Legal Terms & Conditions
This is the web site of www.organizewithkelley.com (the “Website”). We will not distribute personal information, including your name, e-mail address, or any other information, to third parties. We will only use your telephone number or e-mail address for inquiries related to the Website. We do not provide site visitors access to information from or about other site visitors or customers. Maintaining your privacy is of the utmost importance to us.
The Website is not intended to be viewed, and the Services are not intended to be purchased or used, by minors or anyone under the age of sixteen, or the age required by the corresponding jurisdiction. By entering the Website or using the Services, you are stating that you are not under the age of sixteen.
Payment is due at the time that appointments are booked, and must be paid in full before a session begins with Organize with Kelley. Payment can be made via the website (www.organizewithkelley.com), through an invoice sent directly to the client, or via check for follow-up appointments.
If you need to cancel a previously scheduled session with Organize with Kelley, you must do so no later than 48 hours prior to our meeting. If the meeting is cancelled before the 48-hour period prior to the meeting, a cancellation fee of $50 will be assessed, and the remainder of the fee (paid upon the time of booking the service) will be refunded. Meetings cancelled within 48 hours of the scheduled appointment will not be refunded. One rescheduling is allowed per appointment at no charge if the adjusted date is requested prior to the 48-hour cancellation window. For all cancellations, within the 48-hour period or not, if a refund is required, 100% of the applicable credit card transaction fees will be deducted from the refunded amount.
Through working with Organize with Kelley, you may be discarding items from your home or office that no longer bring you joy. You are solely responsible for your decisions about what to discard, and Organize with Kelley serves you in a guiding and supportive role only. By using the Services of Organize with Kelley, you understand and agree that Organize with Kelley is not responsible for making decisions about what to keep or discard and can not be held liable should your opinion change about what to discard after the decluttering session has ended.
In no event shall Organize with Kelley be liable for any damages whatsoever, either direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to the items you have selected to discard from your home in connection with the use of our Services, including, without limitation, loss of property, bodily injury, death, emotional distress, and/or other damages resulting from a decluttering session that you have procured through Organize with Kelley.
Communications and Content
All e-mail sent to any e-mail addresses of the Website becomes the property of Organize with Kelley. The Website may provide links to the sites of affiliated companies and certain other businesses or materials. Organize with Kelley is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of the websites. Organize with Kelley does not assume any responsibility or liability for the actions, product, and content of these and any other third parties. Your use of such websites or materials is at your own risk and you should carefully review all privacy statements and other conditions of use.
You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is false, unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law, or which, without the Website’s express written prior approval, contains advertising or any solicitation with respect to the Services.
Limitation of Liability
By using the Website, materials, or Services of Kelley Jonkoff, you agree to release and hold harmless Organize with Kelley and the employees, officers, directors, members, managers, shareholders, agents, representatives of Organize with Kelley, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Organize with Kelley, any third-party providers or sources of information or data, and legal advisers from any and all losses, damages, rights, claims, and actions of any kind arising from or related to the Website, materials, or Services.
Neither you nor Organize with Kelley may assign or transfer any rights, duties, or obligations herein nor any rights, duties or obligations associated with any service purchased through Organize with Kelley without the prior written consent of the other, and any purported attempt to do so shall be null and void.
Waiver of breach or failure to strictly enforce the terms of this Agreement shall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict compliance with the terms of this Agreement.
Organize with Kelley makes no warranties or representations of any nature, express or implied, including but not limited to your decluttering success. In no event shall Organize with Kelley or its representatives be liable for special, incidental, punitive, or consequential damages resulting from any failure of any performance by Organize with Kelley.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service or the Agreement must be filed within One (1) Year after such claim or cause of action arose or shall be forever barred.
This Agreement constitutes the entire understanding and agreement of the Parties entering into it (“the Parties”) with respect to the subject matter covered in it, and it supersedes all other prior agreements and understandings, written or oral, among the Parties, with respect to such subject matter.
The Parties hereby warrant that this Agreement is duly executed with full authority and approval of each of them. The Parties further warrant and represent that they have fully informed themselves of the terms and legal effects of this Agreement, that no promises or representations have been made to induce their execution of this Agreement except those set forth herein, that they have relied on independent judgment and, where applicable, the advice of their legal counsel in executing this Agreement, and that they have full authority and capacity to execute this Agreement and that no further authorization, ratification or approvals from any entity, organization or agency, including any corporate, legal or judicial entity, shall be necessary in order to give this Agreement full force and effect.
If any provision, or portion thereof, of this Agreement is held invalid, illegal, void, or unenforceable by reason of any law, rule or regulation, administrative order, judicial decision, or public policy, the remaining provisions shall not be affected, impaired or invalidated thereby, and each term and provision of this Agreement shall remain in full force and effect and be valid and enforceable to the fullest extent permitted by law, and shall be deemed separate from such invalid or unenforceable provision. Any invalid, illegal, void or unenforceable provision shall be deemed, without further action on the part of the parties hereto, amended, limited or replaced and enforced to the extent necessary by a court of competent jurisdiction or arbitrator(s) to render such provision, as so amended, limited or replaced, legal, valid and enforceable, with the a provision or part thereof that comes as close as possible to expressing the intention of the stricken provision, it being the intention of the parties that this Agreement and each provision hereof shall be legal, valid and enforceable to the fullest extent permitted by applicable law.
The language used in this Agreement will be construed in all cases in accordance with ordinary usage and meaning. The Parties acknowledge that each Party has reviewed this Agreement and that no single party bears sole responsibility for the draftsmanship of this Agreement. Consequently, no rule of construction to the effect that ambiguities are to be resolved against the drafting Party should be employed in the interpretation of this Agreement.
This Agreement shall be governed by, interpreted and construed, and enforced in accordance with the laws of North Carolina, without reference to conflicts of laws principles.
Choice of Venue
All disputes shall be resolved by a court of competent jurisdiction in North Carolina.
Any controversies, claims, or disputes arising out of or relating to this Agreement shall be resolved solely and exclusively by binding arbitration in North Carolina in accordance with the rules for commercial arbitration of the American Arbitration Association (“AAA”) in effect at the time such arbitration is initiated and shall be administered by the AAA. The arbitration shall take place in North Carolina. The arbitrator shall be required to follow applicable law. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Organize with Kelley ARE EACH WAVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The decisions and awards rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction. The arbitrator may, as part of any award, award to the prevailing party the costs of such arbitration, including attorney, expert, and witness fees. This agreement to arbitrate shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
I agree that this Agreement is governed by the Electronic Signatures in Global and National Commerce Act (commonly known as the “E-Sign Act”), 15 U.S.C. 7000, et seq. and may not be denied legal effect, validity, or enforceability solely because it is in electronic form. By choosing to book a session to work with Organize with Kelley, which indicates my agreement to be bound by the terms of this Agreement, I affirmatively adopt making this selection as my signature and the manifestation of my consent to be bound by the terms of this Agreement.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.