Terms and Conditions of Use for Vanessa Kynes LLC

Last Updated on January 21, 2018.

NOTICE: These Terms and Conditions of Use are legally binding. It is your

responsibility to read these Terms and Conditions of Use carefully prior to purchase,

use or access of any of our products, including online courses.

Terms of this Course or Product Purchaser Agreement

All programs and products and services are owned

and provided by Vanessa Kynes LLC (“Company” or “we” or “us” or “our”).

The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or

service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You

are allowed to use and access Company’s Offering.

We reserve the right to update and change these Terms and Conditions of Use at any time,

and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not you have read

them. If You do not agree with any of our Terms and Conditions of Use, please email us at

hello@vanessakynes.com and we will make reasonable efforts to remove

your name, email and access to our Offering and website(s).

Your Product or Course Use and Consent

When you purchased our Offering, you were given a reasonable notice that these Terms and

Conditions of Use existed. By moving forward with your purchase of the Offering and further

access of the Offering, you implicitly agreed and continue to agree to abide by these Terms

and Conditions of Use as well as any disclaimers and privacy disclosures contained in these

Terms and Conditions of Use.

You agree you are at least 18 years old or of age in your applicable jurisdiction to access the

Offering. Access of our Offering and related materials by a minor is a violation of use, and

we reserve the right to terminate your access if such an issue is discovered.

Intellectual Property

Limited License. Any and all materials, paid or free, that You access on this or any related

domains that contain our Offering are under the sole ownership or licensed use of Vanessa Kynes LLC.

To be clear, we own our page layout and design, overall look and appearance, individual

graphics, icons, videos, logos, taglines and trademarks (common law or federally registered).

You are not allowed to reproduce any part of our website(s), program(s), product(s), service

materials or related communications.

You are only receiving a limited, non-transferable, non-exclusive, revocable license for

non-commercial use only in order to access any content or materials in the Offering you

have paid for or opted to receive. If You exceed the scope of this license, as determined by a

legal authority such as a court of law or the Trademark Trials and Appeals Board, you have

committed infringement in a manner that materially harms us, and we have the right to seek

damages and/or an injunction to remedy the situation until we are made whole.

You may:

- Access the Offering for Your personal use (if additional members of Your team

need to access the Offering, You must purchase additional Offerings at one per

each team member)

- Download and/or print any Offering materials for your personal use in your business

(if additional members of Your team need to download and/or print any materials

from the Offering, You must purchase additional Offerings at one per each team

member)

- Use our trademarks and copyrighted materials with Our consent and proper credit

and marking, namely, citing ©Vanessa Kynes LLC as the source of the

materials and marking any federally registered trademarks with ® or common law

trademarks with ™.

You may not:

- Re-sell or trade Your access to the Offering

- Share the Offering with anyone else who has not yet purchased it or opted in to

receive it

- Reprint or republish any of the Offering, in part or in whole

- Distribute any of the materials contained in the Offering or related materials and/or

communications as your own, otherwise known as stealing

- Reproduce and tweak any part or whole of the Offering for distribution as your own

work

- Claim ownership or use over any of Our intellectual property without Our prior

consent, which includes (but is not limited to): copyrights such as course materials,

worksheets, workbooks, lessons, videos and more; trademarks such as names,

logos, taglines or other unique source identifiers; or trade dress including the look

and feel of the Offering (and its related communications and materials)

- Use our Offering or any related materials and/or communications in an unlawful

way or for any illegal or unlawful purpose(s)

Request for Permission to Use Content. If you wish to use, publish or access any of our

content, Offering(s) or related materials, You must do so by requesting permission prior to

commencing use of the same by email Us at hello@vanessakynes.com.

Civil and Criminal Penalties. Even though our Offering is not necessarily something you

can physically hold in your hand and walk away with, it is nevertheless considered theft to

steal, infringe or otherwise violate these Terms and Conditions of Use. We reserve the

right to prosecute infringers to the fullest extend allowed by criminal or civil statute in any

jurisdiction allowed. You explicitly consent to personal jurisdiction in Washington by opting into or purchasing any Offering or accessing its related communications

and/or materials.

Your Materials and Contributions. By submitting a comment, photo, video or other

material(s) onto any website or platform owned or maintained by Us, including but not

limited to third party access sites, such as Our Facebook group(s) or online software

platforms that we use to distribute Our Offering and related materials, you agree that we

have a non-revocable, commercial license to republish your submission in whole or in part

unless you explicitly state that We may not do so with said submission. You have no right

to privacy by accessing Our Offering or related materials, and We reserve the right to

disclose your participation in the same.

Model Release. You must own the copyright to any image(s) You use by default or

voluntarily on our platforms or in our Offering or related materials. You grant Us a

commercial license to any image(s) you submit to Us by default, such as a Facebook

profile photo or other profile image you voluntarily provide in accessing the Offering, or

voluntarily upon Our request. Such a default or voluntary release of Your image and

likeness may be used for any reasonable future business use.

Notification of Use. We are not obligated to notify You or anyone in photographs of Our

publication or other use of any image or images you submit by default or voluntarily.

Security and Assumption of Risk

Security. It is Your responsibility to secure your username and password from theft or

any other means of unauthorized use that would violate these Terms and Conditions of

Use. We do not store any whole credit card

numbers or payment information, and instead, these are processed through third party

processors such as Stripe, or Paypal. By utilizing these payment processors to gain access to the Offering, You

indemnify Us and instead assume any and all risk or liability for the security of the

payment details, and agree to be bound by the third party payment processor’s applicable

terms and conditions of use.

Confidentiality. You have no right to confidentiality unless otherwise explicitly stated,

such as in a subsequent client agreement, or otherwise implicitly agreed upon as

mandated by law or fiduciary duty.

Assumption of Risk. By accessing our Offering and/or related materials, whether paid or

unpaid, you assume all the risk of your access and any subsequent actions you choose to

take as a result of the influence, information or educational materials provided to You.

Disclaimers

Earnings Disclaimer. You agree that You understand individual outcomes will vary. Case

studies or testimonials are not indicative of typical results. Each individual approaches our

Offering(s) with different backgrounds, disposable income levels, motivation and other

factors that are outside of Our control. Therefore, we cannot guarantee Your success

merely upon access or purchase of our Offering(s) or related material(s).

General Disclaimer. To the fullest extent permitted by law, we expressly exclude any

liability for any direct, indirect or consequential loss or damage incurred by you or others in

connection with our Offering(s), 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 disease, condition or issue, physical,

mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business,

loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time

and for any other loss or damage of any kind, however and whether caused by

negligence, breach of contract, or otherwise, even if foreseeable. We are not medical,

legal, financial or other professionals, or if We are, during the course of this Offering and

related material(s), We are not offering our professional services and you expressly agree

we are not acting in any professional capacity, including medical, legal, financial or

otherwise during the course of this Offering. This Offering is for educational and

entertainment purposes only. None of the Offering or its related material(s) should be

construed as medical, legal, financial advice.

Third Party Disclaimer. You acknowledge and agree that we are not liable for any

defamatory, offensive or illegal conduct of any other participant or user, including you.

Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS,

PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT

PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED

“AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE

DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT

THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE

FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR

ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE

WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE

OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES

MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS,

ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Technology Disclaimer. We make reasonable efforts to provide You with modern,

reliable technology, software and platforms from which to access our Offering(s) and

related material(s). However, in the event of a technological failure, You accept and


acknowledge our lack of responsibility for said failure, and while we will make reasonable

 efforts to support you, some technological issues are far outside our control and will

require you to access support from a third party provider, such as Thinkific.

Errors and Omissions. We make no warranty or guarantee as to the accuracy,

timeliness, performance, completeness or suitability of the information in our Offering(s).

We are not liable for any inaccuracies, errors or reliance on personal opinions contained in

our Offering(s) or related material(s).

Indemnification, Limitation of Liability and Release of Claims

Indemnification. You agree at all times to indemnify and hold harmless our Company, as

well as any of our affiliates, agents, contractors, officers, directors, shareholders,

employees, joint venture partners, successors, transferees, assignees, and licensees, as

applicable, from and against any and all claims, causes of action, damages, liabilities,

costs and expenses, including legal fees and expenses, arising out of or related to our

Offering(s) .

Limitation of Liability. We will not be held responsible or liable in any way for the

information, products or materials that you request or receive through or in relation to our

Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm

or other detrimental or negative outcomes as a result of Your access of our Offering(s)

and related material(s).

Financial Considerations

Refunds. Due to the digital nature of this course, there are no refunds.

Chargebacks. You agree to make every attempt to file a refund prior to attempting a

chargeback with your financial institution. In the event of a chargeback attempt, You

expressly agree to forfeit any and all of Our bonuses, affiliate bonuses or other materials

afforded to you in exchange for your original purchase of our Offering. We reserve the

right to present proof of Your access and these Terms and Conditions of Use to the

financial institution investigating the dispute.

Recurring Payments. If you have signed up for a payment plan, You hereby authorize

our continued access to your financial information stored by our third party financial

processing company referenced in this Agreement until your payment plan is complete, as

set forth in Your acceptance of the purchase terms upon checkout.

Revocation of Access. You have the unilateral right to terminate your use and access to

any of Our Offering(s). Please send an email to hello@vanessakynes.com to initiate this process.

Termination will not excuse you of further payment. Upon confirmation of your termination,

any and all outstanding balances will become immediately due and payable. Any existing

balance that remains after 14 days from the date of termination will be sent to a collections

agency, and You agree to be responsible for any additional charges, fees or costs

associated with such a collection effort, including but not limited to reasonable attorney’s

fees and court costs.

Dispute Resolution. If You and our Company cannot find a resolution to a dispute or

potential claim by means of good-faith negotiation, then You explicitly agree to make a

reasonable attempt to resolve any such dispute through Alternative Dispute Resolution

or Mediation before filing a civil cause of action.

Non-Disparagement. If you are found to be slandering, libeling or otherwise

disparaging our Company, Offering(s) or related materials at our discretion, You will be

immediately removed from the Offering(s) and any related communications. We reserve

the right to file a civil claim of action against You for any such damaging actions You

take that materially harm our Company.



Terms and Conditions of Use

Last Updated on January 21,2018

By using this website, you agree to the following terms, conditions and privacy

policy. Please read them carefully before using this website.

General Provisions

This website is owned and operated by Vanessa Kynes LLC, a Washington company. You must be at least thirteen years of age to use our website. Use of this website is at your own

risk. We host our site on a reputable platform and take reasonable efforts to maintain and host

the site. However, we make no explicit representations or warranties as to the safety or your

individual use of the website. The terms, conditions and privacy policy contained on this page is

subject to change at any time.

Intellectual Property Notice

All images, text, designs, graphics, trademarks and service marks are owned by and property of

Vanessa Kynes LLC, or the properly attributed party. It is a violation of federal law to use any of our

intellectual property in whole or in part, and modification of any materials contained on this site

is illegal and may be prosecuted to the fullest extent permissible should we choose to do so,

including asking for financial penalties (damages) and/or an injunction forcing you to stop using

our intellectual property immediately.

You may use our intellectual property with clear and obvious credit back to our site, as well

links back to the page where the materials, designs, images, text, quote or post is located when

it is appropriate to do so. However, you may never claim any of our intellectual property as your

own or your unique creation, even with attribution.


Your Communications

Any communications made through our ‘contact,’ blog, blog comments or other related pages,

or directly to our phones or mailing or email addresses is not held privileged or confidential and

is subject to viewing and distribution by third parties. We own any and all communications

displayed on our website, servers, comments, emails or other media as allowed by United

States law, and will not give credit or pay royalties for unsolicited user-generated content such

as blog comments or emails.

We maintain a right to republish any submission in whole or in part as reasonably necessary in

the course of our business. You agree not to submit any content or communications that could

be illegal or serve an unlawful purpose, including, but not limited to communications that are

potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or

inappropriate.

Disclaimers

Our website and related materials is provided for educational and informational use only. You

agree to indemnify and hold harmless our website and company for any direct or indirect loss or

conduct incurred as a result of your use of our website and any related communications,

including as a result of any consequences incurred from technological failures such as a

payment processor error(s) or system failure(s).

While we may reference certain results, outcomes or situations on this website, you understand

and acknowledge that we make no guarantee as to the accuracy of third party statements

contained herein or the likelihood of success for you as a result of these statements or any other

statements anywhere on this website. If you have a medical, legal or financial questions, you

should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly

disclaim any and all responsibility for any actions or omissions you choose to make as a result

of using this website, related materials, products, courses or the materials contained herein.

This website is updated on a regular basis and while we try to make accurate statements in a

timely and effective manner, we cannot guarantee that all materials and related media

contained herein are entirely accurate, complete or up to date. You expressly acknowledge and

understand that any information or knowledge you gain as a result of using this website is used

at your own risk. If you should see any errors or omissions and would like to let us know, please

email us at hello@vanessakynes.com

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all

liability as a result of your purchase through one of these links. We will use reasonable efforts to

notify you when and where we have placed affiliate links in addition to this disclaimer located in

these Terms & Conditions. You accept express liability for any and all consequences or benefits

of clicking the affiliate links contained on this website or related communications.

Termination

If at any time we feel you have violated these Terms and Conditions, then we shall immediately

terminate your use of our website and any related communications as we deem appropriate. It

is within our sole discretion to allow any user’s access of our website, and we may revoke this

access at any time without notice.

Refunds & Payment Collection

We take your investment seriously, and we’d appreciate if you took our investment of time and

resources into your success seriously too.

Due to the nature of the services and/or products

provided, refunds will not be given unless otherwise specified in writing. 


All Rights Reserved. All rights not expressly granted in these Terms and Conditions of

Use or any express written here, are reserved by Company.

Contact. If you have any questions about any term of these Terms of Use, please contact

us at hello@vanessakynes.com. Thank you.