Terms of Service
Effective Date: September 1, 2024
Last Updated: January 29, 2025
1. General Provisions and Conditions
1.1 Agreement. By using this website and/or subscribing to the Services (as defined below), you (the “User” or “Customer”) agree to be bound by these terms and conditions (the “Terms”), as well as the privacy policy publicly available on this site.
1.2 Services. Katie Stephens Consulting, LLC (the “Provider”) provides consulting services relating to business management, marketing, and credentialing of nursing organizations and nursing programs on a subscription basis, providing a set number of consulting hours per month (the “Services”).
1.3 Modification of Terms. Provider reserves the right to modify these Terms at any time. These Terms will remain current, as amended from time to time, on the publicly available URL displaying the Terms. All modifications to these Terms will be effective within fourteen (14) days of publication. Provider will notify subscribers of said changes prior to publication.
1.4 Use of This Website. Users must be at least eighteen (18) years of age to use this website. By using this website, the User represents that they are of such age.
2. Subscriptions and Billing
2.1 Subscriptions. The Services are available only through a paid subscription, providing a set number of consulting sessions per month. Each session is 60 minutes in length and must be scheduled through the designated online portal. Customers agree to automatic payments using the payment method provided at the time of purchase.
2.2 Session Scheduling and Usage. Customers can schedule sessions at their convenience through the online portal, subject to consultant availability. Sessions must be scheduled at least 24 hours in advance. Cancellations or rescheduling requests must be made at least 24 hours before the session start time; otherwise, the session will be forfeited.
2.3 Consultant Availability. Sessions are subject to consultant availability. Provider will make every effort to accommodate scheduling requests but cannot guarantee specific times or dates. If a session is canceled by the Provider (e.g., due to unforeseen circumstances), it will be rescheduled or credited within the same subscription period.
2.4 Billing Cycle. Subscription fees are billed monthly on the first day of each month, on a recurring basis.
2.5 Non-refundable. All subscription payments are non-refundable, regardless of whether all hours or sessions are used within the subscription period.
2.6 No Rollovers. Unused hours and sessions do not carry over to subsequent subscription periods and will be forfeited if not used within the applicable subscription period.
2.7 Failed Payments. Failed payments must be resolved within five (5) calendar days to maintain access to scheduled sessions.
2.8 Renewal. All subscriptions renew automatically upon expiration of the stated term (weekly, monthly etc.), unless a User cancels the subscription in accordance with Section 2.9.
2.9 Cancellation. To cancel a subscription, Customers must submit a cancellation request in writing through the online portal or directly with an employee of Provider. Cancellation requests must be submitted at least seven (7) days before the next billing cycle, or the subscription will be renewed for one additional period before the cancellation is effective.
2.10 Changing Subscriptions. Customers may upgrade or downgrade their subscription plan at the start of their next billing cycle by providing written notice at least seven (7) days before the next billing date.
2.11 Modifying Subscription Terms. Provider may modify subscription terms from time to time, including price and payment terms. Users will be notified by email of all modifications to subscription terms. Modifications will be effective upon the renewal of subscriptions, not the term during which modifications are made. Users may reject the modifications, resulting in cancellation of the User’s subscription at the end of the current term without the automatic renewal provided in Section 2.8.
3. Prohibited Use of Website and Services
3.1 The following activities are prohibited (the “Prohibited Activities”):
(a) Using the website or Services directly or indirectly for any unlawful purpose or in violation of any applicable use policy made available to Customer by Provider;
(b) Using the website or Services to transmit, communicate, or store any information, data, or material in violation of any law, rule, or regulation; and
(c) Tampering with, making any unauthorized connection to, or modifying any part of the website for any purpose.
3.2 Customer agrees not to engage in the Prohibited Activities or help anyone else to do so. Customer acknowledges that it is accepting this Agreement on behalf of all persons who use or access the website or Services at its location(s) or under its account. Customer is solely responsible for ensuring that all users of the website or Services understand and comply with this Agreement. Customer is liable for all authorized and unauthorized use of the website or Services under its account. Without limiting any other remedies available to Provider, if Customer violates this Agreement, or fails to notify Provider of unauthorized use in a timely manner, Provider may terminate the Services and access to the website and recover damages.
4. Termination
Provider reserves the right to immediately terminate User’s use of, or access to, the website or the Services at any time if Provider decides at its sole discretion that User has breached these Terms or has engaged in conduct that the Provider considers to be inappropriate or unacceptable.
5. Customer Representations and Warranties
5.1 Customer represents and warrants to Provider that (i) it has the requisite power and authority to enter into the Agreement and to carry out the obligations contemplated by this Agreement; (ii) the execution, delivery and performance of the Agreement have been duly authorized by the requisite action of the Customer and (iii) this Agreement constitutes a valid and binding obligation of the Customer, enforceable against it in accordance with its terms. Customer further represents and warrants that it has provided Provider with information that is accurate, complete, and current. Customer agrees to promptly update its contact information to keep it accurate and complete. Customer is responsible for maintaining the accuracy of its information even after termination of this Agreement, until all amounts due have been paid to Provider. Customer represents and warrants that it will comply with all applicable laws, rules, and regulations. This Section shall survive the termination of this Agreement.
6. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PROVIDER NOR ANY OF ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR BUSINESS PARTNERS (OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES) (COLLECTIVELY, THE “KSC PARTIES”) WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR FREE OF DELAY, OR THAT SERVICES WILL BE SATISFACTORY TO THE CUSTOMER. EXCEPT AS OTHERWISE PROVIDED IN A SUBSEQUENT WRITTEN AGREEMENT (IF ANY), PROVIDER MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO PERFOMANCE, RELIABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED AND EXCLUDED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
7. Limitation of Liability
7.1 IN THE EVENT PROVIDER IS IN BREACH THIS AGREEMENT, CUSTOMER SHALL BE ENTITLED ONLY TO ACTUAL, DIRECT DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSSES SUFFERED AS A RESULT OF THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREMEENT, ARISING UNDER ANY THEORY OF RECOVERY, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF COMMERCIAL OPPORTUNITY, OR OTHER SIMILAR ITEMS OF LOSS OR DAMAGE, EVEN IF ANY SUCH LOSS IS FORESEEABLE.
7.2 IF, NOTHWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, PROVIDER OR ANY OF THE KSC PARTIES ARE FOUND TO BE LIABLE FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH CUSTOMER’S USE OF THE SERVICES, PROVIDER’S TOTAL LIABLITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE WILL NOT EXCEED THE AGGREGATE OF ALL AMOUNTS AND OTHER CHARGES ACTUALLY PAID BY CUSTOMER TO PROVIDER FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7.3 THE LIMITATIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
8. Indemnification. Customer agrees to defend, indemnify, and hold Provider and each of the KSC Parties harmless from and against any damages, losses, or expenses, including, without limitation, reasonable attorneys’ fees and costs, incurred in connection with any claims, suits, judgments, and causes of action arising out of (a) Customer’s use of the website or Services in breach of this Agreement or (b) Customer’s actual or alleged violation of applicable law. Customer’s indemnification obligations shall survive termination of this Agreement.
8. Indemnification
Customer agrees to defend, indemnify, and hold Provider and each of the KSC Parties harmless from and against any damages, losses, or expenses, including, without limitation, reasonable attorneys’ fees and costs, incurred in connection with any claims, suits, judgments, and causes of action arising out of (a) Customer’s use of the website or Services in breach of this Agreement or (b) Customer’s actual or alleged violation of applicable law. Customer’s indemnification obligations shall survive termination of this Agreement.
9. Intellectual Property Rights
9.1 This website and all Services provided by Provider are owned by Provider and protected by trademark, copyright, or other intellectual property laws and international treaty provisions. Customer may use the website and Services strictly in accordance with this Agreement. All of Provider and its affiliates’ websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively, the “Marks”) are and will remain the exclusive property of Provider and its affiliates. Nothing in this Agreement or any subsequent agreement grants Customer the right or license to use any of the Marks.
10. Dispute Resolution
10.1 General. Except for actions to collect Customer’s unpaid fees owed, and any injunctive or other equitable relief available to Provider to protect or enforce its intellectual property rights, or claims which could be brought by either party in a small claims court, all other disputes, controversies, or claims arising out of or relating to this Agreement or an alleged breach, termination, or invalidity hereof (each, a “Dispute”), shall be resolved in accordance with the Multi-tiered Dispute Resolution Procedure (the “Procedure”) defined herein. The Procedure shall be the exclusive mechanism for resolving any such Dispute that may arise from time to time between the parties. Completion of the Procedure is an express condition precedent to any confidential and binding arbitration of the parties’ Dispute.
10.2 Negotiation. A party shall send written notice to the other party of any Dispute ("Dispute Notice"). The parties shall first attempt in good faith to resolve any Dispute stated in the Dispute Notice by negotiation and consultation between themselves. In the event that such a Dispute is not resolved within fourteen (14) days after one party delivers the Dispute Notice to the other party, either party may, by written notice to the other party, initiate mediation.
10.3 Private Mediation. Subject to the completion of the negotiation above, the parties may, at any time thereafter, submit their Dispute to any mutually agreed upon mediator or mediation service for mediation by providing to the mediation service a joint, written request for mediation, setting forth the subject of the dispute and the relief requested. The parties shall cooperate with one another in selecting a mediation service and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. The parties agree that the mediator’s fees and expenses and the costs incidental to the mediation will be shared equally between the parties. The parties further agree that all offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator and any employees of the mediation service, are confidential.
10.4 Binding Arbitration as a Last Resort. If the parties cannot resolve a Dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or accept any settlement proposed by a mediator, within thirty (30) days after their Dispute is escalated to mediation, then either party may submit a demand for arbitration with the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules available at https://adr.org/rules. Arbitration proceedings shall be held in Kansas City, Missouri. The parties agree that the result of such arbitration shall be confidential, final and binding upon the parties, and that the parties shall have no right to appeal the result of the arbitration. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. The arbitrator, not any court, shall have exclusive authority to resolve any dispute relating to the enforceability or formation of this Agreement and the arbitrability of any dispute between the parties.
10.5 Costs. The parties shall share the cost of the dispute resolution process equally; provided, however, attorneys and witnesses or specialists are the direct responsibility of each party, and their fees and expenses shall be the responsibility of the individual party by whom they are engaged.
11. Miscellaneous
11.1 Integration; Amendment. These Terms, along with any terms and conditions contained in a User’s subscription, constitute the final, complete, and exclusive expression of their agreement with Provider regarding the Services. No modification of these Terms or the terms of a subscription will be effective unless made in writing and signed by User and Provider.
11.2 Waiver. Compliance with the provisions of these Terms may be waived only by a written instrument specifically referring to these Terms and signed by an executive officer of Provider. The failure by Provider to enforce any provision of these Terms shall not be construed in any way as a waiver of any such provision, or any other part of these Terms, and shall not prevent Provider thereafter from enforcing each and every other provision of these Terms. No course of dealing, nor any failure or delay in exercising any right, shall be construed as a waiver, and no single or partial exercise of a right shall preclude any other or further exercise of that or any other right.
11.3 Binding Effect; Assignment. These Terms shall bind and inure to the benefit of Provider and User and their successors and assigns; provided, however, that User shall not assign or transfer any rights or duties under these Terms, in whole or in part, except with the prior written consent of an executive officer of Provider.
11.4 Governing Law; Venue; Jurisdiction. The laws of the state of Missouri shall govern these Terms, the construction of its provisions, and the interpretation of all rights and duties of User and Provider. User agrees that venue of any legal action shall lie only in Jackson County, Missouri, which shall be the exclusive venue for any action between them. User and Provider agree that they are amenable to suit in Missouri, and therefore, subject themselves to the exclusive jurisdiction of the state and federal courts in Missouri by being a party to these Terms and bound by their provisions.
11.5 Force Majeure. Provider shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Provider’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, disease or pandemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce).
11.6 Notices. Notices under this Agreement must be in writing, delivered (if to Customer) to Customer’s address indicated in the online portal or (if to Provider) to Provider’s registered agent as maintained with the Missouri Secretary of State, provided that a party may change the contact or address by written notice to the other party. All notices under this Agreement will be in writing and sent by (a) email; (b) overnight courier; or (c) first class mail, certified or registered, return receipt requested.