Terms of Use

Introduction

Welcome to Kayla Sierra Consulting ("Company," "we," "us," "our," or "Kayla Sierra"). These Terms of Use ("Terms") govern your access to and use of our website (kaylasierra.com), services, content, and materials (collectively, the "Services"). By accessing, visiting, or using our website or Services in any way, you agree to be bound by these Terms. If you do not agree to any of these Terms, please do not use our Services.

We've organized these Terms with a visual summary above for quick reference, followed by detailed information. We recommend reading this entire document to understand your rights and responsibilities when working with us.

1. ACCEPTANCE OF TERMS

By using kaylasierra.com or engaging with Kayla Sierra Consulting's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, our Privacy Policy, and any other terms we incorporate by reference. These Terms apply to all visitors, users, and others who access or use our Services.

If you do not agree with any part of these Terms, you may not use our Services. We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting to our website. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to review these Terms periodically for updates.

2. DESCRIPTION OF SERVICES

Kayla Sierra Consulting provides business consulting, coaching, and resources specifically designed for founders and entrepreneurs who are starting or growing their businesses. Our Services include, but are not limited to:

• Consulting and advisory services delivered through email, video calls, or other communication channels as agreed upon with clients.
• Educational resources, templates, guides, and frameworks created to help you build and launch your business effectively.
• Email courses, newsletters, and content designed to provide insights and actionable advice for founders.
• Recommendations and suggestions based on your specific business needs (customized or general).
• Access to our website, including articles, resources, and downloadable materials.
• Any additional services we agree to provide as outlined in specific service agreements or proposals.

These Services are provided on an "as is" and "as available" basis. We do not guarantee specific results, outcomes, or timelines unless explicitly stated in a separate written agreement with you.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

You represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction. If you are under 18, you may only use our Services with the prior written consent and direct supervision of a parent or legal guardian.

If you create an account or register with our website, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account information and password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not responsible for any loss or damage arising from your failure to protect your account information.

You agree that your account is personal to you and may not be transferred or shared with others. You are solely responsible for any activity on your account, whether authorized by you or not.

4. USER CONDUCT AND PROHIBITED USES

You agree that you will not use our Services in any way that:

• Violates any applicable law, regulation, or third-party right, including intellectual property, privacy, or publicity rights.
• Is illegal, threatening, abusive, defamatory, obscene, or otherwise offensive in nature.
• Infringes upon our intellectual property rights or the intellectual property rights of others.
• Impersonates any person or entity or misrepresents your identity or affiliation with any person or entity.
• Attempts to gain unauthorized access to our Services, systems, or networks, or any systems or networks connected to our Services.
• Interferes with or disrupts the integrity or performance of our Services or third-party systems or networks.
• Transmits any viruses, malware, or any code of destructive nature.
• Engages in spam, phishing, or any form of unsolicited advertising or promotional activity.
• Harasses, bullies, or attempts to harm any individual or group.
• Uploads, posts, or distributes content that is illegal, threatening, abusive, defamatory, obscene, or harmful.
• Attempts to reverse engineer, decompile, or discover the source code or underlying ideas or algorithms of any portion of our Services.
• Scrapes or automatically collects data from our website without authorization.
• Uses our Services for any commercial purpose without our explicit written permission (except as part of using the Services as intended).
• Uses our Services to develop competing products or services.
• Any other use that we determine in our sole discretion violates these Terms or is otherwise inappropriate.

Violation of these provisions may result in termination of your account and loss of access to our Services, as described in Section 11 below.

5. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

All content, materials, designs, text, graphics, logos, images, videos, software, and other elements on our website and in our Services are owned by Kayla Sierra Consulting or are used with permission from third parties. This includes but is not limited to all original frameworks, methodologies, templates, guides, courses, and proprietary strategies we develop and share.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services and related content for your personal, non-commercial use. This license does not include the right to reproduce, distribute, publicly display, publicly perform, or create derivative works of any content without our express written permission.

Copyright and Trademarks

The Services, including all content, are protected by copyright, trademark, and other intellectual property laws. "Kayla Sierra," our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kayla Sierra Consulting. All other trademarks, logos, and brand names are the property of their respective owners.

Your Content

If you submit, upload, post, or otherwise provide content, comments, suggestions, ideas, feedback, or materials to our Services ("User Content"), you retain ownership of your User Content. However, by submitting User Content, you grant Kayla Sierra Consulting a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with our Services and our business operations.

You represent and warrant that you own or have the necessary rights to grant these rights in your User Content, and that your User Content does not infringe upon any third-party intellectual property rights or any law or regulation.

Prohibited Uses of Intellectual Property

You agree that you will not:

• Reproduce, modify, or create derivative works based on our content without permission.
• Distribute, display, or perform our content publicly without permission.
• Remove or alter any copyright, trademark, or proprietary notices.
• Use our trademarks, logos, or brand names without our express written permission.
• Claim ownership of any of our intellectual property.
• Reverse engineer or attempt to extract our methodologies or proprietary information for competing purposes.

6. DISCLAIMERS

As-Is Services

The Services are provided "as is" and "as available" without warranty of any kind, either express or implied. We disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that:

• The Services will be uninterrupted, error-free, secure, or free from viruses or harmful components.
• Any defects in the Services will be corrected.
• The results of using the Services will meet your expectations or requirements.
• Any information, advice, or recommendations provided through the Services will be accurate, complete, or suitable for your specific situation.

Third-Party Content

Our Services may contain links to, or content from, third-party websites, applications, and services that we do not control. We are not responsible for the availability, accuracy, content, or practices of these third-party services. Your use of third-party services is governed by their own terms and conditions and privacy policies. We disclaim all liability for any harm, loss, or damage resulting from your use of third-party services or content.

User Content

We are not responsible for User Content submitted by you or other users. While we may moderate content, we do not guarantee that all harmful, illegal, or inappropriate content will be removed. You assume all risk and responsibility for any User Content you access or use.

7. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event shall Kayla Sierra Consulting, its owners, officers, directors, employees, agents, or service providers be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) arising out of or in connection with:

• Your use of or inability to use the Services.
• Any content or information provided through the Services.
• Unauthorized access to or alteration of your data.
• Statements or conduct of any third party.
• Any other matter related to the Services.

Essential to Understanding These Terms: You acknowledge that these limitations of liability are essential terms of these Terms of Use, and that Kayla Sierra Consulting would not provide the Services without these limitations.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kayla Sierra Consulting, its owners, officers, directors, employees, agents, and service providers from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of any applicable law or third-party right.
• User Content you submit or provide.
• Any action or inaction you take based on information from our Services.
• Your dispute with another user or third party.

9. PAYMENT AND REFUND POLICY

If we provide paid services, pricing and payment terms will be specified in a separate service agreement, proposal, or invoice. All fees are exclusive of applicable taxes unless otherwise stated. You are responsible for paying all applicable taxes related to your use of our Services.

Refund Policy

Consulting and advisory services are generally non-refundable once rendered. However, if you believe you have been charged in error or have a dispute about a charge, contact us immediately at kayla@kaylasierra.com. We will review your claim and work with you in good faith to resolve it.

For digital products or resources that have not been downloaded or accessed, we may offer refunds within 30 days of purchase at our sole discretion. Once you have accessed or downloaded digital content, it is generally non-refundable due to the nature of the product.

Cancellation of Services

If you have purchased access to a course, membership, or ongoing service, you may cancel at any time by contacting us. Cancellation becomes effective at the end of the billing period. Fees paid in advance are not refundable except as required by applicable law.

10. CONTACT AND COMMUNICATION

By accessing our Services, you consent to receive communications from us via email or other methods related to your use of the Services, updates to our Terms and policies, security notices, and other administrative communications. You can opt out of marketing communications but may not opt out of essential service-related communications.

Email Communications: We use email as a primary means of communicating with you. Check your email regularly for important updates, including changes to these Terms, our Privacy Policy, and other legal notices.

11. DISCLAIMER OF PROFESSIONAL ADVICE

You should not rely solely on our Services for making business, financial, legal, or other important decisions. We strongly recommend consulting with qualified professionals (attorneys, accountants, tax advisors, business consultants) before making significant business decisions.

We are not liable for any decisions you make or actions you take based on information from our Services. All decisions and actions are your responsibility and at your own risk.

12. TERMINATION OF ACCESS

Termination by You

You may stop using our Services at any time by ceasing to access our website and Services. If you have an account, you may request account deletion by contacting us at privacy@kaylasierra.com.

Termination by Us

We reserve the right to terminate or suspend your access to our Services, in whole or in part, immediately and without notice or cause, at our sole discretion. We may also terminate your account if:

• You violate any provision of these Terms.
• You violate any applicable law or third-party right.
• We determine that continuing to provide Services to you creates legal or technical risk.
• We discontinue the Services or any portion thereof.

Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases.
• We may delete your account and any associated data at our discretion.
• Sections that by their nature should survive termination (such as Intellectual Property Rights, Limitation of Liability, and Indemnification) will continue in effect.
• You remain liable for any obligations incurred before termination.

13. CHANGES AND DISCONTINUATION

We may change, suspend, or discontinue our Services, or any portion thereof, at any time with or without notice. We will not be liable for any loss, damage, or inconvenience resulting from changes or discontinuation of the Services.

14. LINKS TO THIRD-PARTY WEBSITES

Our Services may contain links to third-party websites and services. We do not endorse, control, or assume responsibility for these third-party services. Your access to and use of third-party services is at your own risk and is subject to their terms of use and privacy policies. We are not responsible for any content, accuracy, or practices of third-party websites or services.

15. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law

These Terms and your use of our Services shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles.

Dispute Resolution

If you have a dispute with Kayla Sierra Consulting, we encourage you to contact us first to attempt an amicable resolution. You can reach us at kayla@kaylasierra.com or privacy@kaylasierra.com.

If we cannot resolve the dispute informally, you and Kayla Sierra Consulting agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (including the breach thereof) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than by litigation.

Class Action Waiver

Exceptions to Arbitration

Notwithstanding the above, disputes concerning intellectual property rights, confidentiality obligations, or non-compete agreements may be brought in court at the discretion of either party.

16. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, the provision shall be severed. The remaining provisions of these Terms shall continue in full force and effect.

17. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other documents we incorporate by reference, constitute the entire agreement between you and Kayla Sierra Consulting regarding your use of the Services and supersede all prior negotiations, agreements, and understandings, whether written or oral.

18. CONTACT US

If you have questions about these Terms of Use, our Services, or wish to exercise any of your rights under these Terms, please contact us:

• Email: kayla@kaylasierra.com
• Privacy Inquiries: privacy@kaylasierra.com
• Primary Contact: Kayla Hubbard - kayla@kaylasierra.com

We aim to respond to all inquiries within 30 days. For urgent matters, please mark your email as "Urgent."