Terms of Service

Last Updated: May 23, 2025

These Terms of Service ("Terms") govern your use of services provided by Refusing to Settle, LLC and Clark Kegley ("Company," "we," "us," or "our") through www.clarkkegley.com and related platforms ("Services"). By accessing or using our Services, you agree to these Terms.


1. Acceptance and Eligibility

You must be at least 18 years old and legally capable of entering binding contracts to use our Services. By using our Services, you represent that you meet these requirements and agree to be bound by these Terms.


2. Services Description

We provide personal development coaching, online courses, digital programs, and related educational content. All Services are for personal, non-commercial use unless explicitly authorized in writing.


3. Account and Payment Terms

Account Registration: You must provide accurate information and maintain account security. You're responsible for all activity under your account.

Subscription Services: Recurring subscriptions automatically renew until cancelled. You must cancel at least 10 days before your next billing cycle to avoid charges for the following period.

Payment: All fees are due when incurred. We may update pricing with 30 days' notice. Failed payments may result in immediate service suspension.

Refunds: Due to the digital nature of our programs, all sales are final. We do not offer refunds unless required by law or otherwise stated in writing for a specific product or service.


4. Acceptable Use

You may not:
- Violate any laws or regulations
- Infringe intellectual property rights
- Share, distribute, or resell our content without permission
- Use automated systems to access our Services
- Engage in harassment, spam, or disruptive behavior
- Upload malicious code or attempt to breach security


5. Intellectual Property

All content, materials, and Services are owned by Company and protected by copyright, trademark, and other intellectual property laws. You receive a limited, non-exclusive, non-transferable license to access and use Services for personal use only.

You retain ownership of content you submit but grant us a royalty-free, worldwide license to use, modify, and display such content in connection with our Services.


6. Marketing Communications

By using our Services, you consent to receive marketing communications via email, SMS, and phone. You may opt out at any time by following unsubscribe instructions or contacting support@refusingtosettle.com.

SMS Terms: Message and data rates apply. Reply STOP to opt out, HELP for assistance. Message frequency varies.


7. Privacy and Data

Your privacy is governed by our Privacy Policy, incorporated by reference. We collect, use, and protect your information as described therein.


8. Disclaimers and Limitations

No Guarantees: Our Services are educational and motivational in nature. We make no guarantees about specific outcomes or results. Your success depends on factors beyond our control, including your effort, commitment, and circumstances.

Service Availability: Services are provided "as is" and "as available." We don't warrant uninterrupted or error-free operation.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION.


9. Indemnification

You agree to defend, indemnify, and hold us harmless from claims arising from your use of our Services, violation of these Terms, or infringement of third-party rights.


10. Dispute Resolution

Governing Law: These Terms are governed by Arizona law without regard to conflict of law principles.

Mandatory Arbitration: Any dispute arising from or related to these Terms or our Services must be resolved through binding arbitration administered by the American Arbitration Association in Arizona. You waive the right to jury trial and class action participation.

Exceptions: We may seek injunctive relief in court for intellectual property infringement or breach of confidentiality obligations.

Time Limit: All claims must be brought within one year of when the claim arose.


11. Termination

We may terminate or suspend your access immediately for violation of these Terms or for any reason with notice. Upon termination, you remain liable for outstanding payments and must cease using our Services.

Sections 5, 8, 9, 10, and 12 survive termination.


12. General Provisions

Modifications: We may update these Terms by posting changes on our website. Continued use constitutes acceptance of modified Terms.

Severability: If any provision is unenforceable, the remaining Terms remain in effect.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the complete agreement between us.

Assignment: We may assign these Terms without notice. You may not assign your rights without our written consent.

Force Majeure: We're not liable for delays or failures due to circumstances beyond our reasonable control.


13. Contact Information

Refusing to Settle, LLC
1910 Thomes Ave  
Cheyenne, WY 82001  

Email: support@refusingtosettle.com

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© 2025 Refusing to Settle, LLC. All rights reserved.