These Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms and Conditions.
This Website is not for use by any minors (defined as those who are not at least 16 years of age), and you must not use this Website if you a minor. By agreeing to use this website, you confirm that you are at least 16 years old.
Variation or Changes to Terms
New Confidence Career Consulting is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Access and Account Security
We reserve the right to withdraw or amend this Website and any service or material 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.
If you choose, or are provided with, a user name, 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. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use 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.
Intellectual Property Rights
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and 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 changes thereto.
You will 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 of the 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 from the Website does not entitle you 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. 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 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.
The Company name, the Company logo, the Company slogan, and all related names, logos, product 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.
Other than content you own, which you may have opted to include on this Website, under these Terms, Kirstin Schwartz – New Confidence Career Consulting and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from the following:
- Publishing any Website material in any media
- Selling, sublicensing and/or otherwise commercializing any Website material 3. Publicly performing and/or showing any Website material
- Using this Website in any way that is, or may be, damaging to this Website 5. Using this Website in any way that impacts user access to this Website 6. Using this Website contrary to applicable laws and regulations, or in a way
that causes, or may cause, harm to the Website, or to any person or business entity
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website 8. Using this Website to engage in any advertising or marketing
For Educational and Informational Purposes Only
As set forth more fully 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 is not intended as, and shall
not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Accuracy and Personal Responsibility
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
No Guarantees as to Results
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 innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether 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.
For services, products, or courses purchased through JH Marketing Results, LLC, there are no refunds of any kind. All monies paid are non-refundable and non transferable. Details are outlined in additional contracts for private one-on-one customers.
Email and Other Electronic Communications
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.
Use of Communication Services
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 only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to The Website
The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Links to Third Party Websites and Services
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, 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.
Use of Templates and Forms
The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non transferable 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/or forms for your 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.
Use of Paid Courses, Consulting, Programs, and Associated Material
The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non exclusive, non-transferable license to use our courses, consulting, programs, and associated material (collectively the “Courses / Consulting”) 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 Courses / Consulting in any manner.
By ordering or participating in Courses / Consulting, you agree that the Courses / Consulting 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 Courses / Consulting, you further agree that you shall not create any derivative work based upon the Courses / Consulting and you shall not offer any competing products or services based upon any information contained in the Courses / Consulting.
Use of Free Downloadable Content
The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium 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 Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium 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 Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
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 truth of any information provided and cannot guarantee the veracity 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.
Cancellation of Subscription
Certain of the Company’s products and services are offered on an ongoing basis with a monthly or yearly subscription. Users may cancel subscriptions at any time by emailing firstname.lastname@example.org
Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation.
The company makes no warranties regarding the performance or operation of this website. The company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extent permissible under the law, the company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve the company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.
The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are
periodically added to the information herein. The company and/or its suppliers may make improvements and/or changes in the website at any time.
The company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
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 products and services.
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 Virginia. 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 you asserts 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.
The Service is controlled, operated, and administered by the Company from our offices within Australia. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ 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 Agreement 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 defence 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 defences.
Termination and Access Restriction
If there is a violation of these Terms and Conditions, liquidated damages will be sought for $100,000+ USD. This includes, but is not limited to breaking copyright, breaking non-disclosure agreements, sharing course materials with non-purchasers, breaking intellectual agreements, etc. Kirstin Schwartz – New Confidence Career Consulting has full rights to pursue a lawsuit, injunction against the user, seek damages incurred, etc. for violations.
No Joint Venture or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in 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 liability limitations set forth above, 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.
For questions, please contact Kirstin Schwartz, email@example.com, 22 Warrenwood Place, Langwarrin, Vic, 3910.
General Course and Program Contract with Kirstin Schwartz – New Confidence Career Consulting
This contract is a legally binding agreement between the purchaser (“Client”), and Kirstin Schwartz – New Confidence Career Consultant (“Consultant”). By purchasing any Program from Kirstin Schwartz – New Confidence Career Consultant (“Consultant,” “Company”, “we”, or “us”), you agree and consent to the following legal terms and conditions that govern your use of the Program.
Whereas the Consultant will deliver the Client course and program materials, as outlined on the sales page.
Whereas the Client will compensate the Consultant for said program, based on the payment plan at purchase (See Sec. 3).
Whereas this agreement is binding.
Whereas the Client has the option to upgrade their base Consulting services in exchange for an agreed payment.
Use and Consent
This Program does not guarantee income, success, or any projected increase in sales or revenue. Company cannot guarantee any success from taking this Course. Each person’s success and results depend on many factors including dedication, desire, motivation, execution of strategies properly, and type of business. You accept the risk of not achieving any results (or less than desirable results) from taking the Program.
The Consultant is not legally liable or required to be knowledgeable of the legal implications of the marketing strategies implemented or the nature of the Client’s business. The Client is responsible for researching and abiding by all local, state, and country laws when implementing the Consultant’s strategies. This may include, but is not limited to, contests, affiliate or referral programs, social media posts, live trainings, marketing copy or content, sensitive topics (trauma, healing, disorders, etc.), etc.
Consultant is not liable for lack of results due to poor implementation of the marketing strategies, lack of consistency, an unengaged or targeted audience, lack of personal action, etc. Client understands that sales take time, consistency, and long-term marketing efforts that extend beyond Consulting program.
With mindset and personal manifestation work, it is the Client’s responsibility to seek professional support, trauma support, or mental health care should they get triggered
by working through activities in this program. Kirstin Schwartz – New Confidence Career Consultant is not a medical professional, doctor, or able to give mental health or medical advice. It is the Client’s responsibility to seek support outside of the program if they feel they need additional help. This Program does not provide any professional financial, legal, medical or psychological services or advice. None of the content of the Program cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Program disclaims any liability for your reliance on any opinions or advice contained in the Program.
Any third-party links to products or services are subject to separate terms and conditions. Program is not responsible for or liable for any content on or actions taken by such third-party websites. Although Program may recommend third party sites, products or services, it is your responsibility to fully vet such third parties before entering into any transaction or relationship with them.
Purchases and Online Commerce
By purchasing the Program, you give us permission to automatically charge your credit or debit card as payment for your Program without any additional authorization, for which you will receive an electronic receipt. You also agree to being added to the Kirstin Schwartz – New Confidence Career Consultant, email list for marketing and promotional emails.
Late Payment and Compensation Policy
Consultant will be paid in total for the program through either pay-in-full or a payment plan option. This fee is non-refundable or transferable. All payments are due at time of purchase or at specific dates each month.
If payment is not received by the date due, you will have a three (3) day grace period to make the payment. If payment is not received by the third day, the Client’s access to the Program will not continue and we reserve the right to cease your access immediately and permanently. Any bonuses you received during purchase will also be removed from access.
purchase. You will also lose access to any content within the Program and any bonuses received upon purchase.
There is a no refund policy. You acknowledge that we do not offer refunds for any portion of your payment for any of our Programs and no refunds will be provided to you at any time.
Intellectual Property Rights
Our Programs are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
When you enrol in or purchase our Programs you agree that you are clearly and expressly prohibited from copying, sharing or stealing our Program materials or any parts in any way or for any reason. These cannot be re-taught to your clients, shared with other members on your team, or used / viewed by any other person than the original purchaser.
The Consultant has created a unique and individualized strategy and process for visibility marketing. Verbal consulting, written consulting, and any content delivered / feedback is copyrighted and considered intellectual property of the Consultant.
The Consultant has developed through substantial effort, research, time, and expense certain inventions, design concepts, methodologies, technical know-how, copyrightable material and trade secrets directed and related to creating visibility marketing campaigns (“INFORMATION”);
The Consultant desires to disclose the INFORMATION on a confidential basis to the Client solely for the purposes of creating an actionable marketing strategy for visibility and future sales.
The Consultant desires to maintain the confidentiality of the INFORMATION and the protection of Consultant’s intellectual property rights.
In consideration of the mutual promises, covenants, and conditions contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
The Consultant agrees to disclose INFORMATION to the Client to facilitate Client’s marketing strategy.
The Client agrees to receive such INFORMATION and to refrain from copying, disclosing, using, selling, or offering for sale any and all of said INFORMATION or knowledge gained from the INFORMATION, other than at the request of the Consultant. The Client agrees to keep confidential and refrain from disclosing any and all of the INFORMATION and to take all necessary and reasonable steps to prevent unauthorized disclosure or use of any and all of the INFORMATION.
No right or license is granted by the Consultant to the Client in connection with the technical information, inventions, strategy, content, etc. disclosed under this agreement. All documents or materials constituting the INFORMATION and all reproductions thereof shall at all times remain the sole property of the Consultant and shall promptly be returned by the Client upon request.
This Agreement shall remain in force in spite of disclosure of the INFORMATION by the Consultant in the form of patent applications, copyright applications, or other disclosures.
The Client shall not make, or cause to be made, any copies, facsimiles or other reproductions including data files of any documents containing confidential information of the Consultant and to use all other reasonable means to maintain the secrecy and confidentiality of the confidential information of the Consultant. This includes, but is not limited to, sharing documents or strategies with Virtual Assistants, employees, Clients, or to those other than the individual receiving the Consulting – via email, implementation of another kind, or verbal.
The Client shall not institute any action or suit at law or in equity against the Consultant, nor institute, prosecute or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action arising out of the INFORMATION or any INTELLECTUAL PROPERTY thereof, including but not limited to, claim, demand, action, or cause of action for invalidating any INTELLECTUAL PROPERTY of the Consultant.
The Client agrees that should they breach any of the promises contained in this Agreement that the Consultant would suffer irreparable harm and the Consultant would be without adequate remedy at law and that the Consultant may obtain injunctive relief, including specific performance of the Agreement, as well as monetary award for damages suffered by the Consultant for the Client’s breach of this Agreement.
A party shall not be deemed to have waived any rights hereunder unless such waiver is in writing and signed by a duly authorized officer of the party making such waiver.
Should a court of competent jurisdiction find that any portion of this Agreement is invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the parties shall use reasonable efforts to substitute a valid, legal, and enforceable provision that implements purposes of the provision so held invalid, illegal, or unenforceable to any extent permissible under the law.
Your License to Us
By posting or submitting any material on or through our Programs, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 16 years old.
You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, transmit, sell, distribute, and/or publicly display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs and/or our marketing or promotional efforts.
By participating in our Programs, Products and Services, and using our Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program in our current or future Programs and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
When you apply for, enrol in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or Program Materials, we take measures to protect the security of your Confidential Information both online and offline. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore, submitting Confidential Information, data or other information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
We try to ensure that the availability and delivery of our Programs is uninterrupted and error-free, including our content and communications through methods like our Website, membership portal, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts / slides, handouts, eBooks, or any other materials provided by us to you.
However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs inaccessible to you.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of this information is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information
may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
If the Kirstin Schwartz – New Confidence Career Consulting business no longer exists, prior purchased content will or may no longer be available to you, including, but not limited to, training modules, Facebook Groups, or access links. If the nature of social media changes, access may no longer be offered for programs or content held inside social media platforms.
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, 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 our Programs or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
Limitation of Liability
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, or in any way or in any location. In the event that you use our Programs or any other information provided by us or affiliated with us, we assume no responsibility.
Establishing an online and marketing presence and initiating a two-way flow of communication between the Client and the public can have unintended consequences on the Client’s reputation and business success. Increasing visibility online can bring additional positive and negative attention to a business in multiple ways. Should this occur, the Client waives its right to hold the Consultant responsible for any damage and/or liability that may arise from the Consultant’s advice, content, or recommendations.
Release of Claims
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
You are agreeing that you will not use our Programs in any way that causes or is likely to cause the Programs, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You must use the Programs for lawful purposes only. You agree that you will not use our Programs in any of the following ways:
- For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
- To send, negatively impact, or infect our Programs with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not • To cause annoyance, inconvenience or needless anxiety
- To impersonate any third party or otherwise mislead as to the origin of your contributions
If you have a question or concern about your Programs, Products, Services, or Program Materials, you may send an e-mail to firstname.lastname@example.org and we will do our best to reply to your question or concern promptly.
It is hoped that should we ever have any differences we could be able to work them out amiably through e-mail correspondence.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Programs. Client agrees not to attack or criticize Kirstin Schwartz – New Confidence Career Consultant or any employee / contractor publicly (public forums, blogs, social networks, private groups, etc.) at any time during or subsequent to contract period. In case of breach of this clause, client agrees to pay USD $30,000 in damages to Kirstin Schwartz – New Confidence Career Consultant.