Terms + Conditions.

Last Updated: June 17, 2025

Acceptance of Terms: These Terms and Conditions (“Terms”) govern your use of the Kate Berce Coaching website (the “Site”), as well as any services, online courses, coaching sessions, digital products, email newsletters, or content provided by Kate Berce Coaching (“we,” “us,” or “our”). By accessing our Site or purchasing/using our services and products, you (“Client” or “user”) agree to be bound by these Terms and Conditions. If you do not agree, you must not use this Site or our services. We require that all clients and customers indicate acceptance (for example, by checking an acknowledgment box at checkout or signing an agreement) before engaging in any paid services. For instance, during an online purchase you will be asked to check a box stating: “I have read and agree to the Terms and Conditions, Privacy Policy, and Disclaimer of Kate Berce Coaching, and I understand that the coach is not a licensed medical provider.” This step ensures you are aware of your responsibilities and our policies before completing your order. These Terms are posted in the website footer for your reference at any time.

1. Educational Purpose – No Medical Advice

All content on our Site and provided through our coaching or products is intended for educational and informational purposes only. The information we offer is not a substitute for professional medical advice, diagnosis, or treatment. While we discuss nutrition, lifestyle, and health topics, we do not provide medical or mental health instruction. You acknowledge that Kate Berce is not a licensed medical professional or mental health provider and that you will consult your physician or appropriate professional for any medical needs. Using our Site or services does not establish a doctor-patient relationship. Reliance on any information from Kate Berce Coaching is at your own risk. (Please refer to our Website Disclaimer for a detailed explanation of these limits, which is incorporated into these Terms by reference.) If you have a medical condition or emergency, seek medical attention – do not rely on this Site. We make no guarantee that the educational content will improve your health; any actions you undertake are solely your choice and responsibility.

2. Client Account and Eligibility

In order to purchase coaching packages or digital products, you may need to provide certain personal information (full name, email, payment details, etc.) and create an account or complete a checkout form. You agree to provide accurate and complete information and to keep it updated. You must be 18 years of age or older to use our services or Site. We do not knowingly market to or collect personal information from minors. By using our Site or purchasing our services, you affirm that you are at least 18 years old and legally capable of entering into these Terms. Parents or guardians may not agree to these Terms on behalf of minors – our coaching is exclusively for adult women in their reproductive/cycling years.

3. Payment, Refunds, and Online Purchases

Pricing: All prices for coaching programs or digital products are listed in U.S. dollars. Prices are subject to change, but any such changes will not affect purchases already completed. Payment: Payments are processed via our website’s secure payment gateway. By providing a payment method (such as a credit card), you represent that you are authorized to use that method and you authorize us (and our third-party payment processor) to charge the full amount of the purchase (including any taxes or fees) to that payment method.

No Refund Policy: Unless otherwise specified in a particular service agreement, all sales are final. Due to the digital and personalized nature of our offerings, we generally do not offer refunds on coaching sessions or downloadable educational products once delivered. For coaching programs: if you decide to discontinue coaching after it has begun, unused sessions may be forfeited and not refunded. However, we want you to be satisfied with your experience; if you have extenuating circumstances, please contact us to discuss possible solutions (any refund or credit in such cases is at our sole discretion). For digital products (like eBooks or courses), once access is granted or files are downloaded, no refunds or cancellations are available. We clearly describe our products and services on the Site to help you make informed decisions before purchasing.

Cancellation of Subscription Services: (If applicable) If we offer any subscription or recurring payment services, you may cancel future renewals by providing notice before the next billing date, in accordance with any instructions provided at sign-up. No refunds will be given for partial periods of service after a charge has been processed.

4. Intellectual Property Rights

Ownership of Content: All content on this Site and provided through our services – including text, graphics, logos, images, videos, designs, downloads, and overall arrangement – is the property of Kate Berce Coaching (or our content suppliers) and is protected by copyright, trademark, and other intellectual property laws. Kate Berce Coaching retains all rights, title, and interest in this content. This means you may not copy, reproduce, republish, upload, post, transmit, distribute, or modify any content from our Site or materials without our prior written consent. We grant you a limited, personal, non-transferable license to access and use our content for your own personal, non-commercial use only. Any breach of our intellectual property rights (such as unauthorized sharing of our e-book or course materials) may result in termination of your access and legal action.

Trademarks: The business name “Kate Berce Coaching”, slogans, and any logos or taglines displayed on the Site are our trademarks/service marks. You do not have any right or license to use them. All other product or company names mentioned may be trademarks of their respective owners.

User-Provided Content: If there are areas on our Site where users can post comments, reviews, or other content, you agree not to upload or post anything that infringes on someone else’s intellectual property or other rights. By posting any content on our Site or social media (for example, a testimonial or comment), you grant Kate Berce Coaching a royalty-free, perpetual license to use, display, or reproduce that content in connection with our business (for example, using a testimonial in marketing), consistent with our Privacy Policy. We will of course maintain your privacy and obtain additional permission if needed for sensitive information. We reserve the right to remove any user content that violates these Terms or that we deem unlawful, abusive, defamatory, or offensive.

5. Acceptable Use Policy and Conduct

You agree to use our Site and services for lawful purposes only. You must not:

Violate any applicable laws or regulations while using our Site (including intellectual property and privacy laws).
Attempt to gain unauthorized access to our Site, accounts, or computer systems or networks connected to our Site (for example, by hacking or password mining).
Engage in any activity that could disable, overburden, or impair the functioning or security of our Site (such as introducing viruses or malicious code).
Harass, abuse, or harm our staff, coach (Kate Berce), or other clients (for example, in group forums or communication channels).
Post or transmit any content that is unlawful, hateful, defamatory, obscene, or could be considered spam.
Misrepresent your identity or pretend to be someone else when interacting with us.

We reserve the right to terminate or restrict your access to our Site and services if you violate these rules or any other provision of these Terms. You understand that any violation may also be referred to law enforcement authorities if appropriate.

6. Disclaimer of Warranties

No Guarantees of Outcomes: Kate Berce Coaching provides wellness coaching, guidance, and educational content aimed at helping you make positive health changes. However, we cannot guarantee any specific results from the use of our Site or services. You acknowledge that outcomes differ for each individual, and any testimonials or examples on our Site are not promises of what will happen in your situation. All content and services are provided “as is” and “as available” without warranty of any kind. To the fullest extent permitted by law, we disclaim any warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We make no warranty that the Site will be available uninterrupted or error-free, or that any particular results can be achieved.

Educational Purpose Only: We further disclaim any liability for how you use our information. You agree that you are using your own judgment and assume all risks in applying our recommendations. Any decisions you make regarding your health and life are made of your own free will and accord. No information obtained by you from us (through any medium) shall create any warranty that is not expressly stated in these Terms.

7. Limitation of Liability

Release of Liability: By using this Site or purchasing our services, you agree that Kate Berce, and any employees or agents (if applicable), shall not be liable for any damages arising out of or in connection with your use of the Site or services. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages, loss of data, income or profit, loss of or damage to property, and claims of third parties. In particular, we are not liable for any injury, illness, or issues that may result from implementing suggestions from our coaching. You fully and irrevocably release us from any claim of harm, including if you experience adverse effects (for example, a change in diet leading to discomfort) or if your expectations are not met.

Cap on Liability: If, despite the above release, liability is found against Kate Berce Coaching for any reason, our total liability to you (for all claims in aggregate) shall not exceed the total amount you paid us for services or products in the past six months or $100, whichever is greater. Some states do not allow the exclusion or limitation of certain damages, so the above may not apply to you fully; in such states, our liability is limited to the maximum extent permitted by law.

Third-Party Liability: We are also not responsible for any actions or omissions of third-party service providers we use (such as our website host, payment processor, email service, etc.), nor for any third-party content or websites that might be linked from our Site. (See Section 9 regarding third-party links.)

8. Indemnification

You agree to indemnify, defend, and hold harmless Kate Berce Coaching (and any officers, employees, or agents) from and against any and all claims, damages, liabilities, costs, or expenses (including attorneys’ fees) arising out of your use of the Site or services or your breach of these Terms. In plain language, if you do something that causes us harm or violate the rules set forth here, and that leads to a legal or financial claim against us, you will be responsible for the costs.

9. External Links and Third-Party Services

Our Site may contain links to third-party websites or may integrate third-party services for functionality (for example, scheduling calendars, payment gateways, or social media sharing). These are provided for your convenience. We have no control over third-party sites or services and do not endorse or assume responsibility for any third-party content or practices. If you click a link to an external site (such as an article or a recommended product) or use a third-party service through our Site, you do so at your own risk. We encourage you to review the terms and privacy policies of any third-party sites you visit. Notably, our website is built on the Squarespace platform, and purchases may be processed through their e-commerce system. We also use Google services (like Calendar for scheduling, Forms for questionnaires) and communicate via standard channels (email, phone, iMessage). Any data handled by third-party providers is subject to their terms and privacy policies (see our Privacy Policy for more details and links). Kate Berce Coaching is not liable for how those third parties handle your data or for any outage or breach on their part.

10. Coaching Services – Expectations and Conduct

If you enroll in one-on-one coaching services, both coach and client have certain responsibilities to ensure a productive relationship:

Scope of Services: Coaching sessions are a collaborative effort focused on educational guidance, goal-setting, accountability, and support in the realms of ancestral health and spiritual wellness. The coach will listen to your concerns, provide insights and information, and help you strategize actions toward your health goals. However, the coach will not provide medical, nutritional, or psychological counseling beyond a coaching scope, and will always refer you to licensed professionals when appropriate. The exact scope and package (number of sessions, duration, etc.) will be agreed upon separately (e.g., in a Client Services Agreement or program description).
Client Participation: You, the client, are expected to be an active participant – attending sessions on time, being honest about your situation, and making a good-faith effort to implement agreed-upon action steps. You acknowledge that your progress depends primarily on your own commitment and follow-through. The coach cannot do the work for you; she is a guide and facilitator.
Communication: Coaching sessions may be conducted via video call, phone, or in person (if arranged). Between sessions, communication may occur via email or messaging for brief check-ins or clarifications if included in your package. The coach strives to respond within a reasonable time frame (e.g., 1-2 business days) but please respect boundaries – extensive support between sessions may require an upgraded service plan. Any rude, abusive, or inappropriate behavior will not be tolerated and is grounds for terminating the coaching relationship without refund.
Scheduling and Rescheduling: Both coach and client agree to start and end sessions on time. If you need to reschedule, you must provide at least 24 hours’ notice prior to your appointment. We will do our best to accommodate a reschedule within our availability. Rescheduling with short notice (less than 24 hours) or no-shows may result in the session being forfeited (counted as completed) without refund. We understand emergencies happen – in true emergencies or illness, please inform the coach as soon as possible, and we may make an exception or reschedule at our discretion. Consistent cancellations or missed sessions might result in the remaining package being terminated without refund.
Cancellation by Coach: In the unlikely event Kate Berce needs to reschedule or cancel a session (due to her emergency or conflict), she will notify you as soon as possible and offer a makeup session at a convenient time. If for any reason the coach must discontinue the coaching engagement (e.g., due to extended illness or other commitments), you will be offered a pro-rata refund for any sessions not yet delivered or the option to postpone until services resume.

11. Digital Products – License and Use

From time to time, we may offer digital products such as eBooks, PDF guides, videos, or courses for purchase or download. When you purchase a digital product from us, you are granted a personal, non-exclusive, non-transferable license to access and use that product for your own educational purposes. You may not share, distribute, reproduce, or resell any digital product, or any portion thereof, to anyone else. This includes not uploading our materials to file-sharing websites or sharing them with friends; each person must purchase their own access. We employ measures (like download limits or watermarks) to discourage unauthorized distribution. If we discover misuse of our intellectual property in digital products, we reserve the right to terminate your access without refund and pursue legal remedies.

Additionally, all digital products are protected by copyright. Removing, altering, or obscuring any copyright notices in the product is prohibited. If the product includes interactive features (like a course platform login), you must keep your login credentials confidential and not let others use your account.

12. Privacy and Data Usage

Your privacy is extremely important to us. Our Privacy Policy (see below or on our Site) explains what information we collect and how we handle your data. By using our Site or services, you consent to the collection and use of information as outlined in our Privacy Policy. In summary, we collect minimal personal data (like contact and intake information) needed to serve you and we do not sell your personal information to third parties. We utilize reputable third-party tools (Squarespace, Google, etc.) to deliver our services, and their privacy terms also apply. We implement security measures to protect your data. We also comply with relevant privacy laws such as the California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR) to the extent they apply, and even if not strictly required, we strive to uphold their principles of transparency and user control. Please review the Privacy Policy for full details.

13. Modification of Terms

Kate Berce Coaching reserves the right to modify or update these Terms and Conditions at any time. If we make material changes, we will post the updated Terms on this Site with a new “Last Updated” date and, if you are a current client, we may notify you via email or account message. It is your responsibility to review these Terms periodically for changes. Continued use of the Site or services after modifications constitutes acceptance of the updated Terms. If you do not agree to the changes, you must cease using the Site and services.

14. Governing Law and Dispute Resolution

These Terms and Conditions, and any dispute arising out of your use of the Site or our services, shall be governed by and construed in accordance with the laws of the State of Colorado, United States (since Kate Berce Coaching is primarily based in Colorado), without regard to its conflict of law principles. However, we strive to serve clients in both Colorado and California in compliance with both states’ laws (for example, adhering to California’s SB577 disclosure requirements for unlicensed practitioners as noted in our Disclaimer).

Dispute Resolution: In the event of any dispute, claim, or controversy between you and Kate Berce Coaching, both parties agree to first try in good faith to settle the matter informally. You agree to contact us with your complaint or issue, and we will attempt to resolve it via discussion. If we cannot resolve the dispute informally, then, given the nature of our small business, either party may seek resolution in a state court located in Colorado (unless an alternative forum is required by law). Both parties consent to the personal jurisdiction of such Colorado courts. We also reserve the right to agree to alternative dispute resolution methods such as mediation or arbitration if both parties consent, but such is not mandated by these Terms at this time.

Any legal claim must be brought within one (1) year of the event or facts giving rise to the claim, or it will be waived (to the fullest extent permitted by law).

15. Entire Agreement and Severability

These Terms, together with our Privacy Policy, Website Disclaimer, and any explicit written contract you sign with us (such as a Client Services Agreement for one-on-one coaching), constitute the entire agreement between you and Kate Berce Coaching relating to the use of the Site and our services. They supersede any prior agreements, understandings, or communications (whether oral or written) between us.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remainder of the Terms shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at: kateberce.coaching@gmail.com or via the Contact page on our website. We value our clients and users and will do our best to address your inquiry promptly.

By using the Site or purchasing our services, you acknowledge that you have read, understood, and agree to all the above Terms and Conditions. Thank you for choosing Kate Berce Coaching and for honoring these terms that allow us to serve you effectively and safely.