us,” or “our”). These Website Terms & Conditions (“Terms”) govern your use of our websites, products, digital content, subscriptions, communications, and any related services (collectively, the “Services”) provided by I Am KBD, LLC and/or DBA, I Am Tara Hope.  Our registered address is 11012 196th St., Battle Ground, Washington 98604, USA.
Websites: https://iamtarahope.com and https://iamkbd.com

By accessing or using our Services, (including any website, purchase of products or services, membership platform), you agree to these Terms and our Privacy Policy (linked separately).  If you do not agree, please discontinue use immediately.

The provided information when using our Services is not intended for distribution to use by an person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would be subject us to any registration requirement with such jurisdiction or country.  Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Our Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act) (HIPAA).  Federal Information Security Management Act (FISMA), etc., so if  your interactions would be subjected to such laws, you may not use the Services.  You may not use the Services in a way that would violate the Gramm-Leach-Billey Act (GLBA).

1. Acceptance of Terms

 

By using the Website and purchasing or subscribing to any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and I Am Tara Hope and/or I Am KBD, LLC., ("Company," "we," "us," or "our"). We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.

2. Business Entities & Scope

The Services may be operated under one or more of the business names referenced above. For purposes of this Agreement, any reference to the “Company” includes the relevant entity providing the particular Service you are using.

These Terms apply to all users of the Services, including (without limitation) visitors, customers, members, coaches, consultants, buyers and subscribers.

3. User Eligibility

You represent and warrant that you are at least 13 years of age (or the age of majority in your jurisdiction) and have full legal capacity to enter into this Agreement. If you are using the Services on behalf of a business or other legal entity, you represent and warrant that you are authorized to bind that entity to these terms.

4.  Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy explains how we collect, use, store, and disclose your personal data, including information related to A2P, CAN-SPAM, and GDPR compliance. Please review our Privacy Policy at https://iamtarahope.com/privacy-policy  to understand our practices.

We also comply with Canada’s Personal Information Protection and Electronic Documents Ace (PIPEDA) regarding the collection, use, and disclosure of personal data for individuals residing in Canada.

5.  Purchases and Payment

 

We accept the following forms of payment:

 

·         Visa

·         Mastercard

·         American Express

·         Discover

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services.  You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.  Sales tax will be added to the price of purchases as deemed required by us.  We may change prices at any time.  All payments shall be in US dollars.

 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.  We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through the Services.  We may, in our 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 payment method, and/or orders that use the same billing or shipping address.  We reserve the right to limit or prohibit orders that, in our sold judgement, appear to be placed by dealers, reseller, or distributors.

6. Subscriptions and Memberships

 

If you subscribe to any services or purchase a membership through our Website (a "Subscription" or “Membership”), the following terms apply:

a. Subscription/Membership Terms and Renewal:

The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services. Your Subscription/Membership will automatically renew at the end of each billing period (e.g., monthly, annually) unless you cancel it in accordance with these Terms. By purchasing a Subscription/Membership, you authorize us to charge your designated payment method for the recurring Subscription/Membership fees, plus any applicable taxes. We reserve the right to change our Subscription fees at any time. Any changes will be communicated to you in advance and will take effect at the beginning of your next billing cycle.

     b.  Payment and Billing:

You agree to provide current, accurate and complete payment information.  You authorize I Am Tara Hope or I Am KBD, LLC. to charge all fees incurred by you to the payment method you provide.  If payment is not successfully settled due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.  We may suspend or terminate your Subscription/Membership if payment fails or if your payment information is inaccurate.

c.  Cancellation:

You may cancel your Subscription/Membership at any time by submitting an email request to [email protected] for cancelation.  Your cancellation will take effect at the end of your current paid billing period, and you will continue to have access to your Subscription/Membershop benefits until then.  No refunds will be provided for any unused portion of a Subscription/Membership period upon cancellation.

d.  Refunds and Termination by Company:

Except as required by law or explicitly stated in our Refund Policy, all sales and subscription/membership fees are non-refundable. We reserve the right to suspend or terminate your Subscription/Membership and access to the Website and/or services at our sole discretion, without prior notice or liability, for any reason, including but not limited to your breach of these Terms, non-payment, or if we discontinue the Subscription service. In such cases, no refunds will be provided unless explicitly stated otherwise by I Am Tara Hope and/or I Am KBD, LLC.

7.  Return/Refund Policy

All sales are final and no refund will be issued.

 

This does not affect any statutory rights you may have under applicable Canadian consumer protection laws.

 

If you are a consumer residing in the United Kingdom, you have the right to cancel your purchase within 14 days of entering into this agreement, unless you have expressly agreed to immediate access to digital content, thereby waiving your cancellation right.

 

8. SMS/Text Messaging Terms (A2P 10DLC Compliance)

 

By providing your mobile number and opting in to receive SMS/text messages from us (I Am Tara Hope, I Am KBD LLC.), you agree to these SMS Terms:

  • Consent: You explicitly consent to receive recurring automated promotional and informational text messages from us

    (I Am Tara Hope and/or I Am KBD LLC.) at the mobile number provided. Your consent is not required as a condition of purchasing any goods or services.  Text messages (SMS) may include: appointment reminders and other program or order updates.

  • Message Frequency: Message frequency will vary. You can expect to receive reminder messages prior to the start of programs or events you have registered to attend and possibly a registration confirmation.  Frequency varies by the number of registrations you have submitted.

  • Message and Data Rates: Message and data rates may apply. Check with your mobile carrier for details.

  • Opt-Out: You can opt-out of receiving SMS messages at any time by replying "STOP," "QUIT," "END," "REVOKE," "OPT OUT," "CANCEL," or "UNSUBSCRIBE" to any message you receive from us. You will receive one final message confirming your unsubscribe request.

  • Help: For assistance, reply "HELP" to any message or contact us via email.

  • Carrier Liability: Carriers are not liable for delayed or undelivered messages.

  • Privacy: Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes, except for the purpose of facilitating text messaging services (e.g., with our SMS platform provider). This information will not be sold or transferred. For more details on how we handle your data, please refer to our Privacy Policy at https://iamtarahope.com/privacy-policy.

  • If you have any questions or need assistance regarding our SMS communications, please email us at [email protected] or call 360-495-1600.

9. Email Communication (CAN-SPAM Act Compliance)

We are committed to complying with the CAN-SPAM Act.  By providing your email address, you agree to receive commercial electronic messages from us (I Am Tara Hope, I Am KBD LLC.) in accordance with these Terms and our Privacy Policy. 

  • Identification: All commercial emails from us will clearly identify our Company (I Am Tara Hope, and/or I Am KBD LLC) as the sender.

  • Subject Lines: Our email subject lines will accurately reflect the content of the message.

  • Physical Address: All commercial emails will include our valid physical postal address:  11012 196th St., Battle Ground WA 98604.

  • Opt-Out Mechanism: Every commercial email will include a clear and conspicuous mechanism to opt-out of receiving future marketing emails from us. This will typically be an unsubscribe link at the bottom of the email. You may choose to opt-out of certain types of messages, but an option to stop all marketing messages will always be provided.

  • Opt-Out Processing: We will honor opt-out requests within ten (10) business days of receipt. We will not charge a fee, require you to provide personally identifying information beyond an email address, or make you take any steps other than sending a reply email or visiting a single page on our Website to honor your request.

  • No Sale of Opt-Out Data: Once you have opted out, we will not sell or transfer your email address to other parties.

  • Monitoring Third Parties: If we use third-party email marketing services, we remain responsible for their compliance with CAN-SPAM regulations.

  • For Canadian residents:  We comply with Canada’s Anti-Spam Legislation (CASL).  You will only receive promotional communications from us if you have expressly opted in.  You may withdraw consent at any time.

10. Data Protection (GDPR Compliance)

We are committed to protecting the personal data of individuals in the European Economic Area (EEA) and other regions where GDPR applies, in accordance with the General Data Protection Regulation (GDPR).

For users in the United Kingdom, we comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

  • Lawful Basis for Processing: We will only collect and process your personal data where we have a lawful basis to do so, such as your explicit consent, contractual necessity, or legitimate interests.

  • Transparency and Information: We will clearly inform you about what personal data we collect, why we collect it, how we use it, who has access to it, and how long we retain it. This information is detailed in our Privacy Policy at https://iamtarahope.com/privacy-policy .

  • Consent: Where consent is the legal basis for processing, it will be freely given, specific, informed, and unambiguous. We will not use pre-ticked boxes or make consent conditional. You have the right to withdraw your consent at any time, as easily as it was given.

  • Your Rights: You have the following rights regarding your personal data:

  • Right to Access: You can request a copy of the personal data we hold about you.

  • Right to Rectification: You can request that we correct any inaccurate or incomplete personal data.

  • Right to Erasure (Right to be Forgotten): You can request that we delete your personal data under certain circumstances.

  • Right to Restrict Processing: You can request that we limit the way we use your personal data.

  • Right to Data Portability: You can request to receive your personal data in a structured, commonly used, and machine-readable format, and have the right to transmit that data to another controller.

  • Right to Object: You can object to the processing of your personal data under certain circumstances.

  • Right to Withdraw Consent: Where processing is based on consent, you can withdraw your consent at any time.

  • Right to Complain: You have the right to lodge a complaint with a data protection authority.

  • EU consumers:  EU consumers purchasing digital products or services have a 14-day withdrawal right unless they consent to the immediate performance of the service.

11. Intellectual Property

All content on this Website, including text, graphics, logos, images, audio clips, video clips, and software, (collectively, the “Content”) as well as the trademarks, service marks, and logos contained therein (the “Marks”) is the property of I Am Tara Hope, and/or I Am KBD LLC, and/or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services, and

  • Download or print a copy of any portion of the Content to which you have properly gained access,

    Solely for your personal, non-commercial use.

    Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws and treaties in the United States and around the world.

    Except as set out in this section or elsewhere in our Legal Terms and Conditions, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

    If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms and Conditions, please address your request to [email protected].  If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. 

    We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

    Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and Conditions and your right to use our Services will terminate immediately.

User Conduct

Please review this section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content to us through the Services.

Submissions:  By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission.  You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload:  By sending us Submissions through any part of the Services, you agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website. Prohibited conduct includes but is not limited to:

  • Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

  • Using the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.

  • Using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

12. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available.  The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services/

  • Use any information obtained from the Services in order to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Services in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Services.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Services.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”

  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

  • Harass, annoy, intimidate, or threaten any of our employees, staff, team, or agents in providing any portion of the Services to you.

  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

  • Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Services.

  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

  • Use the Services to advertise or offer to sell goods and services.

  • Sell or otherwise transfer your profile.

13. User Generated Contributions

The Services does not offer users to submit or post content.  We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other materials (collectively, “Contributions”).  Contributions may be viewable by other users of the Services and through third-party websites.  As such, any Contributions you transmit may be treated in accordance with the Services’ Privacy Policy.  When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trad secret, or moral rights of any third party.

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permission to use and to authorize us, the Services, and other users of the Services to use your Contributions in a manner contemplated by the Services and these Legal Terms.

  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

  • Your Contributions are not false, inaccurate, or misleading.

  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

  • Your Contributions do not violate any applicable law, regulation, or rule.

  • Your Contributions do not violate the privacy or publicity rights of any third party.

  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

    Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

14. Contributions License

  You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your contributions.  You retain full ownership of all your contributions and any intellectual property rights or other proprietary rights associated with our contributions.  We are not liable for any statements or representations in your contributions provided by you in any area on the Services.  You are solely responsible for your contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.

15. Third-Party Websites and Content

The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).  Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.  Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.  If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services.  Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.  You agree and acknowledge that we do not endorse the products or services offered on Third-Party websites and you shall hold us blameless from any harm caused by your purchase of such products or services.  Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating in any way from Third-Party Content or any contact with Third-Party websites.

16. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sold discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper function of the Services.

17. Privacy Policy

We care about data privacy and security.  Please review our Privacy Policy: https://iamtarahope.com/privacy-policy.  By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.  Please be advised the Services are hosted in the United States.  If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

We also comply with Canada’s Personal Information Protection and Electronic Documents Ace (PIPEDA) regarding the collection, use, and disclosure of personal data for individuals residing in Canada.

We transfer personal data outside the European Economic Area (EEA) to the United States based on the EU-U.S. Data privacy Framework or Standard Contractual Clauses approved by the European Commission.

We do not currently use cookies or similar tracking technologies. However, we may use cookies, tracking technologies, and automated systems (such as AI-based analytics) to improve user experience, or performance in the future.  If cookies are added, we will provide clear notice and update our Privacy Policy accordingly.  You will always have the option to accept or decline non-essential cookies.  Users in the EU and UK will be prompted for explicit consent in accordance with GDPR and ePrivacy Directive requirements. 

18. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services.  WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION, WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.  In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

19. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice.  However, we have no obligation to update any information on our Services.  We also reserve the right to modify or discontinue all or part of the Services without notice at any time.  We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times.  We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delay, or errors.  We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.  You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.  Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connections therewith.

20. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal or state courts located in Clark County, Washington, United States.

Consumers outside the United States may also have mandatory rights under their local consumer protection laws, which will apply to the extent they provide additional protections.

21. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate and Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initializing arbitration.  Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.  YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOUOLD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.  The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AMERICAN ARBITRATION ASSOCIATION (AAA) website.  Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.  The arbitration may be conducted in person, through the submission of documents, by phone, or online.  The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.  The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.  Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Clark County, Washington, USA.  Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Clark County, Washington, USA, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenes with respect to venue and jurisdiction in such state and federal courts.  Application of the United Nations Convention on Contract for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either party related in any way to the Services be commenced more than one (1) year after the cause of action arose.  If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually.  To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding: (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.  If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

22.  Corrections

There may be information on the Services that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.  We reserve the right to correct any errors, inaccuracies, or omission and to change or update the information on the Services at any time, without prior notice.

23.  Disclaimers

The services are provided on an as-is and as-available basis.  You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  We make no warranties or representations about the accuracy or completeness of the services/ content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services, as with the purchase of a product or service through any medium or in an environment, you should use your best judgement and exercise caution where appropriate.

24.  Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages, notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.  Certain US State Laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

25.  Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.  Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.  We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

26.  User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services.  Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.  You agree that we shall have no liability to you for any loss or corruption of any such data and you hereby waive any right of action against us arising from any such loss or corruption of such data.

27.  Electronic Communication, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electron communications.  You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.  You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

28.  California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA  95834 or by telephone at (800) 952-5210 or

(916) 445-1254.

29. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.  Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.  These Legal Terms operate to the fullest extent permissible by law.  We may assign any or all of our rights and obligations to others at any time.  We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.  If any provision or part of a provision of these Legal Terms is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable form these Legal Terms and does not affect the validity and enforceability of any remaining provisions.  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.  You agree that these Legal Terms will not be construed against us by virtue of having drafted them.  You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute the Legal Terms.

We are committed to ensuring that our website and online services are accessible to all individuals, including those with disabilities.  We strive to conform to the Web Content Accessibility Guideline (WCAG) 2.1 Level AA standards and regularly review our website for ongoing compliance.

If you encounter any accessibility barriers or require assistance using our website, contact us by phone or email.  Our contact information is provided in the Contact Us section below.  We will make every reasonable effort to provide you with the information or service you need in an accessible format.

30. Contact Us

If you encounter any accessibility barriers or require assistance using our website, or need to report an issue with the Services, or require further information our contact information is provided below.

I Am KBD, LLC.

11012 196th St.

Battle Ground, WA  98604

United States

Phone:  360-495-1600

[email protected]