TERMS AND CONDITIONS

Please read these Terms and Conditions (the "Terms") carefully before accessing or using Kylie Serie Wellness LLC (referred to as "we," "us," or "our") website, products, or services. These Terms govern your access to and use of our offerings, and by accessing or using them, you agree to be bound by these Terms. If you do not agree with these Terms, please do not access or use our website, products, or services.

All content, materials, designs, logos, trademarks, and intellectual property rights associated with our website, products, and services are owned by us or our licensors. You acknowledge and agree that these rights are protected by applicable intellectual property laws and treaties. You shall not reproduce, distribute, modify, or create derivative works of any content or materials without our prior written consent.

By submitting or posting any content, feedback, or materials through our website, products, or services, you grant us a non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, modify, adapt, distribute, and display such content for the purpose of providing and promoting our offerings. You represent and warrant that you have the necessary rights to grant this license and that your content does not violate any third-party rights.

To access certain features of our website or utilize our services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and ensuring the security of your account. You agree to provide accurate, current, and complete information during the registration process and promptly update any changes.

You agree to use our website, products, and services in compliance with applicable laws and regulations and refrain from:

• Engaging in any activity that may disrupt, interfere with, or harm the functionality, security, or integrity of our offerings.
• Attempting to gain unauthorized access to our systems, accounts, or networks.
• Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity.
• Uploading or transmitting any viruses, malware, spam or harmful code.
• Collecting or harvesting any personal information from other users without their consent.
• Engaging in any activity that violates the rights of others or encourages illegal or harmful behavior.
• Collecting or harvesting intellectual property and distributing or sharing it without prior written consent.
• Sharing login information with others.

Our website, products, and services are provided on an "as is" and "as available" basis, without any warranties or guarantees of any kind, whether express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our offerings will be error-free, secure, or uninterrupted. Kylie Serie is a Registered Dietitian and is not a medical doctor. Before implementing any changes or habits suggested by us, it is crucial that you engage in a discussion with your physician to address and obtain approval for modifications to your lifestyle, food intake, exercise regimen, supplement intake, or medical treatment. Our website, products, and services are based on personal experiences and is considered informational and for educational purposes only.

We strive to provide accurate and reliable information on our platform; however, we cannot guarantee the absence of errors or omissions due to the complexity of the information covered. Therefore, we expressly disclaim any liability for any inaccuracies, incompleteness, or errors in the information provided. It is the responsibility of the user to verify the accuracy and relevance of the information before making any decisions or taking any actions based on it.

Users are encouraged to independently research and verify any information or advice obtained from our platform before relying on it. We recommend consulting with relevant professionals or experts for specific advice or guidance tailored to individual circumstances.

By using our platform, you acknowledge and agree that we shall not be held responsible or liable for any errors, omissions, or inaccuracies in the information provided, nor for any consequences that may arise from such errors or omissions.

To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use or inability to use our website, products, or services. Our total liability, regardless of the cause of action, shall be limited to the amount paid by you, if any, for accessing or using our offerings.

Any dispute, claim, or controversy arising out of or relating to this agreement, including its interpretation, validity, breach, or termination, shall be resolved through binding arbitration. The arbitration shall be conducted in accordance with the rules and procedures of American Arbitration Association, as modified by the terms set forth in this clause.

The arbitration proceedings shall take place in Sioux Falls, SD, unless otherwise mutually agreed upon by the parties. The arbitration shall be conducted by a single arbitrator appointed by American Arbitration Association, or by mutual agreement of the parties.

The arbitrator's decision shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You are not permitted to seek additional damages, including consequential or punitive damages and the only award that can be issued to you is a refund of any payment made to receive products or services.

The arbitration shall be conducted in a confidential manner, and all information, documents, and proceedings related to the arbitration shall be treated as confidential by the parties, their representatives, and the arbitrator, unless otherwise required by law.

The costs and expenses of the arbitration, including the fees of the arbitrator, shall be shared equally between the parties, unless the arbitrator determines otherwise in the final award.

This arbitration clause shall not prevent either party from seeking injunctive relief or any other provisional remedy from a court of competent jurisdiction. The parties hereby waive any right to bring or participate in any class action or representative proceeding.

By agreeing to this arbitration clause, the parties acknowledge and agree that they are waiving their right to a trial by jury or to participate in a class action or representative proceeding.

This arbitration clause shall be governed by and construed in accordance with the laws of South Dakota, and any disputes arising out of or in connection with this clause shall be subject to the exclusive jurisdiction of the courts in South Dakota.

You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your breach of these Terms or your use of our website, products, or services.

We may, at our sole discretion, suspend or terminate your access to our website, products, or services at any time and for any reason, without prior notice or liability.

We reserve the right to modify or update these Terms and Conditions at any time, without prior notice, by posting the revised version on our website or other authorized platforms. It is your responsibility to review these Terms periodically for any changes. Your continued use of our website or services after the effective date of any modifications constitutes your acceptance of the revised Terms.

These Terms shall be governed by and construed in accordance with the laws of South Dakota. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in South Dakota.

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.