Terms and Conditions

Last Updated: February 27, 2025

Welcome to the website (“**Site**”) of K.L. Tabbert Performance Coaching LLC, doing business as Prolific Performance Systems (“**Company**,” “**we**,” “**us**,” or “**our**”). These Terms and Conditions (“**Terms**”) govern your access to and use of our Site, including any content, functionality, and services offered on or through it. By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not access or use our Site.

1. ACCEPTANCE OF TERMS

1.1 Binding Agreement

These Terms constitute a legally binding agreement between you (“**user**,” “**you**,” or “**your**”) and K.L. Tabbert Performance Coaching LLC. By using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our [Privacy Policy](https://www.notion.so/A2P-Campaign-Registration-192279867e048086a10ccf5be406977e?pvs=21) (collectively, the “**Agreement**”).

1.2 Eligibility

You represent and warrant that you are at least the age of majority in your jurisdiction or have the legal capacity to form a

binding contract. If you do not meet these requirements, you must not use the Site.

2. CHANGES TO THE TERMS

We may revise or update these Terms at our sole discretion. All changes are effective immediately when posted on this page and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. We encourage you to review these Terms periodically for any updates.

3. PRIVACY POLICY

Your use of the Site is also governed by our [Privacy Policy](https://www.notion.so/A2P-Campaign-Registration-192279867e048086a10ccf5be406977e?pvs=21), which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and disclose your personal information.

4. INTELLECTUAL PROPERTY

4.1 Ownership

All content, features, and functionality on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (“**Content**”), are the exclusive property of K.L. Tabbert Performance Coaching LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any Content without our express written permission, except as otherwise authorized by law or expressly permitted on the Site.

4.3 Trademarks

All trademarks, logos, service marks, trade names, and trade dress displayed on the Site (collectively, the “**Marks**”) are registered or unregistered Marks of K.L. Tabbert Performance Coaching LLC or third parties. Nothing on the Site should be construed as granting any license or right to use any Marks without our prior written permission.

5. USE OF THE SITE

5.1 Prohibited Uses

You agree not to:

• Violate any applicable local, state, national, or international law or regulation.

• Interfere with or disrupt the Site or servers, networks, or systems connected to the Site.

• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site.

• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

• Use the Site for any unauthorized or illegal purpose.

5.2 Account Security

If you create an account on the Site, you are responsible for maintaining the confidentiality of your login credentials and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.

6. USER CONTENT

6.1 User Representations

If the Site allows for the submission or posting of content (such as text, images, or other materials) by you or other users (“**User Content**”), you are solely responsible for your User Content. You represent and warrant that you own or control all rights in and to your User Content and have the right to grant the licenses granted herein.

6.2 License to Company

By submitting or posting User Content on the Site, you grant K.L. Tabbert Performance Coaching LLC and its affiliates a non-exclusive, irrevocable, worldwide, royalty-free license to use, copy, reproduce, modify, publish, translate, distribute, perform, and display such User Content in any media formats and through any media channels, in connection with providing and promoting the Site.

6.3 Monitoring and Enforcement

We reserve the right, but not the obligation, to (a) remove or refuse to post any User Content for any or no reason in our sole discretion; and (b) take any action with respect to any User Content that we deem necessary or appropriate if we believe it violates these Terms.

7. THIRD-PARTY LINKS

The Site may contain links to third-party websites and resources (“**Third-Party Sites**”) for your convenience. We have no control over the contents of Third-Party Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Site linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Sites.

8. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our Site for any data reconstruction.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. K.L. TABBERT PERFORMANCE COACHING LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL K.L. TABBERT PERFORMANCE COACHING LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless K.L. Tabbert Performance Coaching LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the “**Indemnified Parties**”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site’s Content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

11. GOVERNING LAW AND JURISDICTION

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto, will be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any conflict of law principles. You agree that any legal suit, action, or proceeding arising out of or related to these Terms or the Site will be instituted exclusively in the federal or state courts located in [appropriate county], Michigan. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. TERMINATION

We may terminate or suspend your access to all or part of the Site at any time, with or without notice, for any or no reason, including if we believe you have violated these Terms or any applicable law. Upon such termination, all rights and licenses granted to you in these Terms will immediately cease. The provisions relating to intellectual property, disclaimer of warranties, limitation of liability, indemnification, and any other provisions that by their nature should survive termination will survive any termination of these Terms.

13. ENTIRE AGREEMENT

These Terms and our [Privacy Policy](https://www.notion.so/A2P-Campaign-Registration-192279867e048086a10ccf5be406977e?pvs=21) constitute the sole and entire agreement between you and K.L. Tabbert Performance Coaching LLC with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

14. SEVERABILITY

If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

15. WAIVER

No waiver by the Company of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16. CONTACT US

If you have any questions about these Terms, please contact:

K.L. Tabbert Performance Coaching LLC

Doing Business As: Prolific Performance Systems

Attn: Kristin Tabbert

955 North Plank Road

Tawas City, MI 48763

[email protected]