Policies & Terms of Service
Last Updated: September 24, 2019
Thank you for visiting the kimleischner.com web site. You arrived at this Terms of Service and Use from the above site, referred to herein as “this web site”
ACCEPTANCE OF TERMS
You acknowledge and agree that all content and materials available on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of Company. For information on requesting such permission, please contact me at email@example.com.
Further, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this section, the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
LIMITATIONS ON USE
You must be at least eighteen (18) years old to access this web site. If you are not at least eighteen years old, you are not permitted to access this web site for any reason.
If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
After completion of the registration data and creation of your username, you will receive a random password—which you can later change—and account designation. It shall be your responsibility to maintain the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Company immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Company shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
USE LICENSE OF DIGITAL DOWNLOADS
Permission is granted to temporarily download one copy of information, tools and resources on Kim Leischner’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on this website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Upon registration, you hereby acknowledge that by using Company to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you that you send through our network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
Company strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates I cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can I assume responsibility for these errors. In the event a product listed on this website is labeled with an incorrect price due to some typographical, informational, technical or other error, Company shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Company are provided as resources to customers looking for additional information and/or professional opinion. Company does not assume responsibility for the claims and/or representations made on these or any other websites.
By making a purchase on this website, and submitting your order, you are agreeing to pay the listed price in full. You authorize Kim Leischner to charge your PayPal account as payment or credit card for your product or service. Furthermore, you agree that you are responsible for full payment of fees for your order, regardless of whether you actually use the product or all of the service hours purchased on retainer.
Payments are accepted via PayPal.
User understands and agrees that if you have been extended a generous payment plan option, your subscription for services is a monthly recurring charge billed every 30 days, or on the same day each calendar month, for the number of payments specified, unless product and payment details state otherwise.
Client hereby understands and agrees that if recurring payment for a service is skipped, declined or late, all services will cease immediately until payments have been reinstated. In some cases, a late fee may be applied. This will be clearly stated in the contract signed.
[ANY COACHING OR PROGRAM SPECIFICS HERE]
A contract must be signed for all coaching services. If the working arrangement changes, the contract terms will be reviewed and a new contract will need to be signed.
CANCELLATIONS AND TERMINATION OF SERVICES:
I am committed to providing all clients with excellent service. By making your purchase, you agree that the Company may, at its sole discretion, limit, suspend, or terminate your services without refund or forgiveness if you become disruptive or difficult to work with before or during your service term or if you fail to honour your agreements in the contract.
RETURN & REFUND POLICY
Client understands that payments made are not refundable. Services are considered rendered at the time of payment, as extensive planning, strategizing, designing and setup has been delivered in advance that cannot be returned. An exception may be made in the event that Kim Leischner cannot complete services as outlined in the contract. Refer to your contract for specific details.
Digital products are not refundable.
Canadian sales tax is charged to all Canadian residents based on the resident’s location.
THIRD PARTY REFERENCES / HYPERLINKS
This web site may link you to other sites on the internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Company, and you acknowledge that Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.
INFORMATION YOU SUBMIT
You hereby warrant that any information you submit to Company through this web site (via comments, forums, forms, groups, membership area, etc.) is owned by you and that you have the necessary authority to submit such information. You hereby grant Company a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to Company.
Company retains the right to display the artwork created for client in marketing materials to showcase their work and expertise. Company also retains the right to share case studies of strategies implemented for client. Company may use items in marketing materials, including but not limited to: website portfolios, videos, presentations, photographs, social media image galleries, articles, blogs, social media platforms, etc. Client may request in writing to retain privacy and anonymity if they choose.
You further agree that you shall not submit or transmit any content through this web site or to Company that is:
- Obscene, vulgar, or pornographic;
- Encourages the commission of a crime or violation of a law;
- Violates any state or federal law in the U.S. and/or the jurisdiction in which you reside;
- Infringes the intellectual rights of a third party;
- Is otherwise offensive or inappropriate based upon the type of content and information provided by Company and/or third parties on this web site;
- Harass, stalk or otherwise abuse another user;
- Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
- Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to me, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
- Transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
- causing harm to minors in any manner whatsoever;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
- interfering with or disrupting any Company Services, servers and/or networks that may be connected or related to this website, including but not limited to the use of any device software and/or routine to bypass the robot exclusion headers;
- providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
Company reserves the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in Company’s sole discretion, without liability or warning to you.
Company reserves the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold Company harmless from any consequences or actions taken by Company in cooperation with such law enforcement investigation or court order.
[State your methods of communication for general communication, coaching calls, etc.]
If you need to contact me, you can email me at firstname.lastname@example.org or send me a letter at: Kim Leischner, D105-1400 Alta Lake Road, Whistler, British Columbia, Canada V8E 0G9.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
EARNINGS & INCOME DISCLAIMER:
The information contained in these Materials and Services are strictly for educational or informational purposes. The testimonials and examples used in our marketing materials are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including industry, services and products offered, competitive position in the marketplace, etc. Therefore, if you wish to apply ideas contained in these Materials, you are taking full responsibility for your actions and are assuming all risks associated with same.
See Earnings Disclaimer for more information.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
SEVERABILITY AND INTEGRATION