Terms of Use

Please read the following Terms of Use carefully before you start using the Website.  By Accessing or using the Website, using the services or resources offered on this Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the Privacy Policy incorporated herein by reference.  It is the responsibility of you, the user, customer, or prospective customer to read the Terms of Use before proceeding to use this Website. 

OVERVIEW

The following Terms of Use are entered into by and between You and Kristine Givens, Inc. (“Company, “we”, “us”, “our”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Kristinegivens.com, including any content, functionality, and services offered on or through Kristinegivens.com (the “Website”) whether as a guest, a registered user, vendor, and/or a contributor of content. 

Any new content, features, tools, or resources which are added to the Website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We may revise or update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.  You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.  Your continued use or access of the Website following the post of the revised Terms of Use constitutes acceptance of those changes.   

SECTION 1 - GENERAL TERMS

This Website is offered and available to users who are 18 years of age or older.  By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements.  If you do not meet all these requirements, you must not access or use the Website. 

You are granted a non-exclusive, non-transferrable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use. 

You may not use any content, tools or resources available on this Website for any illegal or unauthorized purpose nor may you, in the use of our Website, violate any laws in your jurisdiction.

A breach or violation of any of Terms of Use will result in an immediate termination of your account and right to use our services and Website. 

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

  1. Restrict, suspend, or terminate your access to all or any part of our Website;

  2. Change, suspend or discontinue all or any part of our services or products offered on our Website;

  3. Refuse, move, or remove any content that is available on all or any part of our Website.

  4. Deactivate or delete your account; and/or

  5. Establish general practices and limits concerning use of our Website.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Website may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website, without express written permission by us.

You may 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 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 form the Website does not entitle you to make any unauthorized use of any protected content, and 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 and will make no other use of the content without the express written permission of the Company and the copyright owner.  You agree that you do not acquire any ownership rights in the 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 of Use. 

The Company is not for resale. Use of the Website does not entitle registered or non-registered users to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content.

All content included as part of the Website, 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 and protected by copyright and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any change thereto.

As is set forth in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only.  The information contained on this Website and the resources available for download through this Website are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.  

The Company name, the Company logo, and all related names, logos, products and service names, designs, and 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 and service names, designs and slogans on this Website are the trademarks of their respective owners. 

The Company, may from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium.  The Company does not control the information provided by such third-party guests, is not responsible for investigating the veracity of any information provided and cannot guarantee the accuracy of any statements made by such guests.

Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.   

SECTION 2 – ACCESSING THE WEBSITE 

We reserve the right to withdraw or amend this Website and any service or materials 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. 

When accessing the Website or some of the resources contained on the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete.  You agree that all information you provide to register with this Website or otherwise, including but not limited to with the use of any features on the Website, is governed by our Privacy Policy, and 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 username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.    Because any activities that occur under your username or password are your responsibility, it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.  You should use extra 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.   

SECTION 3 – CONDUCT & COMMUNICATIONS

As a registered or unregistered user of the Website, you herein acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Company’s services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Website, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by the Company.

Visiting the Website or sending emails to the Company constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. 

We look forward to communicating with you by email.  However, any such email or other electronic communication does not create a business relationship or any contractual relationship.  As set forth more in our Privacy Policy, we take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications because of a court order. 

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/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 to only post, send and receive messages and material that are proper and related to the Communication Services. 

Furthermore, you herein agree not to make use of Company’s Services for the purpose of:

  1. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

  2. causing harm to minors in any manner whatsoever;

  3. impersonating any individual or entity, including, but not limited to, any Company officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

  4. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

  5. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

  6. uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

  7. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;

  8. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

  9. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;

  10. interfering with or disrupting any Company servers and/or networks that may be connected or related to our Website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

  11. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

  12. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance with Section 219 of the Immigration Nationality Act;

  13. "stalking" or with the intent to otherwise harass another individual; and/or

  14. Collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

The Company has no obligation to monitor the Communication Services.  However, the Company reserves the right to review materials posted to a Communication Services thread and herein reserves the right to refuse and/or delete any content currently available through the Communication Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms of Use or which would otherwise be considered offensive to other visitors, non-registered users and/or registered users.

The Company herein reserves the right to access, preserve and/or disclose user information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

  1. compliance with any legal process;

  2. enforcement of the Terms of Use;

  3. responding to any claim that therein contained content is in violation of the rights of any third party;

  4. responding to requests for customer service; and/or

  5. protecting the rights, property or the personal safety of the Company, its registered users, and non-registered users, including the general public.

The Company herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by the Company or any other content providers supplying content to the Company. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules for our services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by the Company, despite whether done so in whole or in part, is expressly prohibited.

SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE

Due to the global nature of the internet, using our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

  1. are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

  2. agree not to transfer any software, technology or any other technical data through the use of our Website to any export-prohibited country;

  3. agree not to use our Website for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and

  4. agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

SECTION 5 - SUBMITTED CONTENT

The Company may provide an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (collectively “Submissions") to our Website, you acknowledge and agree that:

  1. your Submissions do not contain any type of confidential or proprietary information;

  2. the Company shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Submissions; 

  3. the Company shall be entitled to make use of and/or disclose any such Submissions in any such manner as they may see fit; and

  4. the Company is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

The Company does not claim ownership of the Submissions you provide to the Website. However, by posting, uploading, inputting, providing, or submitting your Submissions you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submissions in connection with the operation of their businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submissions, and to publish your name in connection with your Submissions.

No compensation will be paid with respect to the use of your Submissions, as provided herein.  The Company is under no obligation to post or use any Submissions you provide and may remove any Submissions at any time in the Company’s sole discretion. 

SECTION 6 - INDEMNITY

You agree to indemnify, defend, and hold harmless the Company, our subsidiaries, affiliates, agents, directors, employees, officers, partners and/or licensors, for any losses, costs, liabilities and expenses (including but not limited to reasonable attorney 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 Terms of Use 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 and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defense.   

SECTION 7 - COMMERCIAL REUSE OF SERVICES

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to the Company’s Website.

SECTION 8 – USE OF WEBSITE MATERIALS & COURSES

The Company provides various templates and forms for download and/or sale on this Website.  The Company grants you a limited, personal, non-exclusive non-transferrable license to use our templates and/or forms for your own personal or internal business use.  Except as otherwise provided, you acknowledge and 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 and/or forms in any manner, except for modifications in filling out the templates and/forms for you 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 and may not be sold or redistributed without the express written consent of the Company.

The Company from time-to-time provides various courses, programs, and associated materials for sale on this Website.  The Company grants you a limited, personal, non-exclusive, non-transferrable license to use our courses, programs, and associated materials (Collectively the “Courses”) for your own personal and internal business use.  Except as otherwise provided, you acknowledge and 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 and may not be sold or redistributed without the express written consent of the Company.

By ordering or participating in the Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.   

The Company provides various resources on this Website, which users may access by providing an email address.   The Company grants you a limited, personal, non-exclusive, non-transferrable license to use our materials and resources provided in exchange for an email address (the “Free Content”) for your own personal or internal business use.  Except as otherwise provided, you acknowledge and 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 Free Content in any manner.

By downloading the Free Content, you agree that the Free Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Free Content, you further agree that you shall not create any derivative work based upon the Free Content and you shall not offer any competing products or services based upon any information contained in the Free Content. 

SECTION 8 - MODIFICATIONS

The Company reserves the right at any time it may deem fit, to modify, alter and/or discontinue, whether temporarily or permanently, our Courses or Free Content, or any part thereof, with or without prior notice.  In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Courses or Free Content, or any part thereof.

SECTION 9 - TERMINATION AND ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related Courses or Free Content or any portion thereof, at any time, without notice.  You hereby consent to resolve, to the maximum extent permitted by law, any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause in this Agreement.  Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. 

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Content, Free Content, or other resources.

The termination of your account with the Website shall include any and/or all of the following:

  1. the removal of any access to all or part of the Courses, Free Content or other resources offered within the Website;

  2. the deletion of your password and any and all related information, files, and any such Courses, Free Content, or other resources that may be associated with or inside your account, or any part thereof; and

  3. the barring of any further use of all or part of our services, Courses, Free Content, or other resources.

SECTION 10 – LINKS

The Website may contain links to other websites (“Linked Websites”).  The Linked Websites are not controlled by the Company, and the Company is not responsible for the contents of any Linked Websites, 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, and 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 and organizations.  By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and 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 and customers. 

SECTION 11 – CANCELLATION/REFUND POLICIES

We of course want you to be satisfied with your purchase, but we also want you to put forth your best effort when it comes to the Courses offered through our Website.  Consequently, you must demonstrate that you have attempted to implement the program without success. To meet this requirement, you must submit a refund request in accordance with the Terms & Conditions for any courses as follows:

Evaluating Franchise Ownership - Click here to review the course’s Terms & Conditions

SECTION 12 - WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. THE USE OF THE COMPANY’S WEBSITE, COURSES, FREE CONTENT, SERVICES, AND OTHER RESOURCES ARE AT THE SOLE RISK BY YOU. OUR WEBSITE, COURSES, FREE CONTENT, SERVICES, AND OTHER RESOURCES SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. THE COMPANY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  2. THE COMPANY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) THE COMPANY’S WEBSITE, COURSES AND FREE CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE COMPANY’S WEBSITE, COURSES, AND FREE CONTENT SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE COMPANY’S WEBSITE, COURSES, AND FREE CONTENT WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY COURSES, FREE CONTENT, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE WEBSITE, COURSES, FREE CONTENT, AND OTHER RESOURCES SHALL BE CORRECTED.

  3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF THE COMPANY’S WEBSITE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

  4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM THE COMPANY OR BY WAY OF OR FROM OUR WEBSITE, COURSES, FREE CONTENT, AND OTHER RESOURCES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

  5. 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 AND 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 AND OTHER CIRCUMSTANCES BEYOND THE CONTROL AND/OR KNOWLEDGE OF THE COMPANY.

  6. YOU ALSO RECOGNIZE THAT PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME.  THUS, THE RESULTS OBTAINED BY OTHERS, WHETHER STUDENTS/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. 

 SECTION 13 - LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE COMPANY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  1. THE USE OR INABILITY TO USE OUR COURSES, FREE CONTENT, SERVICES, AND OTHER RESOURCES;

  2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

  3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

  4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICES; AND/OR

  5.  ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. 

SECTION 14 - RELEASE

In the event you have a dispute, you agree to release the Company (and its owners, officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected, or unsuspected, disclosed, and undisclosed, arising out of or in any way connected to such dispute.

SECTION 15 - NOTICE

The Company may furnish you with notices, including those with regards to any changes to the Terms of Use, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Website, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms of Use by accessing our Website, Courses, and Free Content in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Website, Courses and Free Content in an authorized manner.

SECTION 16 – NO JOINT VENTURE OR OTHER RELATIONSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company because of this Agreement or use of our Website.  The Company’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in the derogation of the Company’s right to comply with governmental, court, and 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 and liabilities limitations set forth in this Agreement, 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 and the remainder of the Agreement shall continue in effect. 

SECTION 17 - INTELLECTUAL PROPERTY RIGHTS

You herein acknowledge, understand, and agree that all of the Company’s trademarks, copyright, trade name, service marks, and other Company logos and any brand features, and/or product, service, or course names are trademarks and as such, are and shall remain the property of the Company. You herein agree not to display and/or use in any manner the Company logo or marks without obtaining the Company’s prior written consent.

The Company will always respect the intellectual property of others, and we ask that all our users do the same. With regards to appropriate circumstances and at its sole discretion, the Company may disable and/or terminate the accounts of any user who violates our Terms of Use and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

  1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

  2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

  3. A description of the location of the website which you allege has been infringing upon your work;

  4. Your physical address, telephone number, and email address;

  5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; and

  6. A statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

The Company’s agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:

Kristine Givens, Inc.; Attn: Copyright Agent; 855 S. College Mall Rd, Suite 271, Bloomington, IN 47401

Email: support@kristinegivens.com

SECTION 18 - ENTIRE AGREEMENT

Unless otherwise specified herein, this Agreement, along with the Privacy Policy, Disclaimer, and Terms & Conditions, constitutes the entire Agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and the Company with respect to the Website.  A printed version of this Agreement and 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  It is the express wish to the parties that this Agreement and all related documents be written in English. 

SECTION 19 –  ARBITRATION

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s Courses, Free Content, and other resources made available on our Website.

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 Bloomington, Indiana.  You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to your assets 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 and for the administration of the arbitration.   

SECTION 20 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death.  

SECTION 21- STATUTE OF LIMITATIONS

You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Courses, Free Content, other resources available on the our Website, or our Agreement must be filed within one (1) year after said claim or cause of action arose or shall be forever barred.

SECTION 22 - VIOLATIONS

Please report all violations of this Agreement to Kristine Givens, Inc. as follows:

Kristine Givens, Inc.; 885 S College Mall Rd; Bloomington, IN 47401
Email: support@kristinegivens.com

SECTION 23 - GOVERNMENT REQUESTS

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history.  Our right to disclose any such information is governed by the terms of our Privacy Policy. 

SECTION 24 - FOREIGN ACCESS OF WEBSITE

The Website is controlled, operated, and administered by the Company from our offices within the USA.  If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company’s content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated. 

SECTION 26 – CHANGES TO TERMS

The Company reserves the right, in its sole discretion, to change the Terms of Use under which the Website is offered.  The most current version of the Terms of Use will supersede all previous versions.  The company encourages you to periodically review the Terms of Use to stay informed of our updates. 

SECTION 27 - PRIVACY POLICY

Your use of the Website is also subject to the Company’s Privacy Policy.  Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.  Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.   

 

Effective February 15, 2023