Website Terms of Use
The following Terms of Use are entered into by & between You & Kjersti Pollard Style Consultant, LLC (“Company”, “we”, or “us”).
The following terms & conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to & use of www.kpstyleconsultant.com, including any content, functionality & services offered on or through www.kpstyleconsultant.com (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept & agree to be bound & abide by these Terms of Use & our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.
This Website is offered & available to users who are 18 years of age or older. By using this Website, you represent & warrant that you are of legal age to form a binding contract with the Company & meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
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Changes to the Terms of Use
We may revise & update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, & apply to all access to & use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept & agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Privacy
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website & informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Disclaimer
Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website & informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
Accessing the Website & Account Security
We reserve the right to withdraw or amend this Website & any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website & any resources downloaded from the Website that all the information you provide on the Website is correct, current, & complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, & you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, & you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you & agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular 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.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
No Unlawful or Prohibited Use & Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access & use the Website & the resources available for download from the Website strictly in accordance with these Terms of Use.
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use & enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, & any software used on the Website, is the property of the Company or its suppliers & protected by copyright & other laws that protect intellectual property & proprietary rights. You agree to observe & abide by all copyright & other proprietary notices, legends or other restrictions contained in any such content & will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, & in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, & will make no other use of the content without the express written permission of the Company & the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, & all related names, logos, product & service names, designs, & slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product & service names, designs & slogans on this Website are the trademarks of their respective owners.
For Educational & Info Purposes Only
As set forth more fully in the Disclaimer, the information contained on this Website & the resources available for download through this Website are for educational & informational purposes only. The information contained on this Website & the resources available for download through this Website is not intended as, & shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Accuracy & Personal Responsibility
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website & the resources available for download are accurate & provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment & conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
No Guarantees as to Results
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational & informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, & innumerable other circumstances beyond the control &/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Email & Other Electronic Communications
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications & you agree that all agreements, notices, disclosures, & other communications that we provide to you electronically, via email & on the Website, satisfy any legal requirement that such communications be in writing.
We would be pleased to communicate with you by e-mail, & there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications & cannot guarantee that we would not be required to disclose such communications as a result of a court order.
Use of Communication Services
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections &/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send & receive messages & material that are proper & related to the particular Communication Service.
By way of example, & not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy & publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using & enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service & to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service &, therefore, the Company specifically disclaims any liability with regard to the Communication Services & any actions resulting from your participation in any Communication Service. Managers & hosts are not authorized the Company spokespersons, & their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction &/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to the Website
The Company does not claim ownership of the materials you provide to the Website (including feedback & suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, & necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, & reformat your Submission; & to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide & may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant & represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Links to Third Party Websites & Services
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company & the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, & the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites & organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge & consent that the Company may share such information & data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users & customers.
Use of Templates & Forms
The Company provides various templates &/or forms for download &/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates &/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge & agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates &/or forms in any manner, except for modifications in filling out the templates &/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use & may not be sold or redistributed without the express written consent of the Company.
Use of Paid Courses, Programs, & Associated Material
The Company from time-to-time provides various courses, programs, & associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, & associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge & agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use & may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses & you shall not offer any competing products or services based upon any information contained in the Courses.
Use of Free Downloadable Content
The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge & agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Fremium Content you download may only be used by you for your personal or business use & may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content & you shall not offer any competing products or services based upon any information contained in the Freemium Content.
No Refunds
All sales are final, & the Company does not offer any money-back guarantees. You recognize & agree that you shall not be entitled to a refund for any purchase under any circumstances.
No Warranties
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY & FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY & ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE &/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, & SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY &/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS &/OR CHANGES IN THE WEBSITE AT ANY TIME.
THE COMPANY &/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, & ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES & RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES & RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY &/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES & CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES & RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, & NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY &/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES & RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE & EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Arbitration
You hereby expressly waive any & all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any & all contracts you enter into with the Company, & any & all of the Company’s products & services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Lincoln, Nebraska. You further agree to & do hereby waive any right to class arbitration & agree, instead, to conduct an arbitration related solely to any individual claims you &/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration & for the administration of the arbitration.
International Users
The Service is controlled, operated & administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend, & hold harmless the Company, its officers, directors, employees, agents & third parties, for any losses, costs, liabilities & expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense & control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination & Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Website & the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, & you hereby consent to resolve any & all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
No Joint Venture or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you & the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws & legal process, & nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, & law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers & liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision & the remainder of the agreement shall continue in effect.
Entire Agreement
Unless otherwise specified herein, this agreement, along with the Privacy Policy & Disclaimer, constitutes the entire agreement between the user & the Company with respect to the Website & it supersedes all prior or contemporaneous communications & proposals, whether electronic, oral or written, between the user & the Company with respect to the Website. A printed version of this agreement & of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent & subject to the same conditions as other business documents & records originally generated & maintained in printed form. It is the express wish to the parties that this agreement & all related documents be written in English.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
The Company welcomes your questions or comments regarding the Terms:
Kjersti Pollard Style Consultant, LLC
Email Address: hello@kpstyleconsultant.com
Effective as of August 31, 2020