KIM KEITH DESIGN AND MARKETING
TERMS AND CONDITIONS
LAST UPDATED: November 18th, 2020.
Welcome to KIM KEITH DESIGN AND MARKETING! We are happy that you have landed on our page and we hope you enjoy your visit. We are pleased to provide entrepreneurs with the tools to grow their businesses with confidence and style! Apart from our marketing and branding services to entrepreneurs, we offer marketing, branding, and scaling training courses and bootcamps to female entrepreneurs for purchase from time to time, to train, teach, and assist them in building their brand presence online, as part of our Programs and Course Offerings. Our Programs and Course Offerings use a dedicated third-party platform specifically designed for offering online courses, THINKIFIC https://www.thinkific.com/.
WORDS YOU NEED TO UNDERSTAND
“Content” in these Terms refers to any textual, visual, or aural content that is published on our Website and is encountered as part of the User’s experience on our website. It is any creative element, expression fixed in a tangible medium and includes, without limitation, ideas, text, applications, comments, video, audio, images, graphics and infographics, designs, drawings, animations, logos, trademarks, copyrights, information, data, e-services, software, scripts, tasks, activities, and any intellectual property therein, any of which may be created, submitted or otherwise made accessible on or through our Website.
“Client” “Customer” “User” or “you” means any user of the Website, or any purchaser, client, customer and/or user of any of our Offerings.
“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Content or any other information accessed through the Our Website and our Offerings for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.
“Client” or “you” means any purchaser, client and/or user of any of our Programs, Products and Services, or Program Materials.
“KIMKEITH”, “we”, “us” or “me” means KIM KEITH DESIGN AND MARKETING.
“Offerings” mean any of our Content, Programs, Products, Goods, Services, Course Offerings, Program Materials, and specifically, any paid program or service, group course or program including but not limited to any mastermind, e-course, downloadable information product, e-book, or other program, service or course where we provide content for educational and informational purposes that is not permitted to be reproduced or used in your own business for commercial use or in a way that earns you money. Our Offerings through our Website may be delivered in ways including but not limited to in-person, telephone or teleconferencing, Zoom, Skype, webinars, Facebook, Youtube, or Instagram Live Videos, teleseminars, videos, audios, books, e-books, products, social media, blog articles, or otherwise in a variety of settings such as individual coaching sessions, individual consulting sessions, group programs including but not limited to masterminds, classes, workshops, events, retreats, seminars, or trainings.
“Program Materials” mean any video, audio, printed or written text or work including but not limited to drafts, online or printed documents, or other materials created by us that are provided to you for your educational and informational purposes or through our Programs, Products and Services.
“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Program Materials or any other information accessed or purchased through our Offerings available on our Website for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.
How You May Use Our Programs, Products and Services and Program Materials
YOUR USE OF THE WEBSITE AND ACCOUNT SECURITY
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure, in accordance with applicable provincial and federal privacy laws.
You understand that the transmission of information via the Internet is not secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information or information directly or indirectly related to your person to our Website is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Website, or any part thereof, this includes but is not limited to the use of any VPN provider services or any services used for the purposes of masking User identification or privacy.
Any user account created for the purposes of accessing our Offerings and any login information in relation to such user account, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that, should your account be confirmed with us and, you are granted access to the Website, Content and/or Offerings, your account is personal to you and to you only! Consequently, you agree not to provide any other person with access to this Website, its Content or Offerings offered thereon, or portions of it using your user account and login information or other security information.
You agree to notify us immediately of any unauthorized access to or use of your login information or any other breach of security by email. You are responsible for any password misuse or any unauthorized access, or breaches to any payment information stored or saved on your internet browser, phone or computer’s keychain or password memory system or mechanism.
EACH TIME THAT YOU LOG INTO AND ACCESS A USER ACCOUNT WHICH YOU HAVE CREATED FOR THE PURPOSES OF ACCESSING ANY OF OUR OFFERINGS, YOU REPRESENT AND WARRANT THAT:
(a) you are the person who registered the user account;
(b) all of the personal information registered in connection with the user account is current, complete and accurate;
(d) you are accessing and/or using the Website, Content and/or Offerings solely for your own personal, non-commercial purposes.
(e) you are not, and are not acting on behalf of, any of our competitors or prospective competitors or our affiliates’ or subsidiaries’ competitors or prospective competitors;
(f) you are not accessing the Website, Content and/or Offerings for the purposes of any dispute or litigation involving us;
(g) you are not accessing the Website, Content and/or Offerings for any illegal purpose; and
(h) you are not accessing the Website, Content and/or Offerings to advertise, solicit or communicate with any other User for any commercial purpose.
(a) access content and data that is not intended for you;
(b) attempt to breach or breaching the security and/or authentication measures which are not authorized;
(c) restrict, disrupt or disable service to Users, hosts, servers, or networks;
(d) illicitly reproduce TCP/IP packet header;
(e) disrupt network services and otherwise disrupting Website owner’s ability to monitor the Website, Content and/or Offerings;
(f) use any robot, spider, or other automatic device, process, or means to access the Website, Content and/or Offerings for any purpose, including monitoring or copying any of the Content or any other material on the Website;
(g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(h) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and/or
(i) otherwise attempt to interfere with the proper working of the Website, Content and/or Offerings.
OWNERSHIP OF INTELLECTUAL PROPERTY: GENERAL RULES
You understand and agree that our Website, any of its Content including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by KIMKEITH, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Any tradenames, trademarks, banners, slogans, logos, taglines, and all related names, logos attached to our corporate name or brand such as product and service names, designs, images, marketing materials, designs, images and slogans all constitute our trademarks (“Marks”) meaning they are KIMKEITH’s property and belong solely to us. You must not use such Marks without our prior authorization. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on our Website, Content and/or Offerings, are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal, provincial, and/or other applicable laws and regulations and could subject the infringer to legal action.
OUR INTELLECTUAL PROPERTY OWNERSHIP RULES SPECIFICALLY REGARDING OUR OFFERINGS AND PROGRAM MATERIALS AND OUR LIMITED LICENSE TO YOU.
Our Online Courses, Programs, Products and Services, and Program Materials’ Offerings are our property, and are protected by copyright, trademark, and other intellectual property laws. This means you can only use and access our Offerings in the ways and to the extent we say you can, i.e., as described in greater detail in the following paragraphs.
This also means you may not use our Website, its Contents, or Offerings in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Website, in any form or medium whatsoever except:
(a) your computer and browser may temporarily store, or cache copies of materials being accessed and viewed;
(b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
(c) one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads;
(d) in the event social media platforms are linked to certain content on our website, you may take such actions as our Website and such third-party social media platforms permit.
Users are not permitted to modify copies of any part of our Website or its Content, and our Offerings, delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Website.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason unless you ask us in writing if you may do so, and we answer in writing and state that you may do so.
YOU ARE PERMITTED TO ACCESS AND USE OUR ONLINE COURSES, PROGRAMS, PRODUCTS AND SERVICES, AND PROGRAM MATERIALS’ OFFERINGS IN THE FOLLOWING MANNER:
• You may download and/or print Program Materials for your personal use. To clarify, you are not permitted to share, sell, reprint or republish any other of our Program Materials including handouts, for resale or mass reproduction purposes for your own business or commercial use or in any way to make you money unless you ask us in writing if you may do so, and we have given you written permission to do so.
• You will be permitted to access any purchased Program, Online Courses or Program Materials’ Offerings at for the duration of and any time after you have completed such Program or Online Course or after an Online Course or Program has completed.
• For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product and Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason unless you ask us in writing if you may do so, and we answer in writing and state that you may do so.
INFORMATION YOU MUST NOT SHARE WITH OTHERS.
As a Licensee, you understand and acknowledge that our Programs, Products and Services and Program Materials’ Offerings have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from Improper and/or Unauthorized Use.
WHEN YOU ENROLL IN OR PURCHASE ANY OF OUR OFFERINGS, YOU AGREE THAT YOU ARE CLEARLY AND EXPRESSLY PROHIBITED FROM DOING ANY OF THE FOLLOWING ACTS:
(b) You will not in any way use, copy, adapt or represent any of our Offerings or their content in any way as if they are yours or created by you.
(c) You will not engage in the Improper and/or Unauthorized Use of our Offerings.
(d) You will not steal, duplicate, share, trade, sell, or otherwise distribute our Offerings to any person, for their personal, business, or commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal, business or commercial use. This means you cannot share or sell any part of our Offerings to another person or business, so they can copy, reproduce, sell and/or use them for their own personal, business or commercial use or in any way that earns them money or for valuable consideration. You are the only one granted a limited licence to use our Offerings.
(e) You will not violate our intellectual property rights, including copyright and trademark rights by downloading, printing, or otherwise using our Offerings for publication or compilation into any of your own products, programs, services, program content or materials for your own personal, business or commercial use or in any way that earns you money.
(f) You will not use our Offerings in a manner that constitutes an infringement of our rights or that we have not first approved in writing.
(g) You may not engage in Improper and/or Unauthorized Use of our Offerings or any other information related to our Offerings
TERM OF END-USER LICENSE.
YOUR LICENCE TO US
By posting or submitting any material (such as post comments, photos, images or videos or other contributions of such similar nature) on or through our Website or Offerings or any groups or forums created for the purposes of any of our offerings, or where applicable, third-party instant communication, networking and video or audio conferencing platforms that we may use from time to time for the purposes of delivering our Offerings to you (i.e. for instance Zoom, Skype, Microsoft Teams or other communication platforms for the delivery of our Online Courses or Programs), you are representing and warranting that you are the owner of all such materials and are at least 18 years old. Furthermore, you consent to the following:
(a) When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website and Offerings, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or in any medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website and Offerings. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
(b) You also grant us, and anyone authorized by us, the right to identify you as the author of any of copy, comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind, and that we may elect to cease the use and display of any such contributions on our Website and/or in our Offerings in our sole discretion, at any time for any reason whatsoever.
SITE MONITORING AND ENFORCEMENT, SUSPENSION, AND TERMINATION
Any Content on our Website and in our Offerings is provided for general information purposes only. Our Website and Offerings’ may include information, data, material, informational resources provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not reflect or represent our views or opinions. We are not and shall not in the future be held responsible or liable whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
We have the right, without provision of notice to:
(a) where and when made available make, remove or refuse to post any submissions made by you for any reason or no reason in our sole discretion on our Website or in respect of any of our Offerings;
(c) take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of our Website or our Offerings. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website or Offerings;
(d) terminate or suspend your access and use to all or part of our Website and any Offerings to which you are registered for any or no reason, including, without limitation, any violation of these Terms and Conditions; and
(e) take any other necessary actions.
We have no obligation, nor any responsibility to any party to monitor our Website and our Offerings or access and/use thereof, and do not and cannot undertake to review anything a user has submitted thereto. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or any content submitted or posted by any user or any content or materials posted by third party, subject to applicable laws.
By accessing and using our Website, and by participating in our Online Courses, Programs and any other Offerings’, and using our Program Materials, including on social media, you consent to photographs, videos, audio recordings, transcripts, copy or written or printed text that may contain you, your voice and/or your likeness, any we reserve the right to use them in our sole discretion in our current or future Offerings and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
REQUEST FROM YOU FOR PERMISSION TO USE CONTENT WE HAVE CREATED AND SHARED WITH YOU
If you are granted permission by us, YOU AGREE TO USE THE SPECIFIC CONTENT THAT WE ALLOW AND ONLY IN THE WAYS FOR WHICH WE HAVE GIVEN YOU OUR WRITTEN PERMISSION.
If you choose to use any of the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we say and prescribe to protect our intellectual property and ownership rights in and to our Website and Offerings.
CONFIDENTIALITY, PRIVACY, TRANSMISSION OF DATA, THIRD PARTY WEBSITES & COOKIES
Third Party Websites. Our Website, Content and/or Offerings may provide links or pointers to third-party sites. We make no representations in relation or in connection with any other websites that may be accessed from our Website. If you choose to access any such websites, we encourage you to exercise caution as would a reasonably prudent user of the World Wide Web. By accessing any third party links and/or using any third party website or content, you do so at your own discretion and at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your access and/or use of them. You are subject to any terms and conditions of any such third-party websites or services that you may access and/or use. Such links to third-party websites from our Website, Content and/or Offerings may include links to certain social media features that enable you to link, share or transmit on your own or using certain third-party websites, certain content from our Website, Content and/or Offerings. You may only use these features when they are provided by us and solely with respect to the content identified.
PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK
You agree that you are using your own judgement in accessing and using our Website, Content and our Offerings, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to any of our Offerings. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of any of our Offerings.
To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our website and offerings, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other program, product, service or participant or user, including you. Finally, you shall save and hold harmless KIMKEITH and any subsidiaries, affiliates thereof, and each of the respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors and assigns of KIMKEITH, and KIMKEITH’S subsidiaries and affiliates (the “KIMKEITH PARTIES”), from any and all claims resulting from any act or omission by the KIMKEITH parties, relating to KIMKEITH’S provision of its website & offerings, or to any, investigations by the KIMKEITH parties or by law enforcement authorities.
LEGAL AND FINANCIAL DISCLAIMER
Our Offerings are for informational and educational purposes only and are not to be perceived OR relied upon in any way as business or financial advice. The information provided through our Offerings is not intended to be a substitute for professional advice that can be provided by your business or financial advisor. We are not giving financial advice in any way. You are hereby advised to consult with a professional advisor for any and all questions and concerns you may have with respect to your business. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Offerings. You are solely responsible for your results.
You acknowledge that we have not and do not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in any of our Offering Programs or Courses. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Offerings, and you accept and understand the results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Offerings. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
WARRANTIES DISCLAIMER, ERRORS & OMISSIONS & FORCE MAJEURE.
We make no warranties as to our Website and/or Offerings. You agree that our Website and/or Offerings, including our Online Courses, Programs and Program Materials are provided “AS IS” and “AS AVAILABLE” basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, and to the fullest extent permissible in law and equity, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
We make no warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Website, its Content, and/or our Offerings. Without limiting the foregoing, we neither represent or warrant that our website, its content, or any of our offerings attained through our website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website, its Contents and our Offering or the server that makes our Website and Offerings available are free of viruses or other harmful components.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or our website & platform will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the website & platform and your computer, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website & platform or any content or services or items found or attained through the website & platform.
Additionally, we shall not be liable for any loss, damage or delay in fulfilling our obligations pursuant to this Agreement caused by or resulting from conditions or causes beyond our reasonable control including but not limited to power outages, riots, fire, flood, explosion, governmental controls or regulations, civil insurrections, acts of terrorism, civil or military authority, and inability to obtain necessary supplies and materials or perform our obligations due to such causes.
We try to ensure that the availability and delivery of our Offerings such as our Online Courses, Programs, and Program Materials is uninterrupted and error-free, including our content and communications through methods like our website, member forum, private Facebook groups, email communications, videos, audio recordings, Zoom calls, recorded Zoon calls, webinars, recorded webinars, teleseminars, recorded teleseminars, downloadable MP3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, e-books, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our any of our Offerings become unavailable or access to them becomes slower incomplete due to any reason such as system backup procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Offerings inaccessible to you.
INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE OF CLAIMS
General Limitation on Liability. Except where such exclusions are prohibited by law, under no circumstance will we be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your access or use, or inability to access or use, or reliance on, our Website and/or Offerings, any linked websites or such other third-party websites, nor any content, materials, posting, or information thereon even if the party was allegedly advised or had reason to know.
We will not be held responsible or liable in any way for the information that you request or receive through or on our Website or any of our Offerings. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors or otherwise who is engaged in producing or rendering our Offerings, or in any way. In the event that you access or use any of our Offerings or any other information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.
Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any access, use of or reliance on our Website and/or Offerings, and you hereby release us from any and all such claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.
CONDITIONS OF USE, INTERACTIONS WITH OTHER USERS AND CODE OF CONDUCT.
You are agreeing that you will not access or use our Website and/or Offerings in any way that causes or is likely to cause our Website and/or Offering or access to them either to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us. As a condition of your access and use, you agree that you may use the Website, Content and Offerings only for lawful purposes and in accordance with these Terms and Conditions. During the course of any of our online programs or courses, users may be in a position to interact with one another through a chat or forum media or live. Users may from to time (where applicable) also submit information to our Website. We strive to promote a respectful and safe environment for all of our users and participants in our Offerings.
WITHOUT LIMITING THE FOREGOING, YOU WARRANT AND AGREE THAT YOU SHALL NOT MAKE ANY SUBMISSIONS AND INTERACTIONS WHICH ARE STRICTLY PROHIBITED BY US AS FOLLOWING:
3. include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion;
4. involve stalking, attempt to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
5. involve, provide, or contribute any false, inaccurate, or misleading information;
6. impersonate or attempt to impersonate KIMKEITH, any of our personnel, employees or affiliates, any other user or any other person or entity (including, without limitation, using email addresses, or screen names associated with any of the foregoing individuals);
7. transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
8. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person(s);
9. give the impression that such interactions or submissions made by a user originate from or are endorsed by us or any other person or entity, if this is not the case;
10. engage in, promote or assist in any inappropriate behaviour or illegal activity or unlawful act, including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behaviour;
11. engage in or encourage others to engage in any other criminal or unlawful conduct or breach these Terms including misuse of the Website, Content or Offerings for unlawful or unauthorized purposes;
12. restrict or inhibit any other user from using and enjoying the Website, Content or Offerings;
13. infringe the privacy rights, property rights, or other civil rights of any person;
14. harass, abuse, threaten or otherwise infringe or violate our rights including the rights our employees, personnel or affiliates, Users of our Website, Content and/or Offerings, and the rights of any other person(s);
15. harvest, data-mine or otherwise collect information about others, including e-mail addresses, without their consent;
16. use any technology or other means to access our computer network, unauthorized content or non-public spaces;
17. (attempt to) introduce viruses or any other harmful code, files or programs that interrupt or otherwise or limit Website or Offerings’ functionality;
18. (attempt to) damage, disable or otherwise impair our servers or networks;
19. encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm KIMKEITH or users of the Website or expose them to liability;
PURCHASES AND ONLINE COMMERCE
Payment Processing and Information Sharing. We use Stripe as our third-party payment processing service provider (https://stripe.com/en-ca). All information obtained during your purchase or transaction for any of our Offerings on our Website, and all information that you give us is part of the transaction such as your name, address, method of payment, credit card number, and billing information, may be collected both by us and by Stripe. Payment processing companies and merchants may have privacy and data collection practices and policies that are different from ours, we have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Programs, Products and Services and Program Materials, you may be subject to the additional terms and conditions of the payment processing company, merchant, or us that specifically apply to your purchase.
Authorization and Permission. If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for any of the Offerings to which you register through our Website, without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a Stripe invoice, you are required to manually pay it by the date due on the invoice, or any of the Offerings to which you have registered including any accompanying Program Materials will be put on hold and suspended until payment is made. You agree to only purchase our Offerings for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Offerings for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
In the event that a chargeback, reversal of payment, or payment cancellation is initiated by you or we receive a chargeback threat, we reserve the right to report the incident to all three credit reporting agencies, or any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, payment date, payment amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
OUR OFFERINGS REFUND POLICY
Your satisfaction with our Offerings is important to us. Yet, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our Programs, Products and Services and Program Materials, WE HAVE A NO REFUND POLICY. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Offerings, and no refunds will be provided to you at any time. By using and/or purchasing any of our Offerings, you understand and agree that ALL SALES ARE FINAL UPON REGISTERING FOR SUCH OFFERING AND WHEN PAYMENT IS PROCESSED AND COMPLETED, AND THAT OUR FEE IS FULLY PAYABLE AT THAT TIME, AND NO REFUNDS WILL BE PROVIDED.
It is hoped that should we ever have any differences; we will be able to work them out amicably through email correspondence and telephone conference calls. However, should we be unable to seek resolution within a reasonable time as determined in our sole discretion, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator who practices in the province of Ontario selected jointly by us. Before seeking arbitration, you must contact us in writing, and include all of your reasons for dissatisfaction with your use of the Website and/or any Offerings to which you have registered. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to date. No other actions or financial awards of consequential damages, punitive or aggravated damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment in any court of competent jurisdiction in the province of Ontario.
BY ACCESSING AND USING OUR WEBSITE, AND BY PURCHASING ANY OF OUR OFFERINGS, YOU ARE AGREEING TO A MODIFICATION OF THE STATUTE OF LIMITATIONS SUCH THAT ANY ARBITRATION MUST BE BEGUN WITHIN ONE (1) YEAR OF THE DATE OF YOUR EMAIL REFERENCED ABOVE OR YOU WAIVE THE RIGHT TO SEEK DISPUTE RESOLUTION BY ARBITRATION OR TO TAKE ANY OTHER LEGAL ACTION AGAINST US.
You also agree that should arbitration take place, it will be held in the City of Toronto, in the Province of Ontario, Canada, as this is where our business is located, and you further agree that the winning party shall be entitled to all reasonable lawyer’s fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, whether in public or in private including but not limited to on social media, either directly or indirectly, designed to disparage us, our Website and/or any of our Offerings. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
We would love to hear from you! We definitely welcome your ideas, suggestions and recommendations with respect to any aspect of the Website, Content or Services (Feedback). Any Feedback you provide to us will be deemed non-confidential and we will be free to use such Feedback without restriction and without any compensation or obligations to you.
If you have a concern or a complaint (Complaint), you may submit such Complaint to us by using the contact form provided on the Website or by writing to us at email@example.com. Any Complaint concern shall be kept in the strictest confidence, unless or as otherwise required by law to be disclosed. NOTICES
(a) email (in each case to the email address provided by you for any user account created by you;
(b) sending a notification as an alert to your mobile device (such as an SMS, MMS, activation of push notifications, and other similar means of communication to your mobile device); or
(c) posting such notice on our Website. Notice delivered by email or via mobile device alert will be deemed to have been received on the date on which such notice is transmitted.
The owner of the Website is based in Ontario, Canada. We provide our Website and Offerings for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website and Offerings from outside Canada, you do so at your own risk. You are responsible for compliance with local laws of your jurisdiction.
Time shall be of the essence in all respects of the Agreement.
REPORTING AND CONTACTING US
This Website is operated by KIMKEITH, having an address at 62 Radford DriveBrampton ON L6V 2Y9.