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
[email protected] 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 [email protected].
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 [email protected] 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 [email protected]
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 [email protected]. Thank you.