KN reserves the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time. By continuing to use the Site after any such changes have been posted, you accept the Terms of Service, as modified.
Intellectual Property Rights
This Site and all the materials available on the Site are the property of KN and/or affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials in a manner that constitutes an infringement of KN rights or that has not been authorized by KN.
More specifically, unless explicitly authorized in these Terms of Service, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, use individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to KN via the Site, internet groups, social media venues, or via email, text or otherwise, you are representing:
(i) that you are the owner of the material or are making your posting or submission with the express consent of the owner of the material; and
(ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting KN, and anyone authorized by KN, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.
The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant KN, and anyone authorized by KN, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as deemed appropriate.
You acknowledge and agree that any contributions originally created by you for KN allow KN the copyrights to those works. Thus, KN shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, in perpetuity, in all languages, as KN determines. Any posted material which are reproductions of prior works by you shall be co-owned by KN.
You acknowledge that KN has the right but not the obligation to use and display any postings or contributions of any kind and that KN may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by KN or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Throughout the Site, KN may provide links and pointers to Internet sites maintained by third parties. Linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, neither KN nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not KN. Neither KN nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, KN neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites.
Any products, information and services offered through the site by KN and third party sites are provided ‘As Is’ without any warranties, expressed or implied. KN does not warrant that the site will be error-free, without defects, free of viruses or other harmful components.
KN does not warrant the use or the results of the use of the site or material on the site in terms of correctness, accuracy, reliability or otherwise.
You agree at all times to defend, indemnify and hold harmless KN its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each 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 your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the Site may allow you to purchase different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and KN.
A merchant may have privacy and data collection practices that are different from KN. KN has no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release KN and affiliates from any damages that you incur and agree not to assert any claims against KN or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through the KN Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that KN shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.
You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
This Site may include a variety of features which allow feedback to KN and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on LN lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
• Restrict or inhibit any other user from using and enjoying the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks KN use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without KN express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
To use certain features of the Site, you may need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify KN immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
The KN site is constantly under development and KN makes no warranty of any kind, implied or expressed to accuracy, completeness or appropriateness for any purpose.
All education, information and advice KN present is intended for a general audience and does not purport to be, nor construed as specific advice tailored to specific individuals.
Any case studies, examples or illustrations are general guidelines and do not guarantee the user will gain the same results.
If you are dissatisfied with the KN site, the contents, terms and conditions, your sole remedy is to discontinue using the site, materials, products and services.
KN may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.
If you believe in good faith that materials hosted by KN infringe your copyright, you, or your agent may send to KN a notice requesting that the material be removed or access to it be blocked. KN’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Kay@Kay-Newton.com.
This Agreement shall be binding upon and inure to the benefit of KN and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of KN notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by KN to any affiliated entity or any of its wholly-owned subsidiaries.
Class Action Waiver
You may only resolve disputes with KN on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.Share