TERMS & CONDITIONS OF USE

Agreement between User and Kathy Frank Training, LLC

​

PLEASE READ THESE TERMS & CONDITIONS OF USE AND THE KATHY FRANK TRAINING, LLC
PRIVACY POLICY  BEFORE ACCESSING OR USING THIS WEBSITE

This website, www.kathyfranktraining.com (the “Site”), is comprised of various web pages
operated and managed by Kathy Frank Training, LLC, a Virginia limited liability company (the
“Company”). The Site and the Company’s related mobile application (the “App”) are collectively
referred to herein as the “Platform.”

The Platform is offered to you as conditioned upon your acceptance of the terms, conditions, and
notices contained herein, without modification or alteration (the “Terms”). Your use of the Platform
constitutes your agreement to all such Terms. Please read the Terms carefully and keep a copy of
them for your reference.

1. Privacy
Your use of and access to the Platform is subject to the Company’s Privacy Policy. Please
review this Privacy Policy, which also governs the Platform and informs users of our data
collection practices.

2. Electronic Communications
Visiting the Platform and sending emails to the Company constitute electronic
communications. You therefore consent to receive electronic communications for all forms
of communication related to Company services, including marketing and service updates.
You further agree that all agreements, notices, disclosures and other communications that
we provide to you electronically, via email and on the Platform, satisfy any legal
requirement that such communications be in writing.

3. Your Account
If you use the Platform, you are responsible for maintaining the confidentiality of your
account and password, and for restricting access to your computer or device, and you agree
to accept responsibility for all activities that occur under your account or password. You
may not assign or transfer your account to any other person or entity. You acknowledge
that the Company is not responsible for third party access to your account that results from
theft or misappropriation of your account. The Company and its associates reserve the right
to refuse or cancel service, terminate accounts, or remove or edit content in our sole
discretion.

4. Pregnancy and Postpartum Wellness
The Platform may provide content generally related to pregnancy, postpartum wellness,
and fitness. However, the information provided by the Company and/or through the
Platform is for informational purposes only and should not be considered as medical advice.
You should always consult with a healthcare provider before starting any exercise program,
especially if you are pregnant, postpartum, or have any health conditions. The Company
encourages users to seek professional medical advice and guidance for any health-related
concerns.

5. Medical Disclaimer

The Platform does not provide medical advice, including but not limited to mental health,
pregnancy, or postpartum wellness advice. Any information provided through the Platform
is for general informational purposes only and is not a substitute for professional medical
advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider
with any questions you may have regarding a medical condition, pregnancy, or postpartum
recovery.

6. Children Under Eighteen
The Company never knowingly collects personal information from individuals under the
age of eighteen (18) on the Platform. If it is discovered that the Company has inadvertently
collected personal information from a user under eighteen (18), the Company shall
promptly delete that information.

7. Links to Third-Party Sites and Third-Party Services
The Platform may contain links to other websites. These linked websites are not under the
control of the Company, and the Company is not responsible for the contents of any linked
website, including but not limited to any link contained in a linked website or any changes
or updates to a linked site. The Platform provides third-party links to you only as a
convenience, and the inclusion of any link does not imply endorsement by the Company of
the website or any association with its operators. Certain services made available via the
Platform are delivered by third-party websites and organizations. By using any product,
service, or functionality originating from the Platform, you hereby acknowledge and
consent that the Company may share such information and data with any third party with
whom the Company has a contractual relationship to provide the requested product,
service, or functionality on behalf of the Company.

8. No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the
Platform strictly in accordance with the Terms. As a condition of your use, you warrant to
the Company that you will not use the Platform for any purpose that is unlawful or
prohibited by the Terms. You may not use the Platform in any manner which could damage,
disable, overburden, or impair the Platform or interfere with any other party's use and
enjoyment of the Platform. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through
the Platform.

9. Intellectual Property
All content included as part of the Company’s services, such as text, graphics, logos, images,
as well as the compilation thereof, and any software used on the Platform, is the property of
the Company or its suppliers and protected by copyright or other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by all copyright
and other proprietary notices, legends or other restrictions contained in any such content
and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or in part, found
on the Platform. The Company content is not for resale. Your use of the Platform does not
entitle you to make any unauthorized use of any protected content, and in particular you
will not delete or alter any proprietary rights or attribution notices in any content. You will

use protected content solely for your personal use and will make no other use of the content
without the express written permission of the Company and the copyright owner. You agree
that you do not acquire any ownership rights in any protected content. We do not grant you
any licenses, express or implied, to the intellectual property of the Company or our
licensors, except as expressly authorized by these Terms.

10. Use of Communication Services
The Platform may contain message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively, "Communication
Service(s)"). You agree to use the Communication Services only to post, send, and receive
messages and material that are proper and related to the particular Communication Service.

By way of example and not limitation, you agree that when using a Communication Service,
you will not:

a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as
rights of privacy and publicity) of others;
b) publish, post, upload, distribute or disseminate inappropriate, profane, defamatory,
infringing, obscene, indecent, or unlawful topic, name, material or information;
c) upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the
rights thereto or have received all necessary consents;
d) upload files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer or device;
e) advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages;
f) conduct or forward surveys, contests, pyramid schemes or chain letters;
g) download any file posted by another user on a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner;
h) falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded;
i) restrict or inhibit any other user from using and enjoying the Communication
Services; violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service;
j) harvest or otherwise collect information about others, including e-mail addresses,
without their consent; or
k) violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, the
Company reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. The Company reserves the right to terminate
your access to any or all of the Communication Services at any time without notice for any
reason.

The Company reserves the right at all times, and in its sole discretion, to disclose any
information as necessary to satisfy any applicable law, regulation, legal process, or
governmental request, or to edit, refuse to post, or remove any information or materials.

Use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. The Company does not control or endorse the
content, messages, or information found in any Communication Service and, therefore, the
Company specifically disclaims any liability regarding the Communication Services and any
actions resulting from your participation in any Communication Service. Any managers or
hosts are not authorized by the Company, and their views do not necessarily reflect those of
the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to such
limitations if you upload the materials.

11. Materials Provided to the Platform or Posted on the Platform
The Company does not claim ownership of the materials you provide to the Platform,
including feedback and suggestions, or post, upload, input, or submit to the Platform or our
associated services (collectively "Submissions"). However, by posting, uploading, inputting,
providing, or submitting Submissions you hereby grant the Company, our affiliated
companies, and necessary sublicensees a license to use your Submissions in connection
with the operation of internet business. Such business includes, without limitation, the
rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate, and reformat your Submissions; and to publish your name in connection with
your Submissions.

No compensation will be paid with respect to the use of your Submissions, as provided
herein. The Company has no obligation to post or use any Submissions you may provide and
may remove any Submissions at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submissions you warrant
and represent that you own or otherwise control all of the rights to your Submissions as
described in this section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.

12. Health Information Privacy
The Company will obtain consent and take all reasonable measures to protect the privacy
and security of any user health information transmitted on the Platform in accordance with
the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and other
applicable laws. Said personal health information may include but not be limited to medical
history or diagnoses of any kind. To that end, the Company shall only use or disclose your
personal health information as you permit or as required by law. Any third parties with
whom we are permitted to share PHI are required to uphold similar privacy and security
standards.

Subject to the terms of this policy, the Company shall implement reasonable administrative
and technical safeguards to protect your personal health information from unauthorized
access, use, or disclosure. However, you acknowledge that by using the Platform, there are
security and privacy limitations which are beyond the Company’s control. You also
acknowledge that the security, integrity, and privacy of any and all information and data
exchanged between you and the Company through the Platform cannot be guaranteed. You
further understand and acknowledge that the Company, to the fullest extent permitted by

law, disclaims liability for any unauthorized access, use, or disclosure of personal health
information arising from security incidents beyond the Company’s reasonable control, your
failure to safeguard credentials, devices, or personal access, and communications or
disclosures made at your direction or with your consent. This limitation does not apply to
disclosures resulting from the Company’s willful misconduct or gross negligence.
You have the right to access, amend, and control the disclosure of your personal health
information as permitted by law. If you have any questions about how your personal health
information is used or would like to exercise your rights, please contact us using the
information at the bottom of this policy.

13. International Users
The Platform is controlled, operated, and administered by the Company from within the
United States of America. If you access the Platform from a location outside the United
States of America, you are responsible for compliance with all applicable laws and
regulations. You agree that you will not use the Company’s content as accessed through the
Platform in any country or in any manner prohibited by any applicable laws, restrictions, or
regulations.

14. Indemnification
You agree to indemnify, defend and hold harmless the Company, its officers, directors,
employees, agents, and third parties, for any losses, costs, liabilities, and expenses
(including reasonable attorney's fees) relating to or arising out of your use of or inability to
use the Platform or any user postings made by you, your violation of any of the Terms, your
violation of any rights of a third party, or your violation of any applicable laws, rules, or
regulations. The Company reserves the right, at its own cost, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with the Company in asserting any available defenses.

15. Arbitration and Dispute Resolution
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort,
or otherwise at law or in equity for damages or any other relief, then such dispute shall be
resolved only by final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American Arbitration
Association, or a similar arbitration service selected by the parties, in the Commonwealth of
Virginia. The arbitrator's award shall be final, and judgment may be entered upon it in any
court having jurisdiction.

In the event that any legal or equitable action, proceeding or arbitration arises out of or
concerns these Terms and Conditions, the prevailing party shall be entitled to recover its
costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims
in regard to these Terms and Conditions or any disputes arising as a result of these Terms
and Conditions, whether directly or indirectly, including Tort claims that are a result of
these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The entire dispute, including the scope
and enforceability of this arbitration provision shall be determined by the Arbitrator. This
arbitration provision shall survive the termination of these Terms and Conditions.

16. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KATHY FRANK
TRAINING, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE PLATFORM AT ANY TIME.

KATHY FRANK TRAINING, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE PLATFORM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. KATHY FRANK TRAINING, LLC AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.

KATHY FRANK TRAINING, LLC SHALL NOT BE HELD LIABLE FOR ANY CONTENT,
PRODUCTS, SERVICES, OR OTHER MATERIALS PROVIDED BY THIRD PARTIES THAT MAY
BE ACCESSED THROUGH THIS PLATFORM. ANY RELIANCE ON OR USE OF THIRD-PARTY
CONTENT IS SOLELY AT YOUR OWN RISK. KATHY FRANK TRAINING, LLC MAKES NO
REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, QUALITY, OR
RELIABILITY OF ANY THIRD-PARTY CONTENT AND DISCLAIMS ANY LIABILITY ARISING
FROM SUCH CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
KATHY FRANK TRAINING, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE PLATFORM, WITH THE DELAY OR INABILITY TO USE THE
PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE
USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF KATHY FRANK TRAINING, LLC OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE PLATFORM.

17. Termination of Access and Legal Compliance
The Company reserves the right, in its sole discretion, to terminate your access to the
Platform and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the
Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue
of courts in the Commonwealth of Virginia in all disputes arising out of or relating to the use

of the Platform. Use of the Platform is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and the Company as a result of this agreement or use of the Platform. The
Company’s performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of the Company’s right to comply with
governmental, court and law enforcement requests or requirements relating to your use of
the Platform or information provided to or gathered by the Company with respect to such
use. If any part of this agreement 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 the agreement shall continue in effect.
Unless specified herein, this agreement constitutes the entire agreement between the user
and the Company with respect to the Platform 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 Platform. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish of the parties that this
agreement and all related documents be written in English.

18. Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which the
Platform is offered to clients. The most current version of the Terms will supersede all
previous versions. The Company encourages you to periodically review the Terms to stay
informed of our updates.

​

Contact Us

​

The Company welcomes your questions or comments regarding its Platform and the Terms and
Conditions herein:

Kathy Frank Training, LLC
Email: kathy@kathyfranktraining.com

Effective as of March 26, 2025