Last updated: September 4, 2023

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.elitecompetitor.com, www.kristinabreanne.com, www.mindfluentleadership.com, www.themindfluentleader.com, www.kristinasmedley.com, www.breannesmedley.com, www.theelitecompetitor.com, www.kristinabreanne.com,www.trainhergame.com, or other websites/surveys/etc (the “Service”) operated by The Mindfluent Leader LLC, also doing business as (DBA) Kristina + Breanne, Co (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service in any way.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an account, signing up for challenges, taking surveys, or participating in any other way that requires input of your email address and/or phone number on our service (website), you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Some purchases include Terms and Conditions in addition to these Terms and Conditions, and should be read and fully understood. In completing the purchase, you agree to be bound by these Terms as well as the purchase Terms. If you disagree with any part of the terms then you do not have permission to complete the Purchase.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Payment Plans

This section outlines the terms and conditions governing payment plans for the products or services (“Services”) offered by Kristina + Breanne, Co (“Company”) to its customers. By entering into a payment plan agreement with the Company, you agree to the following terms and conditions:

Payment Plan Acceptance:

Payment plans are available for select Products or Services at the discretion of the Company.

Customers will be required to make an initial payment to initiate a payment plan. The amount of this payment and subsequent installment payments will be specified in the payment plan offer that customer selects.

Payment Plan Schedule:

The payment plan schedule starts on the day the payment plan is entered into and lasts for the count of months selected by the Customer unpon initiating the payment plan. Equal installment amounts are due on the first day of the payment and each subsequent payment, occuring each 30 day period until the payment plan is paid in full. Customers are responsible for adhering to this schedule.

Any changes to the payment schedule must be requested in writing and approved by the Company. Additional fees or terms may apply to such changes.

Payment Plan Late Payments:

Payments not received by the due date are considered late.

Late payments may be subject to penalties, including but not limited to late fees and suspension of Services.

The Company reserves the right to report late or delinquent payments to credit bureaus or collection agencies.

Payment Plan Default:

Default occurs when a customer fails to make payments according to the agreed-upon payment schedule.

In case of default, the Company may terminate the payment plan, require immediate payment of the remaining balance, and pursue legal remedies as allowed by law.

Payment Plan Cancellation and Refunds:

In general, cancellations and refunds are not allowed, and are only applicable where specifically stated on the checkout page terms on the product or service purchased.

Payment Plan Modifications:

The Company reserves the right to modify payment plans, including terms, conditions, and pricing, with notice to customers.

Payment Plan Confidentiality:

All payment plan information, including payment amounts and schedules, is considered confidential and will not be shared with third parties except as required by law.

Membership Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or The Mindfluent Leader LLC, (DBA) Kristina + Breanne, Co cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting us directly.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide The Mindfluent Leader LLC, (DBA) Kristina + Breanne, Co with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorizeKristina + Breanne, Co / Mindfluent Leader LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, The Mindfluent Leader LLC, (DBA) Kristina + Breanne, Co will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Membership Fee Changes

The Mindfluent Leader LLC, (DBA) Kristina + Breanne, Co, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

The Mindfluent Leader LLC, (DBA) Kristina + Breanne, Co will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid purchases, payment plans, and subscription fees are non-refundable.

The Mindfluent Leader LLC, (DBA) Kristina + Breanne, Co does not offer refunds on the purchase of products and services, unless noted and provided to you in writing (electronic or otherwise) during the purchasing process for a specific product or service.

Individual programs / courses / and engagements may have their own specific guarantees and refund policies. Please ensure you read the full Terms & Conditions for any program you sign up for to ensure you are aware of the specific details prior to signing up. 

The Elite Mental Game Guarantee – Cancellations and Refunds

The Elite Mental Game product comes with a 7 day guarantee requiring the parent and daughter to enroll and complete the Bounce Back In A Snap challenge. If, within these first 7 days, the daughter does not have a mistake ritual routine and the parents has not learned how to support the athlete during setbacks, then cancellation and refund can be requested for a full refund.

Refunds are not allowed past the seven day mark as a large percentage of the program content is then made available for consumption. If an out of policy cancellation is granted outside the 7 day period, then the Company will keep $359 to be compensated for the content made available.

Customer access and consumption of content is not a factor when considering if a cancellation and refund are warranted. These decisions are made solely based on if the request is made within the first 7 day period or not.

Affiliate Agreements

If you purchase anything through 3rd party links on our website or in email communications that is not one of our products, you should assume that we have an affiliate relationship with the company providing the product or service that you purchase, and that we will be paid in some way. We recommend that you do your own independent research before purchasing anything. We will only ever endorse something we trust and wholeheartedly believe in because we’ve tried it ourselves. Your purchasing of the product is an action stating that you understand our affiliate agreement.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service, and other websites/forums utilized in products you may purchase or participate in with us, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service.

However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service, in communications, marketing materials, and more. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

The Mindfluent Leader LLC, (DBA) Kristina + Breanne, Co has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of The Mindfluent Leader LLC, (DBA) Kristina + Breanne, Co or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts 

When you create an account with us, you guarantee that you are above the age of 18 or the parent of the account holding minor, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Access to Membership Portal Content

The Company shall maintain a Membership Portal area that may Product areas for different Programs and Services purchased by the Customer; include lessons, forms, worksheets, checklists, and other information.

Some content has limited access, where the Customer is granted access for a set time period. This will be stated explictly on the enrollment and checkout page and within program communications.

Other content is granted for lifetime access, meaning the Customer shall have access to this content for as long as the Membership Portal Product exists. In the event that the Company intends to close the Product or Membership Portal, is shall provide customers with 90 days notice and the ability to download the resources contained in the specific Membership Portal Product.

Email Messaging

We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as allowed in the Privacy Policy section titled Disclosure of Your Information.

We will maintain the information you send via e-mail in accordance with applicable federal law.

In compliance with the CAN-SPAM Act, all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.

Our emails provide users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime.

Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.

Mobile Messaging

Description: We may send promotional and transactional mobile messages in various formats. Promotional messages advertise and promote our products and services and may include [promotions, specials, other marketing offers, and abandoned checkout reminders]. Transactional messages relate to an existing or ongoing transaction and may include [order notifications and updates, appointment reminders, and other transaction-related information]. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary but will not exceed 5 messages per day. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.

User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to receiving SMS/MMS messages from us and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at hello@elitecompetitor.com. Your participation is not required to make any purchase from us and your participation is completely voluntary.

User Opt-Out and Support: You may opt-out of receiving text messages at any time. If you wish to opt-out and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate our texting programs and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

Disclaimer of Warranty and Liability: Communication via text is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.

Modifications: We may modify or cancel our texting program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the texting program will constitute your acceptance of those modifications.​

No Therapeutic Relationship

Company is not a licensed mental health provider and remains subject to the state laws and licensing regulations of that state, including but not limited to child abuse reporting, elder abuse reporting, etc. However, this program does not constitute therapeutic services, and this program does not create a therapeutic relationship between us. The information provided through this program is not intended to be a substitute for professional advice from a licensed professional, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, therapist, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), or member of the clergy. Therefore, do not disregard or delay seeking professional medical, mental health or religious advice because of information you have read on our website, heard through our free content, or received from us within our Programs or 1:1 Coaching. Do not stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to hello@kristinabreanne.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of The Mindfluent Leader LLC, (DBA) Kristina + Breanne, Co and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The Mindfluent Leader LLC, (DBA) Kristina + Breanne, Co.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by The Mindfluent Leader LLC, (DBA) Kristina + Breanne, Co.

The Mindfluent Leader LLC, (DBA) Kristina + Breanne, Co has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services.

We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that The Mindfluent Leader LLC, (DBA) Kristina + Breanne, Co 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

You may simply discontinue using the Service at any time, unless previous agreements are mutually in place that bind to an agreed upon duration.

All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless The Mindfluent Leader LLC, (DBA) Kristina + Breanne, Co and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall The Mindfluent Leader LLC, (DBA)Kristina + Breanne, Co, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The Mindfluent Leader LLC, (DBA) Kristina + Breanne, Co, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law & Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior overarching agreements we might have had between us regarding the Service.

In the event of a dispute between the Parties regarding this Agreement, any such disputes, controversies and claims arising out of or relating to this Agreement shall be settled and determined through individual, non-class arbitration. The rules governing this arbitration shall be according the American Arbitration Association (AAA) and all proceedings will be conducted in King County, Washington. The decisions of the arbitration shall be final and each party agrees to be bound by the arbitration board.

This Agreement shall be construed and interpreted according to the laws of the State of Washington in the United States of America and shall be binding upon the parties hereto, their heirs, successors, assignees, and personal representatives; and references to the Affiliate shall include their heirs, successors, assignees, and personal representatives.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

The Mindfluent Leader, LLC
DBA Kristina + Breanne, Co
300 Lenora Street #6086
Seattle, WA 98121

hello@elitecompetitor.com