PROGRAM TERMS OF USE

Welcome to Design It In A Day ("PROGRAM") owned and operated by KB Interiors L.L.C. (“Company”). These Terms of Use ("Terms") are a legally binding agreement that governs your relationship with the Company. Please read these Terms carefully before using any of the Company’s Services, Programs or Products (“Services”).

1. Introduction
By accessing or using any of the Company’s Services, including purchasing and/or participating in a Program or accessing any materials provided by the Company, you agree to be bound by these Terms. These Terms apply to all Users of the site and all other Users of the Company’s programming. If you do not understand or accept these Terms, please do not use the Services.

1. Definitions
a. "Company," "we," "us," and "our" refer to KB Interiors L.L.C. and its affiliated entities.
b. "User," "you," and "your" refer to Users, User's team members (including employees, contractors, and representatives of User and User's company), Customers, Users of the site, and Users of the Company’s programming.
c. "Materials" include any content, whether conveyed by written, audio, digital, visual, or other means, containing Company or Program proprietary and/or confidential information, including merchandise.
d. "Program" refers to any membership, subscription, course, seminar, retreat, session, class, event, or other offering by the Company.
e. "Service" or "Services' ' refer to the services included in the designated Program or accessing Company’s materials including audio and/or video content, live streams, meetings, webinars, trainings, coaching sessions and live events.
f. "Site" refers to [URL/Domain] and any official Company social media account to the extent that the content on such an account is from the Company.
g. "Terms" means these Terms and Conditions as they are amended from time to time.

2. Company Programs
The Company offers various Program(s) that may contain unique terms and provisions. Please read and abide by the specific terms and conditions provided for each Program. If there is a conflict between these general Terms and the terms of a specific Service, the latter terms shall control for that Service.

3. Additional Terms and Conditions
In addition to these Terms, you agree to comply with any other applicable policies posted on the Site. These additional terms are incorporated into these Terms and are effective immediately upon posting.

4. User Responsibilities
To participate in the Services effectively, you are responsible for:

● Ensuring you have the necessary tools and access, such as a computer and internet connection.
● Possessing basic technological aptitude to navigate the Site and access program materials.
● Actively engaging and implementing the tools and strategies learned during the Services.
● Requesting support when needed.

 
5. Payment Terms
● Monthly payments: The Company will bill you monthly on the same day, starting from your subscription date. Please note, if your subscription date falls on the 29th, 30th, or 31st, it will default to the last day of months without these dates.
● One-time or lump sum payments: Due as specified in the specific Company Program or Stand Alone Event Terms and Conditions.
● Late payment fee: If any fee remains unpaid after five (5) business days of its due date, the Company may assess a penalty fee of ten percent (10%) of the payment due at its discretion.
● Financing: If you receive financing through a third party or the Company, you will be subject to its terms and conditions.

6. Acceptable Payment Methods
a. The Company accepts various payment methods for the purchase of its Services, subject to the terms and conditions outlined in this agreement.
1. Credit Cards
2. Debit Cards
3. Online Payment Platforms including Apple Pay
b. Payment Currency: Unless otherwise stated, all payments shall be made in United States of America Dollars. Users are responsible for any currency conversion fees or charges that may apply to their payments.
c. Payment Authorization: By providing payment information, Users authorize the Company to charge the specified amount for the Services selected. Users agree to maintain sufficient funds or credit availability to cover the authorized payment.
d. Failed Payments: In the event of a declined payment or insufficient funds, the Company reserves the right to suspend access to the Services until the payment is successfully processed. The Company may also charge a fee for any declined or returned payments.
e. Third-Party Payment Services: The Company may use third-party payment processors to facilitate payments. Users acknowledge that any payment information provided to such third-party processors is subject to their respective terms and privacy policies.

7. Refunds, Cancellation, Auto Renewal and Billing Disputes
The Company is committed to providing exceptional customer service. In the event that you are dissatisfied with our Services, please contact us at administrator@kbinteriors.co or 878-213-0296 to discuss your concerns and explore potential solutions. We encourage open communication and aim to resolve any issues promptly.
a. Restricted Refunds: There will be no refunds after 24-hours of purchase. If you are dissatisfied with the purchase within 24 hours and have completed less than 10% of the course, you may contact administrator@kbinteriors.co for a refund. If it is seen that you have completed more than 10% of the course or requested a refund beyond the 24-hour period, the refund will not be granted.
b. Cancellation of Subscription: Your enrollment in the course expires after one year.

8. Dispute Resolution:
a. In case of any dispute or disagreement related to billing or Services, both parties agree to first attempt to resolve the matter amicably through good-faith negotiation. If the dispute remains unresolved within 7 days after written notification to the other party, either party may seek mediation as a voluntary and non-binding alternative to litigation. Mediation shall take place in Pittsburgh, Pennsylvania and be conducted by a certified mediator agreed upon by both parties.
b. The User agrees to the following:
i. Familiarize themselves with the refund and cancellation policies outlined in this agreement and on the Site.
ii. Dispute any billing discrepancies or unauthorized charges with the Company directly and promptly.
iii. Provide accurate billing information and ensure it is up-to-date at all times.
iv. Not initiate chargebacks without first attempting to resolve the issue with the Company's customer support.

9. Photo and Video Release
By participating in any Program, you agree to the Company's right to use recorded audio, video, and photographs for any purpose without further compensation or notification.

10. Recording Consent
a. By signing up and participating in the Program, you hereby grant explicit consent for the Company to record any audio, video, or photographs during the Program sessions, events, or related activities.
b. This recording consent includes, but is not limited to, live streams, webinars, meetings, coaching sessions, and in-person events.
c. You acknowledge and agree that the recordings may capture your likeness, voice, and any other identifiable attributes, and that the Company may use such recordings for various purposes, including but not limited to:
i. Program Evaluation: The Company may use the recordings to evaluate and improve the quality, content, and effectiveness of the Program.
ii. Marketing and Promotional Purposes: The Company may use the recordings for marketing, promotional materials, and advertising of the Program. This may include but is not limited to posting excerpts of the recordings on the Company's website, social media platforms, and other marketing channels.
iii. Archiving: The Company may retain the recordings for archival purposes to document the Program's history and achievements.
iv. Educational and Training Materials: The Company may use the recordings for educational or training purposes, including sharing them with future Program participants, employees, contractors, or affiliates.
v. Other Lawful Purposes: The Company may use the recordings for any other lawful purposes as permitted by applicable laws and regulations.
d. You understand that your participation in the Program is voluntary and that you have the option to refuse to be recorded. If you do not wish to be recorded, you must inform the Company in writing before the Program commences or at any time during the Program.
e. The Company will make reasonable efforts to inform you in advance when any recording is likely to take place during the Program. However, you acknowledge that certain spontaneous or interactive aspects of the Program may result in recordings without prior notice.
f. You further agree that the Company shall be the exclusive owner of all rights, title, and interest in the recordings, including any intellectual property rights associated with them. You hereby waive any rights of inspection, approval, or compensation concerning the use of the recordings.
g. This recording consent shall remain in effect throughout your participation in the Program and shall survive the termination of your involvement in the Program.
h. By signing up for the Program, you acknowledge that you have carefully read, understood, and agree to the terms of this recording consent provision. You acknowledge that you are granting this consent voluntarily and that it is an essential condition of your participation in the Program. If you do not agree with this provision, you may choose not to sign up or participate in the Program.
i. By signing up for the Program, you indicate your acceptance and agreement to the terms of this recording consent provision.

11. Program Alterations
The Company reserves the right to make reasonable alterations to a Program to ensure safety and integrity. Some details may change due to unforeseen circumstances.

12. Term
These Terms begin on the date of first payment for the Services and continue until you have completed the course.

13. No Guarantees
The Company makes no guarantees regarding specific outcomes from the Services. Results depend on various factors beyond our control.

14. Independent Contractors
The relationship between the User and the Company is that of independent contractors.

15. No Agency or Partnership
Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, or employment relationship between you and the Company.

16. Confidentiality
You agree to keep confidential any proprietary information shared by the Company or fellow participants during the Program.

17. Non-Disclosure
As a condition of accessing and using the Company's proprietary and confidential information and materials, including but not limited to Program content, materials, and strategies, User agrees to not disclose this material. Users shall refrain from disclosing, reproducing, or using any confidential information, proprietary content, or intellectual property of the Company for any purposes other than those directly related to their participation in the Program. Any unauthorized use or disclosure shall be considered a material breach of these Terms.

18. Intellectual Property
The Program contains proprietary content owned by the Company and protected by intellectual property laws. You may not copy, disclose, or modify this content.

19. Intellectual Property Ownership and Use
a. All intellectual property rights, including copyrights, trademarks, trade secrets, and other proprietary rights related to the Program, Services, and associated materials, are and shall remain the sole and exclusive property of the Company.
b. Users are granted a limited, non-exclusive, non-transferable license to access and use the Program materials solely for their personal and internal business use in connection with the Services provided by the Company. Users shall not use the materials for any commercial or unauthorized purposes.
c. Users shall not copy, modify, distribute, reproduce, or create derivative works based on the Program materials or any other intellectual property of the Company, except as expressly permitted in writing by the Company.

20. Prohibition of Unauthorized Sharing or Reselling
User expressly agrees not to share, resell, sublicense, or grant access to the Program or its materials to any third party, whether for commercial or non-commercial purposes, without the prior written consent of the Company. Any unauthorized sharing, reselling, or sub licensing of the Program materials may result in immediate termination of User's access to the Program.
a. Users acknowledge and agree that their access to the Program and Services is personal and non-transferable. Users shall not share, resell, sublicense, or otherwise provide access to the Program materials or Services to any third party without the prior written consent of the Company.
b. Users shall not engage in any activities that facilitate or enable the unauthorized sharing, distribution, or dissemination of the Company's intellectual property or confidential information.

21. Limited License to Program Materials
The Company grants User a limited, non-exclusive, non-transferable license to use the Program materials solely for personal and internal business purposes during the term of their participation in the Program. This license does not grant User the right to sublicense, share, resell, or otherwise distribute the Program materials to any third party.

22. Monitoring and Enforcement
a. The Company reserves the right to monitor User activity on the Site and within the Program to ensure compliance with these Terms and protect the Company's intellectual property rights.
b. In the event of any suspected or actual violation of these provisions, the Company may take appropriate enforcement actions, including but not limited to suspension or termination of User access to the Services and pursuit of legal remedies.

23. Representations and Warranties
Both parties represent and warrant their authority to enter into these Terms and perform their respective obligations.

24. Mutual Non Disparagement
Both parties agree not to engage in any conduct or communication, whether written, oral, or through any other medium, that disparages or defames the other party, its affiliates, directors, officers, employees, products, or services. This includes refraining from making negative statements, comments, or remarks that could harm the reputation or goodwill of the other party. The parties acknowledge that any breach of this provision may result in irreparable harm, and in addition to any other remedies available at law or in equity, the non-breaching party may seek injunctive relief to enforce this provision.

25. Limitation of Liability
The Company shall not be liable for any indirect, special, incidental, or consequential damages. Participation in the Program may involve inherent risks, and you agree to release the Company from any liability arising from such participation.

26. Effect of Headings
The subject headings in these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

27. Entire Agreement; Waiver
These Terms constitute the entire agreement between the parties pertaining to the subject matter contained and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

28. Amendment
We reserve the right to update or amend any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. Such amendments are effective immediately upon notice to User by our posting the new Terms and Conditions on the Site. Any use of the Site or Service by User after being notified means User accepts these amendments. It is User’s responsibility to check these Terms and Conditions periodically for changes.

29. Assignment
These Terms and Conditions shall be binding on, and shall inure to the benefit of, User and the Company and their respective heirs, legal representatives, successors, and assigns; provided, however, that User may not assign any of its rights under these Terms and Conditions, except to a wholly-owned subsidiary entity of User. No such assignment by User to its wholly-owned subsidiary shall relieve User of any of its obligations or duties under these Terms and Conditions.

30. Successors and Assigns
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

31. Notices
Unless otherwise indicated, all notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed to administrator@kbinteriors.co or as follows:

KB Interiors L.L.C.
3945 Forbes Avenue, #305
Pittsburgh, PA 15213

● To User at User’s email or billing address provided at the time of purchase.
● Any party may change its address for the purposes of this paragraph by giving the other parties written notice of the new address.

32. Governing Law; Venue; Mediation
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Georgia as applied to contracts that are executed and performed entirely in Georgia. The exclusive venue for any court proceeding based on or arising out of these Terms and Conditions shall be Fulton County, Georgia. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms and Conditions by negotiation, which may include going before a certified mediator if the parties are unable to first negotiate a settlement without such assistance. The parties further agree that their respective good faith participation in negotiation discussions is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

33. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

34. Waiver of Class Action
You and the Company agree that any arbitration or court proceedings will be conducted solely on an individual basis and not on a class, consolidated, or representative action basis. You and the Company waive any right to bring a class, consolidated, or representative action against each other, and also waive the right to participate in a class, consolidated, or representative action brought by another party.

35. Severability
If any term, provision, covenant, or condition of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

36. Force Majeure
The Company shall not be liable for any costs, loss, or damages due to delay or nonperformance under this Agreement arising out of causes beyond the Company’s control, which are the result of acts of God, governmental action, war, invasion, natural disaster, outbreak or pandemic, or widespread wireless communication, internet, or power failure. A party seeking relief under this provision shall deliver written notice of the relevant force majeure event, the party’s reasonable attempts to mitigate damages or the absence of such options, and the party’s subsequent intention to invoke this provision for relief.

37. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, directors, officers, employees, and agents from and against any and all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to your use of the Services, your violation of these Terms, or your violation of any rights of another party.

38. Data Protection and Privacy Policy:
a. The Company shall maintain a comprehensive Data Protection and Privacy Policy that outlines the collection, use, storage, and disclosure of personal information and data gathered from Users during their participation in the online training program. This policy shall be made readily available to Users and comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), where applicable.
b. Users' personal information and data collected during the online training program shall be treated with strict confidentiality and used solely for the purpose of providing the Services and improving the program's quality. The Company shall obtain explicit consent from Users for the processing of their personal data, as required by applicable data protection laws.
c. The Company shall implement appropriate technical and organizational measures to safeguard Users' personal data and prevent unauthorized access, disclosure, or misuse.

39. Age Limitation:
The online training program is not intended for individuals under the age of 18. Users must be at least 18 years old to participate in the program. If the program involves the collection of personal information from minors (individuals under 18 years old), the Company shall comply with the Children's Online Privacy Protection Act (COPPA) and obtain verifiable parental consent.

40. Accessibility Compliance:
The Company shall ensure that the online training program's digital content and materials are accessible to individuals with disabilities, in compliance with the Americans with Disabilities Act (ADA) and other relevant accessibility laws. Reasonable accommodations shall be provided upon request to facilitate the participation of Users with disabilities.

41. Electronic and SMS Communications
By using the Services, you consent to receive electronic and SMS communications from the Company. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

42. Third-Party Links
The Services may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company 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 the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.

43. Compliance with Laws
You agree to comply with all applicable laws and regulations regarding your use of the Services. You are solely responsible for ensuring that your use of the Services is in compliance with all applicable laws and regulations.

44. Survival
The provisions of these Terms that by their nature should survive termination, including but not limited to indemnification, ownership of intellectual property, and limitation of liability, shall survive any termination of these Terms.

45. Electronic Signature and Consent
By accessing or using the Company's Services, you agree that your electronic signature is legally binding and has the same force and effect as a physical signature. You also consent to receive electronic communications and notices from the Company, which may include updates, notifications, and other information concerning the Services.

46. Counterparts
These Terms may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

47. Contact Information
For any questions, concerns, or notices related to these Terms, you may contact the Company at administrator@kbinteriors.co or the address provided in the "Notices" section.