AMBITIOUS AF BATTLEGROUND
Terms of Services
DESCRIPTION OF SERVICE:
The AMBITIOUS AF BATTLEGROUND, Kick The Ceiling LLC, operates JoinAmbitiousAF.com and ErinMWhitehead.com to offer access to exclusive content, information, and media. Use of this site is governed by the following Terms Of Use (“TOU”).
FULFILLMENT:
We offer digital content and products via our exclusive group and member pages. These products are delivered via email, web access, and our private social media platforms.
RESTRICTIONS ON USE:
JoinAmbitiousAF.com presents the information found on the website for your convenience. Reproduction, distribution, or republication of any information, materials, documents, software, products, or services by any means without the prior written consent of JoinAmbitiousAF.com or ErinMWhitehead.com is strictly prohibited. Nothing on the website shall be interpreted as granting any license of AMBITIOUS AF BATTLEGROUND intellectual property rights. All rights not expressly granted in this notice are reserved.
PUBLICITY RELEASE & INFORMATION SHARING:
You agree that the Live Event or Live Training for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to our actions or conduct at the event. You grant permission to us, the Event Provider(s), our partners, licensees and assigns, including but not limited to, our brand and media partners, to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event (regardless of whether before, during, or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
By attending a Live Event, you hereby irrevocably grant to KICK THE CEILING, LLC, affiliates, designees, successors, assigns and licensees, the right to film and otherwise record you and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with future KICK THE CEILING, LLC events and/or other events produced by KICK THE CEILING, LLC or any of the KICK THE CEILING, LLC’s affiliates and hereby release KICK THE CEILING, LLC and each of the respective designees, successors, assigns, licensees and affiliates from any liability with respect thereto. Additionally there will be still photographs and video segments taken throughout the event by KICK THE CEILING, LLC and any other third-party participant, such as speakers and sponsors. Therefore, the purchase of any live event ticket is made with the understanding that it also contains a WAIVER AND RELEASE, and that you agree to the following:
I irrevocably grant permission to KICK THE CEILING, LLC, and all affiliated companies, to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. My actual testimony will not be edited. I acknowledge that there will be no compensation for my testimonial. I understand and agree that all photos and videos will become the property of KICK THE CEILING, LLC and all affiliated companies and will not be returned.
I hereby hold harmless, release, and forever discharge KICK THE CEILING, LLC and all affiliated companies from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. If my testimony is cut or noticed, I agree that this was at the artistic discretion of KICK THE CEILING, LLC, and all affiliated companies and or its affiliates and that I will not take legal action. I also agree that any claims will be Arbitrated through he American Arbitration Association and that jurisdiction for any and all claims is Orlando, Florida.
I hereby RELEASE, WAIVE, and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by KICK THE CEILING, LLC, and all affiliated companies, including without limitation any and all claims for libel or invasion or privacy. I have read the above Release and am fully familiar with the contents thereof. This Release contains the entire agreement between the parties hereto and supersedes any other Agreement that may exist.
Please contact hello@joinambitiousaf.com via email regarding all ticket questions.
PAYMENT PLANS:
If a product or service is purchased utilizing a monthly payment plan the customer is responsible for 100% of the agreed upon payments equaling the original purchase price of the product. If any payments are not received, the entire purchase is void and the payments made up to that point are forfeited to and will not be refunded. Access to any digital product or platform will be removed. Any payment plans that include live events must be paid in full 60 days prior to the event date or your ticket will be forfeited, and you will receive a store credit in the amount paid up to 60 days of the date of the event.
REFUNDS:
Until you cancel, billing will continue according to the cycle stated at the time of your purchase.
Automatically renewing monthly subscriptions are non-refundable. If you choose to cancel, your subscription will expire thirty (30) days from the last payment. Any amounts paid prior to your cancellation will not be refunded.
For questions about cancelling your account please contact the following email address: hello@joinambitiousaf.com.
APPAREL:
Most apparel items are fulfilled by 3rd party suppliers so we cannot refund or exchange the items if you ordered the wrong size, have buyer’s remorse, provide your address incorrectly, or have an unclaimed shipment returned to our 3rd party fulfillment center. Shipments that go unclaimed and are returned will be liable for the cost of a reshipment.
If any address is considered insufficient by the courier and is returned, you will be liable for reshipment costs once we have confirmed an updated address with you. Any claims for misprinted / damaged / defective items / packages lost in transit must be submitted directly to our customer service department within 15 days. You can contact us via email at hello@joinambitiousaf.com. If you are not completely satisfied with any other purchases not from our 3rd party fulfillment center, simply return the physical product in NEW condition, along with your proof of purchase, within 15 days and you will receive a full refund (less shipping and handling).
You can contact our customer service department via email at hello@joinambitiousaf.com for refund procedures or if you do n to know if your product is from our 3rd party fulfillment center. Please be advised that shipping costs to and from the fulfillment center or us are not reimbursed.
SPECIAL PROMOTIONS:
Kick The Ceiling, LLC in its sole discretion may offer promotions or discounts related to KICK THE CEILING, LLC memberships from time to time. These promotional offers, unless made to your one of your Members, will not apply to your BATTLEGROUND or KICK THE CEILING membership or these Terms. If we offer you a promotional offer, the specific terms of your promotion will be provided in the materials describing the particular promotion or at registration. Promotions involving free trials are limited to one (1) per household. If your promotional offer provides for a free trial without requiring a paid BATTLEGROUND or KICK THE CEILING Membership, your free access to the Services will automatically cease without any further notice or other obligation to you upon expiration of the applicable free trial period. IF YOUR PROMOTIONAL OFFER PROVIDES FOR A FREE TRIAL IN CONNECTION WITH A PRAID MEMBERSHIP, YOUR MEMBERSHIP DUES BILLING DATE WILL OCCUR UPON EXPIRATION OF THE APPLICABLE TRIAL PERIOD AND WE (OR OUR COACH) WILL BEGIN BILLING YOUR MONTHLY PAYMENT METHOD ON A RECURRING BASIS FOR YOUR BATTLEGROUND or KICK THE CEILING MEMBERSHIP IN ACCORDANCE WITH THESE TERMS. IF THE TERMS OF YOUR PROMOTIONAL OFFER EXPRESSLY PERMIT YOU TO CANCEL YOUR BATTLEGROUND or KICK THE CEILING MEMBERSHIP PRIOR TO THE END OF YOUR TRIAL, YOU MUST TIMELY CANCEL YOUR BATTLEGROUND or KICK THE CEILING MEMBERSHIP PRIOR TO THE EXPIRATION OF THE APPLICABLE TRIAL PERIOD OR YOU WILL BE CHARGED FOR THE BATTLEGROUND or KICK THE CEILING MEMBERSHIP UPON YOUR MEMBERSHIP DUES BILLING DATE.
Instructions for cancelling your BATTLEGROUND or KICK THE CEILING membership are described above. Please note that you will not receive a notice from us that your trial has ended or that the paid portion of your BATTLEGROUND or KICK THE CEILING membership has begun. We reserve the right to modify or terminate trials at any time, without notice and in our sole discretion.
SUBSCRIPTIONS:
You agree to pay all Financial Obligations with your Monthly Payment Method or such other payment method accepted or permitted by KICK THE CEILING, LLC. You authorize KICK THE CEILING or its coaches to automatically and without notice charge or debit, as applicable, your Monthly Payment Method or such other payment method accepted or permitted by KICK THE CEILING, LLC to pay Financial Obligations. You understand and agree that certain of such Financial Obligations are recurring charges or debits that do not vary in amount and, as a result, no further notice is required for KICK THE CEILING, LLC or its agents to charge or debit such amounts to or from your Monthly Payment Method or such other payment method accepted or permitted by KICK THE CEILING, LLC. The payment and processing of Financial Obligations with your Monthly Payment Method or other payment method is referred to individually in this Agreement as a “Transaction” and collectively as “Transactions.”
You represent and warrant that you are an authorized account holder of any financial transaction account which you provide to KICK THE CEILING, LLC for payment of Membership Dues or other Transactions.
Monthly Payment Method: The credit or debit card or other financial account designated in the Account, as may be subsequently updated, is a valid financial account that may be charged or debited by KICK THE CEILING, LLC or its agents to pay amounts due to KICK THE CEILING, LLC (“Monthly Payment Method”) as follows:
Recurring Charges: You authorize KICK THE CEILING, LLC or its agents on or about the first of each month (or on another date selected, as permitted by KICK THE CEILING, LLC) to automatically and without notice charge or debit, as applicable, your Monthly Payment Method (or, if such method is invalid or inaccessible for any reason, or Other Payment Account) to pay in advance recurring Financial Obligations, including, without limitation, Membership Dues, recurring Service-Related Fees, and any and all other recurring amounts, fees, costs, or other charges due to KICK THE CEILING, LLC. You understand and agree that such Financial Obligations are recurring charges or debits that do not vary in amount and, as a result, no further notice is required for KICK THE CEILING, LLC or its agents to charge or debit such amounts to or from your Monthly Payment Method.
Cancellation Methods: Subscribers wishing to cancel their subscription can do so by one of the following two approved methods:
Email Cancellation: Send a cancellation request to hello@joinambitiousaf.com. The email must come from the registered email address associated with the subscription account. Please include your full name, subscription details, and a brief reason for cancellation (optional) to help us improve our services.
Online Customer Portal: Subscribers may cancel their subscriptions through our Online Customer Portal. Log into your account, navigate to the “Subscriptions” section, and follow the prompts to cancel your subscription.
Acknowledgement of Cancellation Request: Upon receiving your cancellation request through one of the approved methods, we will send an acknowledgment email confirming the receipt of your cancellation request. This confirmation will be sent to the email address associated with your subscription account.
Processing Time: Please allow up to 48 hours for the processing of your cancellation request. Once processed, the cancellation will take effect at the end of your current billing cycle.
No Other Avenues For Cancellation: Please note that cancellation requests made through any other avenues, including but not limited to, phone calls, social media messages, or direct mail, will not be honored. This is to ensure the security and proper documentation of your cancellation request.
Final Service Use: Upon successful cancellation, you will continue to have access to your subscription until the end of your current billing cycle. No partial refunds will be provided for unused portions of the billing cycle.
LIVE EVENT TRAINING:
Live Event tickets are nonrefundable unless otherwise specified that they are eligible for a store credit. In order to enter any Live Event, you must have your own valid Ticket. One Ticket is required per attendee and will only be valid on the day(s) of the Event and area(s) of the Event as indicated on the Ticket. Entry into the Event is limited to persons that meet the minimum age requirements on or before the day of the Event. To enter a Live Event you must be at least eighteen (18) years of age or older unless otherwise specified for a particular event. No one is permitted entry without a ticket (this means no small children on your lap and no babies). Babies and lap children are not permitted to enter the event and you will be denied access if you are accompanied by a baby or child under the age of 18, unless otherwise specified for a particular event and with a valid ticket for each individual attending. Portable car seats and strollers are not allowed in any event area. Additionally, no strollers, diaper bags, car seats or backpacks are permitted in the Live Event Area, unless specified that backpacks are allowed. This event is for mature audiences only. You must have one of the following forms of approved identification to enter the Event that demonstrate proof of age. No exceptions will be made, even if you are accompanied by an adult or a person with valid identification. Failure to provide valid identification shall preclude you from entering the Event and you shall not be entitled to any refund nor will you be entitled to, or will the Company be liable for, any other damages, including but not limited to, incidental and/or consequential damages. In addition, during the Event, you must be able to provide valid identification if requested by a member of security or crew. If you are not able to show a valid identification, you may be properly ejected from the Event and you shall not receive a refund of Your Ticket.
The following original forms of identification are ACCEPTABLE and your name must appear on the ticket exactly how it appears on your identification:
Government Issued Passport with Photo; Government Driver’s License with Photo (U.S. or Canada); Military Identification Card with Photo; Government Issued Identification Card with Photo. No other forms of identification will be accepted.
If for any reason you are unable to attend an event, within 15 days prior to the event you may request a 100% credit at our online store or you may use the credit for a future live event; however please be advised that this only applies to tickets that are purchased without restrictions. Any ticket purchased as part of an Agreement or with a promotional gift item, such as a “gift with purchase” is not subject to store credits. We will be happy to move you to the next available event, but please note that credits for events may only be used once, unless there are extenuating circumstances with proof and documentation. We reserve the right to deny issuing a credit for a live event if this policy is over used or abused. All requests for credit must be submitted to hello@joinambitiousaf.com at least 15 days prior to the Event. Please note that Processing Fees on ticket purchases are non-refundable and non-transferrable to another event. Any request for credit or to transfer the ticket to another Event made less than 15 days before the event will be denied in accordance with this policy. Only tickets purchased without restrictions and not as part of a bundle or promotional giveaway are eligible to receive store credit.
Only tickets purchased without restrictions may be changed for a future event or a store credit if the request is made in writing at least 15 days prior to the Event. Any request made less than 15 days before the Event will be denied.
If you do not attend the event and request a credit AFTER the date of the event, you will be denied store credit. All requests for store credit must be in writing and occur 15 days prior to the date of the event.
In accordance with all federal and state laws, we reserve the right to refund tickets, deny access or refuse entry to any live event if we deem it in the best interest for the safety of the public, the speakers, employees and/or participants.
Any ticket that was received as part of a KICK THE CEILING, BATTLEGROUND, UNSTOPPABLE, or any KICK THE CEILING affiliate purchase is nonrefundable. Those tickets must be used within the allotted timeframe in the contract or they are forfeited. Once you have redeemed the ticket and/or reserved your seat for the event, they may not be cancelled or changed to any other event at a future date. They may bot be exchanged for any item and are not eligible for store credit. All tickets are nontransferable without notifying Customer Service at hello@joinambitiousaf.com to transfer the ticket for you.
At the Event, ticket holders must show state or federal identification or a passport, and it must match the name of the ticket holder. Please be advised that we are not able to provide you with an Invitation Letter or any other immigration documentation to assist you in obtaining a Visa to travel to the United States. We advise International purchasers to obtain a travel visa prior to purchasing the live event ticket. If you live in a country that prohibits travel to the United States, we are unable to assist with any documentation.
Hotel Accommodations: All Live Event tickets are nonrefundable and/or only available for a store credit under certain programs as outlined in these terms and conditions. If your Event Ticket came with a hotel room, please be advised that all hotel accommodations are subject to availability. Should the hotel in the offer not have availability at the time of booking, then the closest hotel of similarity will be chosen. As we do not control the hotel and its reservations, we are unable to guarantee a room at the exact hotel in the offer should their room fill up before booking occurs. The replacement hotel will be selected based on proximity to the event, availability and similarity of amenities. If you choose to forfeit the replacement hotel, there is no credit for the cost of the hotel and you will be solely responsible for the payment of your own selected hotel. If any of our Live Events are postponed due to a temporary supervening event that arises without the fault of the Company, then any tickets purchased for that live event will automatically be rolled over for the next available date for that event.
Supervening Events are defined as: Acts of God; government requests brought about for political reasons or not; changes of law, including deleted legislation and executive orders; strikes, industrial disputes; riots; rebellion and war; local government closures due to weather; and any other reason for the safety and health of the community at large. If an event cannot be rescheduled within 180 days, the purchaser shall receive a store credit in the amount of the original purchase.
PAYMENT PLANS FOR LIVE EVENTS & HOTEL ACCOMMODATIONS:
Please be advised that your payment plan must be paid in full in order to select your seat. If you do not select your seat at least 30 days before the event, your seat will be forfeited or selected for you. If your Live Event purchase came with a hotel accommodation, you must be paid in full at least 60 days before the event or the hotel room is forfeited without a refund or credit to your account. Hotel accommodations are limited and available only while supplies last and we cannot guarantee a room will be available if you have not made all of your payments pursuant to the payment plan in a timely fashion. Hotel rooms are nonrefundable.
UNLAWFUL RESALE OF TICKETS & PROMOTIONS:
Unlawful resale (or attempted resale) of any tickets is grounds for seizure a cancellation and the issuance of a store credit. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or has been, in violation of our policies. Because we do not guarantee the authenticity of tickets purchased from any non-authorized third-party reseller (such as brokers or individuals), we recommend that you purchase tickets directly through us, authorized affiliates, or licensees to ensure ticket authenticity. Tickets may not be used for advertising, promotions, contests, or sweepstakes, unless formal written authorization is given by the Chief Executive Officer, Erin Whitehead.
If you have purchased a suite or sponsor table at any of our event, you must provide the names for all attendees and tickets may not be sold to any purchased suite or sponsor table. Tickets, sponsorships, and suites are nontransferable.
Any bulk purchase of tickets (5 or more) are not permitted for re-sale. The names of the attendees for whom the tickets were purchased must be provided no later than 90 days prior to the event for which the tickets were purchased. Failure to do so will result in the tickets being revoked and the purchaser will receive a store credit for one-time use.
Any counterfeit or altered tickets will be seized immediately without compensation and no entry will be permitted to the Live Event.
AGE RESTRICTION:
You may not use or engage with the AMBITIOUS AF BATTLEGROUND Program if you are under eighteen (18) years of age. By using or engaging with the AMBITIOUS AF BATTLEGROUND program, you acknowledge and agree that you are not under the age of eighteen (18) years, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Program.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the site is governed by our Privacy Policy. View our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kick The Ceiling, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kick The Ceiling, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site or any of our monthly or yearly subscription plans.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@erinmwhitehead.com.
Kick The Ceiling, LLC
Mobile Message Program Terms and Conditions:
Last updated: 07 March 2024
The Kick The Ceiling, LLC mobile message program (the “Program”) is operated by Kick The Ceiling, LLC (“AMBITIOUS AF”, “we”, or “us”). Your use of the Program constitutes your agreement to these terms and conditions (“Mobile Terms of Service”) and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may modify or cancel the Program or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms of Service at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.
User Opt In:
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. By consenting to AMBITIOUS AF’s SMS/text messaging Program, you agree to receive recurring SMS/text messages from and on behalf of AMBITIOUS AF through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. By participating in the Program, you agree to receive autodialled or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialler, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialling system (“ATDS” or “autodialler”). Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with 1st Phorm. Your participation in this program is completely voluntary.
User Opt Out:
You may opt-out of the Program at any time. Reply the single keyword command STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking – ARRET, DESABONNER, ANNULER, or FIN) or click the unsubscribe link (where available) in any text message to opt out of the Program. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.
You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking – ARRET, DESABONNER, ANNULER, or FIN) keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that 1st Phorm and its service providers will have no liability for failing to honour such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
If you have subscribed to other AMBITIOUS AF mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Program support or assistance, reply HELP or email hello@joinambitiousaf.com We may change any short code or telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.
Program Description:
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of apparel, merchandise, gift cards, and our coaching app.
Cost and Frequency:
We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
Message frequency varies. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Our Disclaimer of Warranty:
The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.
Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. The wireless carriers supported by the Program are not liable for delayed or undelivered messages.
You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Program.
Participant Requirements:
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Prohibited Content:
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
– Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
– Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
– Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
– Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
– Any sensitive or special category personal data including racial or ethnic origin data, political opinions data, religious or philosophical belief data, trade union membership data, genetic or biometric data (for the purpose of uniquely identifying a natural person), health data and sex life or sexual orientation data.
– Any personal data of people aged under 18 without parental consent.
– Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution (SMS recipients in the USA only):
In the event that there is a dispute, claim, or controversy between you and Us, or between you and Community.com, Inc. or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Orlando, Florida before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which AMBITIOUS AF’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
State Law:
Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.
Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.
Miscellaneous:
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
