Website Terms and Conditions of Use with Disclosures and Disclaimers

 

By visiting and using this website, you agree that you have read, understood, and agree to the following Terms and Conditions of Use (“TOU”) by Kirsten Parker Coaching LLC and www. kirstenparker.com (collectively “Kirsten Parker Coaching”).

1. Intellectual Property

This website includes content and materials protected by intellectual property laws, including without limitation written text, logos, photos, videos, music, art, designs and/or graphics.

You are granted a non-exclusive, non-transferable, revocable license to access and make use of Kirsten Parker Coaching content and materials strictly in accordance with these TOU and may view, download, print, email and use the content and materials from this website for personal, noncommercial purposes only.

This means you may view, download, print, email and use one copy of the Kirsten Parker Coaching content and materials for your own personal purpose only. You may not use the content and materials in your own business or for any commercial purpose.

You may not modify, republish, reproduce, duplicate, copy, distribute, reverse engineer, upload, post, encode, transmit, creative derivative works, or otherwise use any content or material from this website for commercial purposes, or in any way exploit any of the content or material, in whole or in part, found on this website.  

Kirsten Parker Coaching content and material is not for resale. Your use of 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 personal use and will make no other use of the content without the express written permission of Kirsten Parker Coaching and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Any reproduction or unauthorized use of any materials found on this website shall constitute infringement.

 

2. Visitor Comments and Posts

Kirsten Parker Coaching may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars 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 only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

If you submit, comment or post any materials (such as photos, videos or written content) to this website, you represent and warrant that: (1) you are at least 13 years old; (2) you are the owner of or have permission to share such materials; (3) you grant Kirsten Parker Coaching a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, edit, translate, reformat, publish, distribute, transmit, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant Kirsten Parker Coaching a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. Kirsten Parker Coaching does not claim any ownership rights in your materials.

 

Please always use caution when giving out any personally identifying information about yourself or your family and choose carefully the materials that you upload to, submit to, or embed on this website and any third-party forums operated by Kirsten Parker Coaching, such as our private Facebook group. Any material you post on this website and third-party forums operated by Kirsten Parker Coaching becomes public. You are responsible for your material and for any liability that may result from the material you post.  You participate, comment, and post material on this website and any third-party forums Kirsten Parker Coaching operates at your own risk.  Any communication by you on this website and third-party forums Kirsten Parker Coaching operates, whether by leaving a comment or participating in a chat room, message board, public forum, chat bot, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, discriminatory, hate speech, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time.

 

Kirsten Parker Coaching is under no obligation to post or use any comment or posted material you may provide. Kirsten Parker Coaching, in its discretion, may delete or modify, in whole or part, any post, comment or submission to this website or to any third-party forums operated by Kirsten Parker Coaching without notice. Kirsten Parker Coaching does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. Kirsten Parker Coaching neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this website or any third-party forums that Kirsten Parker Coaching operates. Kirsten Parker Coaching shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on this website or any third-party forums that Kirsten Parker Coaching operates. Kirsten Parker Coaching reserves the right at all times to disclose any information as necessary to satisfy an applicable law, regulation, legal process or governmental request.

 

To access certain features of this website, including your account or the private membership Facebook group, you may need a username and password. You agree to keep your username and password confidential. During the registration process, you agree to provide true, accurate, current and complete information about yourself. If Kirsten Parker Coaching has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from this website or any third-party forums Kirsten Parker Coaching operates, to any other person, Kirsten Parker Coaching has the right to suspend or terminate your account and refuse any and all current or future use of this website or its online material, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of this website’s Privacy Policy. 

 

3. Visitor Behavior on Website

You are strictly forbidden from the following:

  • Causing damage to this website or third-party forums operated by Kirsten Parker Coaching
  • Using this website or third-party forums operated by Kirsten Parker Coaching for any unlawful, illegal, fraudulent or harmful purpose or activity
  • Using this website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
  • Using this website to in any manner which could disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website
  • Using this website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
  • Systematically or automatically collecting data from this website
  • Obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for through the website.
  • Sharing private and proprietary information from online courses with anyone else

Kirsten Parker Coaching may, without notice, refuse access to its website, in whole or part, to any person that fails to comply with these TOU.

We may post separate rules regarding your behavior in any online community or third-party forum that we may operate, such as our private Facebook group, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these terms.

 

4. DISCLAIMERS and RELEASE OF LIABILITY

This website provides information only, and does not provide any financial, legal, medical or psychological services or advice. None of the content on this website prevents, cures or treats any mental or medical condition. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. Kirsten Parker Coaching  disclaims any liability for your reliance on any opinions or advice contained in this website.

This website is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional.  You should consult with a professional if you have specific questions about your own unique situation. 

 

5. IMPORTANT EARNINGS DISCLAIMER – NO GUARANTEE OF RESULTS OR EARNINGS

You agree that Kirsten Parker Coaching has not made and does not make any specific representations about the earnings or results you may receive. Kirsten Parker Coaching cannot and does not guarantee that you will achieve any particular result or earnings from your use of the website, and you understand that results and earnings differ for each individual.

 

6. Links to Third-Party Products, Services, or Websites 

Any links to third-party products, services, or websites are subject to separate terms and conditions. Kirsten Parker Coaching is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Kirsten Parker Coaching may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. Kirsten Parker Coaching is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kirsten Parker Coaching of the website or any association with its operators. 

Certain services provided by Kirsten Parker Coaching are delivered by third party websites and organizations. By using any product, service or functionality originating from Kirsten Parker Coaching, you hereby acknowledge and consent that Kirsten Parker Coaching may share such information and data with any third party with whom Kirsten Parker Coaching has a contractual relationship to provide the requested product, service or functionality on behalf of Kirsten Parker Coaching users and customers.

 

7. No Warranty

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KIRSTEN PARKER COACHING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIRSTEN PARKER COACHING DOES NOT WARRANT THAT THIS WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

KIRSTEN PARKER COACHING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS , SERVICES, SOFTWARE OR RELATED GRAPHICS, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KIRSTEN PARKER COACHING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

 

8. Indemnification

You agree to indemnify, defend and hold harmless Kirsten Parker Coaching, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s 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 TOU or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kirsten Parker Coaching 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 Kirsten Parker Coaching in asserting any available defenses.

 

9. General Terms

These TOU shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws. The nearest state and federal court to Los Angeles, California shall have exclusive jurisdiction over any case or controversy arising from or relating to this website, including but not limited to the Privacy Policy or these TOU. By using this website, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kirsten Parker Coaching as a result of this TOU or use of the website. Kirsten Parker Coaching’s performance of this TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of Kirsten Parker Coaching’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 Kirsten Parker Coaching with respect to such use.

If any provision of these TOU is held invalid or unenforceable, the remainder of these TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This TOU supersedes all prior written and oral representations. A printed version of these TOU and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU 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 TOU and all related documents be written in English.

Kirsten Parker Coaching may change, modify or update these TOU at any time without notice. Any access or use of this website by you after Kirsten Parker Coaching posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these TOU, contact [email protected]m.

Kirsten Parker Coaching controls and operates this website from offices in the United States. Kirsten Parker Coaching does not represent that materials on this website are appropriate or available for use in other locations. People who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

10. Disclosure of Relationships.

This website is written and edited by Kirsten Parker Coaching. Kirsten Parker Coaching does not accept forms of cash advertising, sponsorships, paid insertions, complimentary products, or other forms of compensation from third parties.

Kirsten Parker Coaching does not have relationships that might present a conflict of interest or influence the content of this website.