Legal Notice

Name of company

Kimberly Bilbrey DBA Diva's Best Life, Corp

Effective date – January 8, 2022

These Terms govern your access to, usage of all content, Product and Services available at http://kimberlybilbrey.com website (the “Service”) operated by Kimberly Bilbrey (“us”, “we”, or “our”).

Your access to our service

1. This page contains the terms and conditions (‘these Terms’) for kimberlybilbrey.com (‘this Website’).   By accessing this Website, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
2. These Terms may be occasionally updated, so please refer back to them in the future.  By using this Website you agree to be bound by the then current version of these Terms.

Use of Website

1. You are permitted to use our website for your own personal use and to print and download material from this Website provided that you do not modify any content without our consent. You are also free to bookmark and share links directing others to content on this Website.  The material on this website must not otherwise be reproduced or republished, either online or offline, without our permission.

Intellectual Property Information

1. The copyright and other intellectual property rights in all material on this Website are owned by Kimberly Bilbrey and Diva’s Best Life, Corp and must not be reproduced without prior written consent.
2. Subject to paragraph 3, no part of this Website may be reproduced without our prior written permission.

Site Up Time

1. We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year.  However, websites do sometimes encounter downtime due to maintenance, server, or technical issues.  Therefore we will not be liable if this Website is unavailable at any time.

Visitor Conduct

1. With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential.  By posting content to this Website you agree we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
2. When using this website you shall not post or send to or from this Website any material:

(a)        for which you have not obtained all necessary consents;

(b)        that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law; or

(c)        which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

1. We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of paragraph 8 of these Terms.
2. By posting content to this Website, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use.
3. You agree to indemnify and hold us and our affiliated companies, and their directors, officers, and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of this Website, any content you supply to this Website or your violation of these Terms or the rights of another.

Links to and from Other Websites

12 – Any links to third-party websites located on this Website are provided for your convenience only.  We have not reviewed each third-party website and have no responsibility for such third-party websites or their content.  We do not endorse the third-party websites or make representations about them or any material contained in them.  If you choose to access a third-party website linked to from this Website doing so is at your own risk.

13 – Links to other websites may contain affiliate links.  If so, we may receive a commission if you purchase a particular product or take a particular action.

14 – If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:

(a)        you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

(b)        you do not misrepresent your relationship with us or present any false information about us;

(c)        you do not link from a website that is not owned by you; and

(d)        your website does not contain content that is offensive,  controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with any applicable laws.

15 – If you choose to link to our website in breach of Paragraph 14 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Policies & Disclaimers:  You agree to these by using this website, my social media channels, following my advice in any way, or by making any purchase of my products, services, subscriptions, or offerings.

16 – This Website is for informational purposes only and we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

17 – The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties, and conditions which but for these Terms may have effect in relation to this Website.  The material on this Website is provided ‘as is’ and you use it at your own risk.

18 – The information contained on this Website constitutes general information and commentary only.  This information does not take into account your specific circumstances and in no way constitutes legal, business or other advice to you.

19 – You understand that all comments posted to this Website is the sole responsibility of the individual who originally posted the comment. You also understand that all opinions expressed by commenters of this Website are expressed strictly in their individual capacities, and not as a representative of Website, its owner, or any sponsors or partners.

20 – The services and products provided by Kimberly Bilbrey and/or Diva’s Best Life, Corp should never be used as a substitute for seeking professional medical care or assistance. Therefore, do not use the impressions given to you via a service and product provided by Kimberly Bilbrey and/or Diva’s Best Life, Corp to replace any advice that has been given to you by a medical professional. If you are in need of medical, health, psychological or psychiatric care assistance or consultation, then we ask that you to seek out a licensed medical professional for proper consultation and care. The information provided by Kimberly Bilbrey and/or Diva’s Best Life, Corp is not medical advice and should not be used as a prescription for your medical needs; it is to be used as assistance on your journey of spiritual and personal growth.

21 – In booking a service or product with Kimberly Bilbrey and/or Diva’s Best Life, Corp, you agree, as with any information you receive from any source, you alone hold the power of decision-making and are totally and completely responsible for making decisions that affect your life and the outcome of your choices.

22 – By booking a service or product with Kimberly Bilbrey and/or Diva’s Best Life, Corp, you agree and verify that you, the client:

1) have voluntarily decided to participate in the service or product and have requested the service or product on your own free will;

2) are at least 18 years of age, and have not been declared incompetent;

3) understand your service or product with Kimberly Bilbrey and/or Diva’s Best Life, Corp cannot be used as a substitute for any type of medical, health, psychological, psychiatric, or professional counseling, therapy, or treatment;

4) understand and agree that it is your responsibility to decide whether or not you require professional counseling or medical treatment and should you require such services to seek them on your own as needed;

5) understand that there may be some things in your appointment, session, product, or correspondence with Kimberly Bilbrey and/or Diva’s Best Life, Corp that does not seem to apply right now but could apply at a future date;

6) by participating in the service or product with Kimberly Bilbrey and/or Diva’s Best Life, Corp, you are accepting complete responsibility for your own medical, health, mental, emotional, psychological, spiritual, and bodily well-being;

7) do on behalf of yourself, your assigns, heirs, executors, guardians, and all other legal representatives, hereby release, discharge, waive, and forever relinquish Kimberly Bilbrey and/or Diva’s Best Life, Corp, including their employees, employers, and any other person associated with Kimberly Bilbrey and/or Diva’s Best Life, Corp from any and all known or unknown claims resulting from, arising out of or in any way connected with information you may or may not receive during your voluntary participation in a service or product offered by Kimberly Bilbrey and/or Diva’s Best Life, Corp. You further agree that under no circumstance(s) will you, or any other person associated with you as a result of your session or consult attempt to present any claims against, prosecute, sue, seek to attach any lien for any purpose including satisfaction of a judgment or other judicial decree, to the property of Kimberly Bilbrey and/or Diva’s Best Life, Corp, and you hereby waive all claims, demands, compensation, and all actions that you, anyone associated with you or any other participant in the session or consult currently or hereafter may have for any injuries or perceived injuries or perceived or real losses you may suffer or believe to suffer because of or during your participation or involvement in a session or consult resulting from any actions, statements, answers to questions or omissions made by Kimberly Bilbrey and/or Diva’s Best Life, Corp;

8) understand and agree that in the event any claim for damages shall be brought or prosecuted against Kimberly Bilbrey and/or Diva’s Best Life, Corp or any person associated with Kimberly Bilbrey and/or Diva’s Best Life, Corp as a result of your actions, omissions, or other act, that you and/or your estate shall indemnify and hold harmless Kimberly Bilbrey and/or Diva’s Best Life, Corp and all persons associated with Kimberly Bilbrey and/or Diva’s Best Life, Corp from any and all claims, actions or damages, legal and otherwise, made by you or anyone associated with you including the cost and expense associated with defending such actions or claims;

9) understand that all information provided to you during your product, service, appointment, or correspondence is considered confidential and shall not be disclosed except as required by law;

10) agree that Kimberly Bilbrey and/or Diva’s Best Life, Corp can use portions of any feedback sent after the service or product is rendered as a testimonial using first name only and state/country and without revealing any specific information about the session;

11) agree that Kimberly Bilbrey and/or Diva’s Best Life, Corp can use portions of your appointment or correspondence for a blog post on their website, without revealing any specific information about your session to sharing the universal message of inspiration and love.

12) agree to receive occasional future emails from Kimberly Bilbrey/Diva’s Best Life, Corp in the form of a newsletter with special offers, news, and other information.

13) are accepting the terms of this agreement, disclaimer, and liability release, by your own free will while fully comprehending what you are doing and the result and consequences of your actions.

14) have read this and fully understand this agreement, and understand that by booking a session with Kimberly Bilbrey and/or Diva’s Best Life, Corp represents signing, accepting, and agreeing to all the conditions stated within this agreement and includes a release of all possible liability of Kimberly Bilbrey and/or Diva’s Best Life, Corp.

15) You, the client, accept and agree to all of these terms and conditions upon booking a service or product with Kimberly Bilbrey and/or Diva’s Best Life, Corp and waive any legal action against Kimberly Bilbrey and/or Diva’s Best Life, Corp for the information provided in the session or consult. You, the client, accept full responsibility for all actions, outcomes, and emotions upon and following booking a service or product with Kimberly Bilbrey and/or Diva’s Best Life, Corp.

Exclusion of Liability

1. Neither we nor any other party (whether or not involved in producing, maintaining, or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.

Termination of Use

1. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this Website with or without notice and for any reason, including, without limitation, breach of these Terms.

PURCHASE AND REFUND POLICY

CANCELLATION AND REFUNDS

1.1 Coaching sessions – Due to your purchase being a coaching service in a business capacity, we do not offer refunds on coaching sessions that have already taken place.  In the event that you have signed up for a coaching package, you will have a 72-hour grace period in which to change your mind for sessions and/or packages that have not taken place.

1.2  Information Products – Due to your purchase being an infoproduct in a business capacity and downloadable at the time of purchase, we do not offer refunds or cancellations outside of the 30-day period for online courses. All purchases are binding.

• In the event that you are unable to make your scheduled coaching appointment, you will have the opportunity to reschedule as long as proper notification is given.
• No Show appointments result in an automatic forfeiture of the session fee.
• Coaching and Mentoring packages are good until one year from the date of purchase.
• We encourage you to shop mindfully and wisely before purchasing. If you are not sure you’ll like what you buy, and you’re worried about making the purchase or signing up for coaching, take some time to explore the website, blog, and social media pages. If you like what Kimberly offers for free, chances are you’ll be happy with your purchase.

Acceptance of this Refund Policy

1. It is your responsibility to familiarize yourself with this refund policy. By placing an order, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy.

s are subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.

Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.

Intellectual Property

The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Kimberly Bilbrey and its licensors.

Third Party Services

In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).

If you use any Third Party Services, you understand that:

• Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
• You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.

Accounts

Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.

Termination

We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.

If you wish to terminate the Agreement or your Diva’s Bet Life account, you may simply discontinue using our Services.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer

Our Services are provided “AS IS.” and “AS AVAILABLE” basis. Kimberly Bilbrey and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kimberly Bilbrey, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of United States.

The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in United States.

Changes

Kimberly Bilbrey reserves the right, at our sole discretion, to modify or replace these Terms at any time.

If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.

If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.

Your continued use of our Services will be subject to the new terms.