Terms & Conditions
The website www.kelseybanfield.com, and all content contained in the website (”Website”), including content posted by third parties (“Third Party Content”), is owned and operated by KMB Media Group, LLC, a Connecticut limited liability company, doing business as Kelsey Banfield Coaching (“we” “us” “our”).
USE OF WEBSITE
A. Please read the following Terms and Conditions before using our Website. By visiting this Website, you (“visitor” “you” “your”) are agreeing that you have read and understand these Terms and Conditions and agree to be bound by them. By using this Website, you also agree that you have read and agree to be bound by the Disclaimer which is linked to the Website.
B. This Terms and Conditions document may be subject to changes or updates, and Website may not provide notice of such changes or updates. We reserve our right to make changes or updates at any time, and you are you are responsible for checking the Terms and Conditions for updates. By continuing to use Website and the content we produce, you agree to be bound by the most updated version of the Terms and Conditions. If you are not in agreement with the Terms and Conditions at any point in time, immediately exit the Website and refrain from using the Website or any of the content on the Website.
3. INTELLECTUAL PROPERTY RIGHTS
A. This Website contains original work that has been created with creativity, originality, dedication, care, detail, planning, and creative thinking. This collection of work is considered intellectual property created and owned by KMB Media Group, LLC, and is protected under Federal and State Intellectual Property Laws, which prevent unauthorized use of our materials, and which also constitutes proprietary information. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Website and within the content provided, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Website, to the extent protectable, and any and all other information accessible through this Website. These protections also include any and all content that appears on the Website, including blog posts, program names, and any other text whether or not authored by us.
B. We do not authorize you to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property on the Website, without our express written consent. If such behavior is discovered or suspected, we reserve the right to immediately revoke your access to our Website, as well as any services you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law. Any requests for written permission to use any content posted on our Website shall be made before you use any such content, and may be made by sending an email with your written request to hello@themanifestingcompany.com.
C. You may be able to post your original content to our Website, including but not limited to blog comments, testimonials, or photos. You may also have the opportunity to respond to generated emails with comments or feedback, comment on a social media live stream, webinar, or any other medium where content is distributed in a manner that allows for participation or feedback. By posting any sort of information, you represent you are the owner of anything you post, and are at least 18 years of age. You also agree and understand that you are assigning and/or licensing and assigning ownership to us and anyone else authorized by us, the irrevocable, unlimited, royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, sell, copy, edit, exploit, or otherwise publicly disseminate any information or content you post, in whole or in part, with or without identifying you as the author of the original post or comment and without payment to you. If we so choose to identify you, you also grant us the right to identify you as the author of any comments, posts, or the like by name, email address, screen name, or any other reasonable manner of identification.
4. YOUR CONDUCT
A. You agree to use our Website for lawful purposes only, and you agree you will not post, comment, or otherwise transmit any content that could harm us or another user, or include anything defamatory, harmful, hurtful, bullying, fraudulent, unlawful, repugnant, which constitutes a violation of another’s intellectual property rights, is vulgar or obscene in any way, or which would constitute a criminal offense or civil wrong, or is otherwise objectionable, and agree to hold us harmless should you do so.
B. You understand that if you post any content, we reserve our unconditional right, in our sole and absolute discretion, to remove any or all of such content and take legal action against you to the full extent permitted by law.
5. INFORMATION YOU PROVIDE
A. In order to gain access to our email list, you may be required to provide information about yourself, including your name, email address, and other personal information. In order to purchase services, you will also be required to submit payment information and a billing address, and may be asked to create a username and password to gain access to your purchased materials. Please note you are responsible for keeping track of your username and password, and understand that you bear the consequences should you choose to share this confidential information with anyone.
B. You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through the Website or a third-party payment processor will be accurate and current, and belong to you. You understand you may not hold yourself out as someone else or use anyone else’s information, and agree to bear the consequences should you use anyone else’s information as your own.
6. TERMINATION OF ACCESS
You agree and understand that we have the absolute right at our sole discretion to refuse or immediately terminate your access to our Website at any time, for any reason, with or without notice. Should this occur, we do not owe you an explanation, nor is this decision subject to any appeals or legal action. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you in an alternate manner also at our discretion, which you agree will be satisfactory to you.
7. LIMITATION OF LIABILITY, NO WARRANTY, RELEASE OF CLAIMS, INDEMNIFICATION, AND PROTECTION OF INFORMATION
A. You agree and understand that, to the fullest extent allowed by law, KMB Media Group, LLC, and its affiliates, owners, employees, agents and contractors, are not liable for any direct or indirect, perceived or actual, fixed or contingent injuries and damages, or harm to your person or business as a result of information found on our Website, and services described on our Website, and any incorrect or inaccurate information on the Website, and any Third Party Content, including, but not limited to, general, specific, incidental, consequential, punitive, or special damages. Further, you also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus , defect or delay, or any other similar issue caused by use of our Website.
B. You also agree and understand that, to the fullest extent allowed by law, we make no warranties, express or implied, warranties regarding fitness for particular purpose, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Website, the content on the Website, Third Party Content, content distributed through email lists, social media, or via webinars and coaching packages. Our Website may feature testimonials from clients. These testimonials are not to be considered a guarantee that current or future clients will have the same experience or the same results.
C. You also agree and understand that, to the fullest extent allowed by law, you will defend, fully indemnify and hold KMB Media Group, LLC, and its affiliates, owners, employees, agents and contractors, harmless from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Website, or any services contained therein, as well as any third party claims of any kind (including attorney’s fees) arising from your actions in relation to our Website or any breach by you of any conditions outlined herein. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.
D. You also acknowledge and agree that we have no responsibility or liability for policies or actions of third-party payment processing companies we select and use to facilitate purchases through our Website.
E. Regarding information you provide us, we will take reasonable precautions and measures to keep information you provide us private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.
8. GOVERNING LAW AND DISPUTE RESOLUTION
A. In case of a dispute relating to or arising out of the Website, you and we agree to submit the dispute to binding arbitration. The arbitration shall be conducted in Fairfield County, Connecticut before a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. Each Party shall pay their own costs and fees and the cost of the arbitrator shall be shared equally. The Parties waive any rights they may have to a jury trial in regard to arbitral claims. An arbitration award may be confirmed in any court of competent jurisdiction..
B. All disputes regarding or relating to the Website shall be governed by and construed in accordance with the internal laws of Connecticut without giving effect to any choice or conflict of law provision or rule. Should Federal law be the only governing law applicable to an aspect of a dispute regarding the Website, then the arbitrator shall apply Federal law to that aspect of the dispute the dispute.
C. Should an arbitrator determine any portion of these Terms and Conditions is invalid or otherwise unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and unaffected by the removal of any portion of these Terms and Conditions.
D. These Terms and Conditions constitute the entire agreement between us with respect to your use of our Website, content, and services, and supersedes any other agreement, with the exception of any separate agreements you may have entered with us regarding services we offer and which may have been presented on the Website.
Should you have any questions with respect to any of the foregoing, please contact us at hello@kelseybanfield.com.
9. ACCEPT AND AGREE
Your use of www.kelseybanfield.com constitutes full and complete acceptance and agreement with these Terms and Conditions and with the Disclaimer regarding the Website.
Please contact hello@kelseybanfield.com with any questions or concerns.