KarynHumphries.com – Terms of Use
Last Modified: 8/21/18
Acceptance of the Terms of Use
These are the Terms of Use that govern Your use of the website at KarynHumphries.com (the “Site”). The Site is owned by Karyn Humphries, CPLC, LLC (“KH”) and is used to provide you with information about Karyn Humphries, CPLC, LLC to tell you about the coaching services (“Services”) KH provides, and to collect information about you if you choose to provide it on the Site’s contact form.
The Services are available to be obtained by users over the age of 18. You represent and warrant that you are at least 18 years of age if you use the Site.
Changes to the Terms of Use
KH may revise and update these Terms of Use from time to time in KH’s sole discretion. All changes are effective immediately when KH posts them and apply to all access to and use of the Sites thereafter.
Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes
Accessing the Sites
KH reserves the right to withdraw or amend the Site, and any Service, in KH’s sole discretion without notice. KH will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
You may not access part of the Site to which you are not authorized.
As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. You are responsible for maintaining the confidentiality of your password.
Fees and Payment
If you decide to purchase coaching sessions (“Sessions”) through KH’s shop, you agree to pay the fees corresponding to the Session package (“Session Package”) you choose. KH reserves the right to change the fees for Session Packages. Unless otherwise stated, all fees are non-refundable.
You are responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of your purchase of a Session or a Session Package, excluding income taxes on profits of KH.
Intellectual Property Rights
The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by KH, KH’s licensors or other providers of such material and are protected by United States copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, except to the extent the Site includes public domain materials, namely Bible quotes.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If KH provides social media features with certain content, such as links to Facebook or Twitter, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the acKHing text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
- Use any materials from the site for any purpose other than your personal non-commercial use.
If You print, copy, modify, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Sites will cease immediately and You must, at KH’s option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Sites or any content on the Sites is transferred to You, and all rights not expressly granted are reserved by the KH. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The KH name, any logos appearing on the site, the domain name, and all related names, logos, product and service names, designs and slogans are trademarks of KH or KH’s affiliates or licensors. You must not use such marks without the prior written permission of the KH. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners.
Prohibited Uses
You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm the KH or users of the Sites or expose them to liability.
- To use the Site, launch any attack against the Site, or use any device such as spiders or robots in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Changes to the Sites
KH may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and KH is under no obligation to update such material.
Information About You and Your Visits to the Sites
All information KH collects on this Site is subject to KH’s Privacy Policy.
Linking to the Sites and Social Media Features
You may link to KH’s homepage, provided You do so in a way that is fair and legal and does not damage KH’s reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on KH’s part without KH’s consent. KH may also request the removal of links to her page that come from websites that KH believes, in KH’s sole discretion, are not in keeping with the message or reputation of Karyn Humphries, CPLC, LLC.
You agree to cooperate with us in causing any unauthorized linking immediately to cease. KH reserves the right to withdraw linking permission without notice.
KH may disable all or any social media features and any links at any time without notice in KH’s discretion.
Links from the Sites
If the Sites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. KH has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any of the third-party Sites linked to this Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.
Disclaimer of Warranties
You understand that KH cannot and does not guarantee or warrant that the Site will be free of viruses or other destructive code. KH will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site, your downloading of any material posted on it, or on any websites linked to it.
THE SERVICES OFFERED BY KH ARE COACHING SERVICES. KH DOES NOT GUARANTEE ANY PARTICULAR OUTCOME AS A RESULT OF YOUR USE OF THE SERVICES PROVIDED BY KH. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE KH NOR ANY PERSON ASSOCIATED WITH THE KH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE KH NOR ANYONE ASSOCIATED WITH THE KH REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THATKH’s SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE KH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE KH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless KH, KH’s affiliates, licensors and service providers, and all of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your Contributions, any use of the content on the Sites, or the obtaining or performing the Services, other than as expressly authorized in these Terms of Use or your use of any information obtained from the Sites.
Governing Law and Jurisdiction
All matters relating to the Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in the City of Nashville and County of Davidson. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the KH of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the KH to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.