These Terms of Service ("Terms") govern your use of kellybroganmd.com, our landing and checkout pages on kellybroganmd.com subdomains, our member portal, and the programs, courses, coaching, events, podcasts and content we offer (together, the "Services"). The Services are owned by RWS Trust and offered under the name Kelly Brogan MD ("KBMD," "we," "us").
By using the Services or buying anything from us, you agree to these Terms, our Privacy Policy and our Refund Policy. Some programs have their own client agreement or terms; if they conflict with these Terms, the program's terms control for that program. The Beauty Backroom app also has its own Terms.
Please read Section 15. It requires most disputes to be resolved by individual arbitration and waives class actions.
You must be at least 18 to buy from us or create an account. You agree to give accurate information and keep it up to date.
Our Services are for education and personal growth.
Statements about products have not been evaluated by the US Food and Drug Administration. Products we discuss are not intended to diagnose, treat, cure or prevent any disease.
Financial content, including life insurance, infinite banking and other wealth-building tools we may promote through affiliates, is educational only. We are not licensed financial, insurance, tax or legal advisers.
Testimonials and results we share reflect individual experiences. They are not typical and are not a promise of what you will achieve. Your results depend on many things, including your own effort and circumstances.
You are responsible for keeping your login details private and for activity on your account. Your access is for you alone; don't share it. Tell us right away at support@kellybroganmd.com if you think your account has been used without permission.
You are responsible for what you post, comment, upload or send us ("Your Content"). You keep ownership of it. You give us a worldwide, royalty-free, non-exclusive licence to host, use, reproduce, adapt and display it to run and promote the Services. We will ask before using your name, image or story in a public testimonial.
When you use our communities, comments or chats, you agree not to:
We may remove content or suspend accounts at our discretion. We don't have to monitor content and are not responsible for what others post.
Some Services include features powered by artificial intelligence, such as the assistant in the Beauty Backroom app. AI answers can be wrong or incomplete. They are general education, not personal advice. Check important information with your coach or a qualified professional.
The Services and their content, including text, videos, audio, courses, downloads, designs and trademarks, belong to us or our licensors. We give you a personal, non-transferable, revocable licence to use content you have access to for your own non-commercial use. You may not copy, record, resell, share, upload elsewhere or create courses or products from our content without our written permission. You may print or download single copies for personal use if you keep our copyright notice.
You may link to our public pages as long as you don't imply we endorse you. Framing or embedding our content on another site needs our written permission.
We sometimes recommend products, services and practitioners, including through affiliate links, podcast sponsorships and our coach directory. We may earn a commission or other compensation, which we disclose in line with FTC guidelines. Third parties are responsible for their own products, services and terms. Your dealings with them are between you and them, and we are not responsible for them.
If you believe content on the Services infringes your copyright, send a notice that meets the requirements of the Digital Millennium Copyright Act to our designated agent at support@kellybroganmd.com or RWS Trust, 3692 Grand Ave #185, Miami, FL 33133. We will respond as the law requires and may terminate repeat infringers' access.
The Services are provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We don't promise the Services will be uninterrupted, error-free or produce any particular result.
To the fullest extent the law allows, RWS Trust, KBMD and their trustees, owners, coaches, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits or data, arising from the Services or any product or service we discuss. Our total liability for any claim is limited to the amount you paid us in the 12 months before the claim, or US $100 if you paid nothing. Some states don't allow these limits, so they apply only as far as your state allows.
You agree to defend and hold harmless RWS Trust, KBMD and the people listed in Section 13 from claims and costs arising from Your Content, your misuse of the Services or your breach of these Terms.
Informal resolution first. Before filing a claim, contact us at support@kellybroganmd.com and give us 30 days to try to resolve it. If we can't, either of us may ask for non-binding mediation through U.S. Arbitration & Mediation (USA&M). Mediation will last no more than 30 days unless we both agree otherwise, and we will share its cost equally.
Arbitration. Any dispute that mediation doesn't resolve will be decided by binding individual arbitration in Miami, Florida, under the Federal Arbitration Act and the Consumer Arbitration Rules of the American Arbitration Association. Either party may instead bring an individual claim in small-claims court.
Class-action waiver. Claims may be brought only individually, not as a plaintiff or class member in any class, consolidated or representative proceeding. The arbitrator may not combine claims of more than one person.
Opt-out. You may opt out of this Section 15 by emailing support@kellybroganmd.com within 30 days of first agreeing to these Terms, with your name and a statement that you opt out of arbitration.
If the class-action waiver is found unenforceable, the arbitration agreement does not apply and the dispute will be decided in the state or federal courts in Miami-Dade County, Florida.
Florida law governs these Terms, without regard to conflict-of-law rules.
We may suspend or end your access if you break these Terms or misuse the Services. Sections that by their nature should survive, including those on content ownership, disclaimers, liability and disputes, survive termination.
We may update these Terms by posting a new version with a new effective date. For material changes we will give notice by email or on the site. Continuing to use the Services after a change means you accept it.
If any part of these Terms is unenforceable, the rest stays in effect. Our not enforcing a term is not a waiver. You may not transfer these Terms; we may transfer them to an affiliate or a buyer of our business. These Terms, with the policies and agreements they refer to, are the whole agreement between you and us about the Services.