Terms and Conditions

Last updated: September 4, 2020

Please read these terms and conditions carefully before using the https://kardiagroup.com website (the “Website”) operated by Kardia Group LLC. Our Privacy Policy and Refunds and Returns Policy form a part of these Terms and Conditions.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Kardia Group LLC, 4727 E Bell Rd, Ste 45335, Phoenix, AZ 85032.
• Country refers to: Arizona, United States
• Goods refer to the items offered for sale on the Website.
• Orders mean a request by You to purchase Goods or Services from Us.
• Services refers to service-based products offered for sale on the website.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.
• Website refers to Kardia Group LLC, accessible from https://kardiagroup.com
• You means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.

Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.

By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.

Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.

Intellectual Property

The Website and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors.

Placing Orders for Goods or Services

By placing an Order for Goods or Services through the Website, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods or Services available on the Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

• Goods or Services availability
• Services suitability
• Errors in the description or prices for Goods or Services
• Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Refunds and Returns Policy.

Our Refunds and Returns Policy forms a part of these Terms and Conditions. Please read our Refunds and Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order for Services only applies to Orders where the Services have not yet been delivered, either in whole or in part.

Your right to cancel an Order for Goods only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.

Orders for Services only (no Goods): We will reimburse You no later than 14 days from the day on which We receive Your cancellation request for eligible Orders including only Services (see above). Orders including Goods only (no Services): We will reimburse You no later than 14 days from the day on which We receive the returned Goods. Orders including both Goods and Services are subject to the cancellation requirements and conditions for both Goods and Services. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

• The supply of Goods made to Your specifications or clearly personalized.
• The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
• The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
• The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods and Services on the Website. The Goods and Services available on Our Website may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods and Services on the Website and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods and Services purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Terms and Conditions Related to Specific Services

General Terms, and Organizational Change Services

You agree to make a good-faith effort to use any purchased Services within one year of purchase date.

Organizational change, and especially cultural change within an organization, is complex, non-linear, and iterative in nature. Therefore, achieving specific organizational change outcomes, especially within specific timeframes, may not be possible or desirable. Nothing in this document or on the Website shall be construed as a guarantee of any specific outcome.

Company provides professional development and training services. Company coaches and consultants do not investigate, nor are they responsible for reporting, Human Resource-related or legal concerns including but not limited to assault, bullying, harassment, sexual harassment, or discrimination based on race, sexual orientation or gender. Such serious issues should be reported directly to the appropriate legal or administrative entities. Given the nature of our work to promote new skills, capacities and behavior in a development and training context, Company personnel are not the appropriate channel for the reporting of such issues. If a coaching, consulting, or change project develops into an HR, legal or other administrative matter (including but not limited to the institution of a Performance Improvement Plan, a Title IX investigation, a punitive reduction in salary or title, etc.) Company reserves the right to immediately discontinue services related to that individual, project, or event with no loss of compensation.

Company provides document review, editing, and/or document preparation services in an advisory capacity, and does not guarantee any specific results or outcomes.

Coaching Services (Including Assessment Services)

Regardless of who purchases Company coaching, the coaching client is considered to be the individual receiving coaching services. Company is under no obligation to report anything about coaching client or sessions to purchaser (You) if purchaser is different from coaching client.

Coaching provided by Company is intended as formative evaluation for developmental purposes and does not serve a summative evaluation or personnel review function.

Coaching conversations, assessment results, and written communications and documents exchanged for the purpose of coaching are confidential and are specifically and solely provided to coaching clients for leadership development and support purposes. No person-specific observations, results, or reports will be provided to any entity, institution or other person, unless requested by the individual being coached.

Information from coaching sessions and leadership assessments may be shared and discussed within Company on an as needed basis.

A coaching session consists of coaching support provided in person, by phone, by videoconference (Skype, Zoom, etc.), by email or by text. Coach and a coaching client may agree to use coaching time for related asynchronous work, such as a review of written materials.

Company reserves the right to charge for coaching sessions cancelled within 24 hours of the scheduled meeting time. (In the case of prepaid coaching, Company reserves the right to consider such sessions completed.)

As an advisor to deans and other administrators, Company shares aggregate information about the circumstances and challenges faced by administrators, faculty, and staff. All coaching relationships will inform the advice Company provides in this role and in the development of other coaching and leadership development services.

Company reserves the right to suspend any coaching relationship in the event that Company determines that coaching does not serve the needs of the individual being coached.

In practice, coaching sessions occur at the frequency needed to address the situation at hand. This may include, for example:

• Longer periods with no coaching, and frequent higher intensity periods (either because a situation has arisen, or because the individual has identified that timing as a good time to invest in this kind of work).
• Scheduling more than two sessions in a month and more than 1 session in a week.

Company coaches will maintain confidentiality within the bounds of this agreement with respect to conversations, written communications, and any documents exchanged for the coaching relationship or generated for the purpose of coaching. This includes those that focus specifically on the client’s characteristics or role in the organization. This also includes information about colleagues, career plans, or the organization, with the exception of information about illegal or life-threatening activities or circumstances, information that Company is required by law to produce, or information that is reasonably necessary for Company to present claims or defenses in administrative or legal proceedings.

Links To Other Web Sites

Our Website may contain links to third-party web sites or services that are not owned or controlled by Us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Website will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or 100 USD if You haven’t purchased anything through the Website.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Website is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Website. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Website.
You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Website.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By visiting this page on our website: https://kardiagroup.com/contact-us/