Terms and conditions

 

  Terms of Use  (updated 7/12/17)

Please read these Terms of Use carefully before purchasing or accessing or using any of our Programs, Products and Services.

Terms of Use

Our Programs, Products, and Services, including but not limited to all of our online programs, in-person events, physical products and mobile applications (together “Programs, Products and Services”) are owned and operated by Path to Growth, LLC (“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Products and/or Services. 

These Terms of Use for our Programs, Products, and Services (“Terms of Use”) state how you may use our Programs, Products and Services and Program Materials, and their content. Please read these Terms of Use carefully.  We reserve the right to change these Terms of Use from time to time.

By using any of our Programs, Products and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Programs, Products and Services.

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Use and Consent

By purchasing or using any of our Programs, Products or Services, you agree to abide by these Terms of Use as well as our Disclaimer, Terms and Conditions and Privacy Policy,(available in the footer of our primary website here) and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing or using our Programs, Products, Services or Program Materials, in any manner constitutes use of the Program, Products, Services and Program Materials, and your agreement to be bound by these Terms of Use.

All of our Programs, Products, Services and Program Materials are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Program, Product, Service or Program Materials by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Programs, Products, or Services or our Program Materials, you represent and warrant that you are at least 18 years old.

You understand that you are solely responsible for all electronic communications and content sent from your computer or portable device to our Programs, Products and Services or to us. You are also solely responsible for any content that you post or transmit and, if you create an account, you are solely responsible for all content posted or transmitted through or by use of your account, including but not limited to all data, text, files, information, usernames, passwords, graphics, photos, comments, applications and links to other content, websites or materials that you submit, post or display (collectively “Content”) through our Programs, Products and Services. In no way are we responsible for the Content that is posted or shared by you or other users through our Programs, Products and Services.

You agree to use the Programs, Products and Services for lawful and approved purposes only. You agree that your violation of these Terms of Use, in letter or in spirit, may result in the immediate termination of your account. You also agree that any of your actions or omissions that otherwise may cause risk or possible legal exposure for us may result in termination of your account and the immediate termination of the use of our Programs, Products and Services, based on our sole discretion. 

You agree that you are responsible for all data charges or costs that you may incur by using our Programs, Products and Services.

Intellectual Property Rights

Our Limited License to You. Our Programs, Products, and Services and all the Program Materials are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content in our Programs, Products and Services is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Program Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.


If you purchase or access any of our Program Materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs, Products or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

You are being granted a limited license to use our Program, Products and Services, and Program Materials with permission and restrictions. This means that when you purchase a Program, Product or Service from our Website or otherwise, you are purchasing the limited right to use the Program Materials in the form that is provided by us to you with certain conditions as specified in these Terms of Use.

Permissible Use and Conduct.  By purchasing, accessing or using any of our Programs, Products or Services, you agree that you are subject to these Terms of Use and required to act in accordance with them, our Privacy Policy, and any other terms and conditions that may apply to our marketing of our Programs, Products and Services or to the offering of special features that may be available through our website or from us.

You are permitted to use our Programs, Products, Services and Program Materials as follows:

You are permitted to download and/or print free resources from our Website or e-mail correspondence, e-newsletters, or other publicly shared information that are NOT a part of any paid Program, Product or Service for your own personal or business use, but only provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page(s) from which the information was obtained.

You may also download and/or print Program Materials for your own personal use.

However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes for your own business use. 

Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta-tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Information You Are Prohibited from Sharing with Others.  As a Licensee, you understand and acknowledge that our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use. 

When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:

  • You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them. 
  • You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.
  • You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
  • You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Program, Product, Service, and Program Materials.
  • You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.
  • You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
  • You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
  • You may not engage in improper and/or unauthorized use of our Program Materials or any other information related to our Programs, Products, or Services. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through our Programs, Products or Services or any other communications provided by us to you promoting or relating to the Programs, Products or Services.

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Programs, Products or Services or Program Materials as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.

You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.

Limitations on Linking and Framing.  You may establish a hypertext link to our Website or content so long as the link does not state or imply any sponsorship, endorsement by, or ownership in our Website or content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our content without our written permission.

Your License to Us.
 By posting or submitting any material on or through our Programs, Products, Services or Program Materials, 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 18 years old.

When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, we do not claim ownership rights; rather, you are granting us, and anyone authorized by us, an unlimited, 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 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, Products, Services and/or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services and/or Program Materials at any time for any reason whatsoever. 

By posting or submitting any Content through the Programs, Products and Services you are representing that: (i) you have the legal capacity and right to enter into these Terms of Use in your jurisdiction; (ii) you are the owner of the Content, or are making your posting or submission with the express consent of the owner of the Content in compliance with these Terms of Use; (iii), by the posting and sharing of your Content on or through the Programs, Products and Services you are not violating, infringing on, or misappropriating the rights of any other person or entity, including but not limited to, privacy rights, publicity rights, copyright, trademark and/or other intellectual property rights; and (iv) you agree to pay for any and all fees, royalties, or other monies owed by virtue of the Content you post on or through our Programs, Products and Services.

Media Release. 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, Product or Services in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future. 

Request for Permission to Use Content

Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an e-mail to info@kerinola.com.

We very clearly state that you may not use our Programs, Products, Services or Program Materials, in whole or in part, in any way that is contrary to these Terms of Use unless we have given you specific written permission to do so.

If you are granted permission by us, you agree to use the specific content that we allow and ONLY in the ways for which we have given you our written permission.

If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Programs, Products, Services or Program Materials.

Our Rights

We reserve the right to modify or terminate the Programs, Products and Services or your access to the Programs, Products and Services or to force forfeiture of any username at any time, without notice and for any reason, with no liability on our part.  We reserve the right to refuse access to the Programs, Products and Services to any person, at any time, without notice and for any reason.

We have the right, but not the obligation, to monitor, edit, remove, and/or block your account or any Content that we perceive, in our sole discretion, to be violating these Terms of Use.

We have the right, but not the obligation to, monitor or become involved in any disputes between you and other users if we believe, in our sole discretion, that it is in our best interest.

We are not responsible for and do not endorse any Content posted through our Programs, Products and Services. You understand that we have the right, but not the obligation, to prescreen, monitor, edit or remove any Content from the Programs, Products and Services for any reason without prior notice. 

We reserve the right to revise or update these Terms of Use in our sole discretion at any time (“Updated Terms of Use”). We may notify you of the Updated Terms of Use that your use of the Programs, Products and Services after the effective date of the Updated Terms of Use constitutes your agreement to the Updated Terms of Use. The Updated Terms of Use will become effective at the time of posting, unless a different date is specified in the Updated Terms of Use and they will apply to your use of the Programs, Products and Services, immediately and going forward. We will provide reasonable advanced notice before the Updated Terms of Use become effective, unless we make a change for administrative or legal purposes. We instruct you to review any Terms of Use or Updated Terms of Use before using the Programs, Products and Services. Should any dispute arise before the effective date of the Updated Terms of Use, the Terms of Use that were in place prior to being updated will apply.

Our Programs, Products and Services, including any Applications, may be supported by advertising revenue and may display advertisements and promotions, and you agree that we may place or display such advertising and promotions on or through our Programs, Products and Services, or on, about, in, near, or in conjunction with your Content. Advertising and promotions may change at any time in the manner, mode and extent in which is it delivered or displayed and it is subject to change without advance or specific notice to you. We are not responsible or liable for the content, services, functionality, interruptions or distraction of such advertising or promotions. You acknowledge that we may not always acknowledge or identify advertising or promotions, including but not limited to paid services, sponsored content or other communications.


We assume no responsibility for errors or omissions in the Programs, Products and Services you are using, or in the photos, comments, likes, or external website links referenced by or linked to the Programs, Products and Services. 


Security

 

When you apply for, enroll 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, Applications, mobile applications, and mobile devices, we cannot completely ensure or warrant the security of any Content or information transmitted to us or through our Programs, Products and Services. Submitting Confidential Information, Content, data or posting, sharing, or accessing information is solely done at your own risk. You understand and agree that the posting, sharing or submission of Confidential Information, Content, data or any other information by you or any other user may not be fully secure.

Content that may be removed by us from the Programs, Products and Services may continue to be stored by us, including without limitation, in order to comply with certain legal obligations, but it may not be kept private or secure or, to the contrary, it may not be retrievable without a court order. Therefore, we encourage you to maintain a copy of your own Content and back it up frequently. We do not provide a Content back up service and you agree that you will not rely on us for the purposes of back up, storage, security, or retrievability of your Content.

Except as otherwise described in our Privacy Policy, any Content that is not Confidential Information will be non-confidential and non-proprietary and we will not be liable for the disclosure of such Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary or other type of special relationship and that your decision to submit Content does not place us in any special position that is different than members of the general public, including as it relates to the security, confidentiality or non-disclosure of your Content. None of your Content is considered confidential, other than Confidential Information, and it is not subject to any confidentiality or security obligations by us, and therefore we are not subject to liability for any use or disclosure of any Content that you provide.

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.

Personal Responsibility and Assumption of Risk


As a Licensee, you agree that you are using your own judgment in using our Programs, Products, Services and Program Materials and you agree that you are doing so at your own risk. Our Programs, Products, Services and Program Materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs, Products, Services and Program Materials. Our Programs, Products, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs, Products, Services and Program Materials. You acknowledge that you are choosing to voluntarily purchase and/or use various Products, including but not limited to crystals, jewelry, herbs, candles, essential oils, vibrational remedies. You recognize that these Products may contain certain inherent risks such as allergic reactions or other sensitivities and you are choosing to use these Products at your own risk with liability to us.

We take every precaution to protect our Programs, Products, Services and Program Materials. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Programs, Products, Services and Program Materials or the contributions or information transmitted to us on or through our Website or our Programs, Products, Services and Program Materials. Submitting contributions or information on our through our Programs, Products, Services and Program Materials is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Programs, Products, Services and Program Materials and you agree that you are assuming such risks.

Disclaimer

Our Programs, Products, Services, and Program Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.

Medical Disclaimer. Our Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.  We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

Legal and Financial Disclaimer. Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials. You are solely responsible for your results.

Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product, Services or Program Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs, Products, Services and Program Materials and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

No Guarantees of Income or of Any Kind. Our role is to support and assist you in reaching your goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot and do not guarantee that you will attain a particular result, income increase, or health benefit, and you accept and understand that results differ by each individual. Each individual’s success depends on his or her background, dedication, desire, and motivation, and a whole host of additional factors.  As with any Program, Product or Service or use of Program Materials, your results may vary, and will be based on many variables, so therefore no guarantees can be made.  Any testimonials or examples shown through our Website, Programs, Products, Services or Program Materials are only estimates of what might be possible for you. There can be no assurance as to any particular outcome based on the use of our Website, Programs, Products, Services or Program Materials. You agree that we are not responsible for the success or failure of your business or life decisions, the increase or decrease of your finances or income level, improvement or decline of your health, or any other result of any kind that you may have as a result of purchase or use of our Website, Programs, Products, Services or Program Materials. You are solely responsible for your results.

Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Technology Disclaimer. We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, 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, Products, Services or Program Materials 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, Products, Services or Program Materials inaccessible to you.

Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research 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.

Links to Other Websites. We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services or Program Materials. These links are provided for your convenience and the inclusion of any link in our Programs, Products, Services or Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its content, or their accuracy or reliability. There may be services, features, communications or links through the Programs, Products and Services or through your or others’ accounts or Content to external third party or social media websites, photos, images, content, individuals, companies, accounts or features (collectively “Third Party Content”). You should exercise caution and look at the privacy statement of the third party website or social media sites you are visiting or using. Once you have used these links to leave our Programs, Products and Services, you should note that we do not have any control over that Third Party Content. We bear no responsibility Third Party Content and we accept no liability for any of the views, facts, opinions, or references used therein whatsoever. Information posted in or through our Programs, Products or Services or linked to a third party website, may express a perspective which may or may not necessarily reflect our views and we are not liable in any way for their correctness, accuracy, timeliness, reliability or otherwise, or lack thereof. Because we do not control, maintain, or endorse any Third Party Content, therefore you agree that we are not responsible or liable in any way for any Third Party Content or the dissemination of any information by you or others to third parties or for access, use or display through their Third Party Content or any damage, or otherwise, that may arise from your use thereof, and, therefore, we do not guarantee the accuracy, completeness, or usefulness of any other website or the Third Party Content. It is your responsibility to review the terms and conditions and privacy policies of those linked Third Party websites to confirm that you understand and agree with those policies. There may be functionality accessible through the Programs, Products and Services where you may view or interact with third parties and Third Party Content, including accessing or connecting with to a third party or Third Party Content or service in a way that it may be viewed or shared publicly through their services, website, or applications, for ease, convenience or enjoyment by you and/or others (“Applications”). Such Applications may interact with, connect to, or pull or gather information from or to your Programs, Products and Services account, Content, and/or profile. You have the right and discretion to choose to use such Applications at your own risk and by so doing you acknowledge and agree that (1) To use such Applications and functionalities, typically you are required to provide to log into your third party account and consent to the sharing of information with the third party, and should you choose to do so, you expressly understand and agree that you are consenting to such information being shared and that YOU DO AT YOUR OWN RISK AND WITH NO LIABILITY TO US; (2) Your use of the Applications may result in personally identifying information being posted, shared or disclosed publicly and you have full knowledge and consent to such risk with no liability to us; and (3) Your agree to hold us harmless related to any action or omission on your part related to the use of such Applications. WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY CONTENT, SERVICES OR FEATURES AND YOUR CORRESPONDENCE, LINKS, DEALINGS OR SHARED INFORMATION WITH THIRD PARTIES FOUND ACCESSED THROUGH OUR SERVICES, AND ANY DISPUTE, ISSUE OR CLAIM RELATED TO LIABILITY IS SOLELY BETWEEN YOU AND THE THIRD PARTY. 

By purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on our Website. 

Indemnification, Limitation of Liability and Release of Claims

Indemnification. 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, Products, Services or Program Materials, 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, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information or products, 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, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.

Under no circumstances, including, but not limited to negligence, shall anyone related to our  company or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, staff, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any loss or damages of any kind (including without limitation direct, indirect, economic, exemplary, incidental, special, punitive or consequential damages that result directly or indirectly from the use of, or the inability to use (1) our Programs, Products or Services, (2) the Program Materials, (3) Content; (4) your use of, inability to use, or the performance of the Programs, Products or Services; (5) any action taken in connection with an investigation by law enforcement or us regarding your or others’ use of the Programs, Products or Services; (6) any action taken relating to copyright or other intellectual property infringement; (7) errors or omissions in the operation of the Programs, Products or Services; or (8) any damage to any user’s computer, mobile device, or other equipment or technology, including but not limited to, damage from any security breach from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or technical failure or malfunction, including without limitation damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results or computer failure or malfunction, even if foreseeable or we are advised beforehand of the possibility of such damages or it is deemed that we should have known about the possibility of such damages, whether in an action related to contract, negligence, strict liability or tort, including without limitation and whether caused in whole or in party by negligence, acts of god, telecommunications failure, theft or destruction of our Programs, Products or Services. Under no circumstances will we be liable to you or to anyone else for loss, damage or injury, including without limitation death or personal injury, pursuant to applicable law. In no event will our total liability to you for all damages, losses, causes or action exceed one hundred united states dollars ($100.00).

You agree that should you incur any damages, losses or injuries that arise out of our acts or omissions, the damages, losses or injuries, if any, are not irreparable or sufficient to entitle you to an injunction preventing the exploitation of any website, Program, Product, Service, or other content or Program Materials owned or controlled by us, and  you have no rights to enjoin or restrain the development, production, advertising, exhibition, or exploitation of any website property, Program, Product or Service or other content or Program Materials owned or controlled by us.

You, and any third party for whom you lawfully operate an account or access our Programs, Products or Services, agree at all times to defend, indemnify and hold harmless us, our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees or licensees and their and our respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against all accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue and 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, Products or Services or your Content or the content or actions of others as experienced by you, other users, or anyone affiliated in any way with you, and/or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use and Privacy Policy, violation of any third party right, including but not limited to intellectual property rights, publicity, confidentiality, property or privacy right, violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any government or quasi-government authorities, including without limitation, all regulatory, administrative and legislative authorities, or any misrepresentation made by you. You agree to fully cooperate in the defense of any claim as requested or required by us. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not settle any claim or suit without our prior written consent.

You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of you or of any other user of our Programs, Products or Services.

By accessing or using our Programs, Products or Services, you understand that you may be waiving legal rights regarding claims that are at this time unknown or unsuspected, and in accordance with this waiver, you agree that you have read, understand, and hereby expressly waive the benefits of any law of any state, territory or province that provides exactly or substantially similar language as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” (Civil Code of California, Section 1542).

We are not responsible for the actions, omissions, data or information of Third Parties or their Third Party Content and you hereby release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any Third Party.

THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU FULLY UNDERSTAND AND AGREE THAT BY ENROLLING IN, PURCHASING AND/OR USING OUR SERVICES THAT YOU ARE WAIVING CERTAIN LEGAL RIGHTS AND YOU ARE VOLUNTARILY AGREEING TO DO SO.

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, Products, Services or Program Materials, 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 products, 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. 


Your Conduct

You are agreeing that you will not use our Programs, Products, Services or Program Materials in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, 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 or our Programs, Products and Services, and its content and to us.

You must use the Programs, Products, Services or Program Materials for lawful purposes only.  You agree and understand that you are prohibited from doing the following, as determined in our sole discretion. You may not:

 

  • Act in any way with fraudulent purposes or in connection with a criminal offence or otherwise using any aspect of our Programs, Products, Services or Program Materials to carry out any unlawful or illegal activity, agreeing to comply with all laws, rules and regulations that apply to the use of our Programs, Products, Services or Program Materials and your Content, including all federal, state, local and provincial laws.
  • Send, post, use or add in any way Content or material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, defamatory, objectionable, invasive of privacy, infringing, in breach of confidence, or is otherwise injurious to any person or company, including any violent, nude, partially nude, pornographic, sexually suggestive, discriminatory, hateful photos or any photos or material being used in any way and to any degree for racial vilification, sexism, ageism, religious intolerance, or in any other way to harm, offend, or disrespect any other person or cause them emotional and/or psychological harm.
  • Harass, threaten, abuse, bully, stalk, intimidate or defame any person.
  • Cause annoyance, inconvenience or needless anxiety in any way whatsoever, including but not limited to creating or submitting unwanted or unwelcomed email, comments, likes or other forms of harassing communication or spam to any of our users.
  • Create an account for anyone other than yourself.
  • Provide information upon registration or at any other time that is not at all times true, accurate, current and complete.
  • Sell, transfer, license, or assign your account, username, account rights or followers to any other person, unless you are expressly authorized by us to do so.
  • Post private or confidential information, including but not limited to, your or any other person’s credit card information, social security or alternate national identity number, non-public phone numbers or non-public e-mail addresses.
  • Solicit, use, or collect the login information for other users.
  • Share or reveal your password to any other person or entity.
  • Impersonate any third party.
  • Post Content on behalf of another person or improperly permit, enable, induce or encourage any other person to post Content for you.
  • Mislead as to the origin of your Content as anything other than your own.
  • Create accounts with us or access any Content of user including photos, account information, or user profiles through any unauthorized means, including but not limited to using an automated device, spider, crawler, scraper, script or bot, except as resulting from standard search engine protocols or technologies used by a search engine in a lawful way and with our consent.
  • Restrict, or attempt to restrict, any other user from using or enjoying our Programs, Products, Services or Program Materials.
  • Send, use, post or add any material or Content which in any way consists of or contains 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, including worms, viruses, spyware, malware or any other code of a disruptive or destructive nature, and you may not add or inject code or conduct or otherwise alter or interfere in any way with the way that our Programs, Products, Services or Program Materials are displayed or appears in any user’s portable device or browser.
  • Change, modify, alter, or adapt our Programs, Products, Services or Program Materials in any way or change, modify, alter or adapt another website so as to falsely imply that it is affiliated with or endorsed by the Services or us.
  • Circumvent any technological measure implemented by us to restrict the manner in which Content may be posted through our Programs, Products, Services or Program Materials or to regulate the manner in which Content (including but not limited to email) may be transmitted to others.
  • Use or cause the Programs, Products, Services or Program Materials or access to them to be interrupted, damaged or impaired in any way.
  • Reproduce, duplicate, copy or resell any part of our Programs, Products, Services or Program Materials or the content in a way that infringes any of our ownership or Intellectual Property rights or that is in contravention with these Terms of Use or any other agreement with us in any way.
  • Violate other individual’s, entity’s, or user’s copyright rights and we ask that you report to us any claims of copyright or intellectual property infringement to us.
  • Use our domain name or URLs as your username, or a part of your username, without prior written consent from us.
  • Encourage or facilitate violations by others of these Terms of Use, Privacy Policy, or any other terms provided by us.
  • Engage in behavior yourself or create, post or share Content that violates these Terms of Use as you may bear legal responsibility for that behavior and/or Content.


Communication Guidelines

If you have a question or concern about your Programs, Products, Services, or Program Materials, you may send an e-mail to info@kerinola.com and we will do our best to reply to your question or concern promptly.

Purchases and Online Commerce


If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.  Should you be provided with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Program, Product or Service will be put on hold until payment is made.

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently. 

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.


All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes. 

Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date by enlisting the help of a collections agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections agency.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its content.

Shipping Policy

Turnaround. Shipping times will vary depending on many factors. You should receive an email confirming your order shortly after you’ve placed it. If you don’t receive that email, please check your spam folder and see if you can locate it, and then e-mail us at info@kerinola.com if you need assistance.

Carriers. We typically use the following carriers to deliver our orders: USPS and UPS.

Shipping Rates. The rate charged for the shipping of your order is based on the weight of your products and your location. Before completing your purchase, you will be shown what the cost of shipping will be, and you will have a chance to not place your order if you wish.

Backorders. If an item is backordered we will ship you the part of your order that is in stock. When the item becomes available we will ship you the rest of your order. You will not be charged any additional shipping and handling for the second shipment.

Standard Shipping: An order may take up to 14 business days to be processed and packed before it is shipped. Please allow 28 business days for your order to arrive. Please note that if your item is backordered, shipping times may vary and receipt of your order may be delayed.

Expedited Shipping: If expedited shipping is available, expedited orders shipped via USPS or UPS 2nd Day Air or Next Day Air must be placed before 8:00am ET Monday through Friday to ship the same day. Please allow 1 full business day for these orders to be processed, packed and shipped. Please note expedited orders placed on Friday will be delivered within the following business day (except for all major holidays). Due to shipping restrictions, some products are ineligible for expedited shipping.

Shipping Outside of the Continental US: Orders traveling to Alaska and Hawaii can only be shipped via UPS 2nd Day Air. Orders traveling to Puerto Rico and the Virgin Islands can only be shipped via Fedex Smartpost.

Order Tracking. We will send you an e-mail on the date that your item has been shipped with an anticipated arrival date, but we cannot guarantee arrival on or by a particular date.

Refund Policy

Your satisfaction with your Programs, Products and Services is important to us. Because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products and Services, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products or Services, and no refunds will be provided to you at any time. If your Product contains a manufacturing defect, you may contact us within 14 days of purchase at info@kerinola.com to inquire about an exchange. You may incur a Shipping & Handling fee for an exchange. Purchases are transferable with the advance permission and in our sole discretion. By using and/or purchasing any of our Programs, Services and Courses, you understand and agree that all sales are final and no refunds will be provided.

Expiration Dates

The expiration date for any unused Services, including but not limited to Soul Coaching Sessions, Business Coaching Sessions, Intensives, Retreats, Intuitive Sessions, Consultations, and Energy Readings, is one year from the date of purchase. Some Programs and Products, as specified, allow for lifetime access.

If you have any questions about the Shipping, Refund Policy & Expiration Dates, please contact us at info@kerinola.com

Membership Programs

When purchasing and/or subscribing to a membership program, if you choose the month to month option, your membership will auto-renew each month unless or until you cancel it. You can cancel any time prior to your monthly payment drafting, however there will be no refunds issued once a payment drafts. If you choose choose the year option, your membership will auto-renew each year unless or until you cancel it. You can cancel anytime prior to your next yearly payment drafting, however there will be no refunds once a payment drafts.

Termination

You have the right to terminate your use of or participation in our Programs, Products or Services at any time by sending an e-mail to info@kerinola.com.

We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Program, Product or Service.

In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.

All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. You agree to not participate in a class action lawsuit or class-wide arbitration for any claims covered by these Terms of Use. You agree not to participate in claims brought in a private attorney general or representative capacity or consolidated claims involving another user’s account, if we are a party to the claim. Notwithstanding applicable law, the arbitrator will not have the authority to award damages, remedies or awards that conflict with these Terms of Use.

By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date act, omission, or other conduct related to your claim or you waive the right to seek dispute resolution by arbitration or to take any other legal action.

You also agree that should arbitration take place, it will be held in Seminole County in the State of Florida where my business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

Confidentiality and Privacy.

We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using our Programs, Products and Services, then you can be assured that it will only be used in accordance with this Privacy provision.

By using our Programs, Products and Services, you understand and agree that we are providing a platform for you to post content, including photos, comments, images and other communications (“Content”) for use with our Programs, Products and Services and other users.  You understand and agree that other users may search for, see, use, comment on or share your Content that you make publicly viewable through the Programs, Products and Services, consistent with these Terms of Use. 

Confidential Information. To use our Programs, Products, Services or Program Materials, we may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Programs, Products, Services or Program Materials (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and our full Privacy Policy which may be found on our Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.

What We Do With Confidential Information.  We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) to use for internal record keeping to monitor demographic patterns, traffic patterns, and the quantity of users, (2) to help you quickly and easily access your profile and Content after you sign into your account, (3) to help you remember information so you will not have to re-enter it upon subsequent use of our Programs, Products and Services; (4) to test, monitor and determinate the effectiveness of our Programs, Products and Services, (5) to periodically send promotions about new Programs, Products and Services or other special offers from which you may unsubscribe at any time, (6) to gather information for aggregate, non-identifiable data for market research purposes, (7) to customize our Programs, Products and Services by providing personalized content and information to you and other users such as advertising or marketing, (8) to improve our Programs, Products and Services and develop and test new features, (9) to diagnose or repair technology issues, (10) to provide automatic updates to the application on your mobile device, and (11) for support or communication related to your Programs, Products, and Services.

Storage.  All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence.  You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information. By registering to access and use our Programs, Products and Services, you agree and acknowledge that we and those who manage the data management system may have access to your personal, identifying information and we may transfer or share that information across borders from your country or jurisdiction to other countries or jurisdictions worldwide, including the United States and the European Union. If you are located in the European Union or other regions with laws governing data collection, you consent to us transferring your data to other countries or regions which may or may not have the same data collection laws as the country in which you are located.

Confidentiality and Disclosure. All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) pursuant to this terms of these Terms of Use and Privacy Policy and our Disclaimer, (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

Sharing of Information by Us. All information collected by us will be held in confidentiality and will not be rented, sold, or disclosed to third parties without your consent, except that we may disclose personal information: (1) pursuant to these Terms of Use, (2) if we are required to do so by law in any jurisdiction consistent with internationally recognized standards, (3) in the good-faith belief that disclosure is necessary to conform to the edicts of the law, (4) to comply with legal process served on us, our partners, sponsors, investors, or affiliates such as a search warrant, subpoena or court order for as long as required pursuant to the request, (5) to protect and defend our rights or property or those of our users, (6) to act as immediately necessary in order to protect the personal safety of our users or the public, including but not limited to detecting, preventing, investigating or addressing fraud, imminent bodily harm or other potentially illegal activity or violations of our terms and policies, (7) to other affiliates, advertisers, marketing partners or service providers who help to provide, understand, complement, and improve our Programs, Products and Services or targeted advertisements provided that they respect, honor and comply with the privacy preferences you have indicated as shown in your user account.  We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. Should our Company or assets be otherwise sold or transferred to a third party, in whole or in part, through such transaction including but not limited to a merger, acquisition, bankruptcy, dissolution or liquidation, your identifying information and Content may be sold and transferred as a result, but you will retain ownership to your Content and the buyer or transferee will be legally obligated to honor the commitments and terms we have set forth in our Terms of Use until future notice of any changes.

Sharing of Information by You.  Any information that you voluntarily disclose, post or share through our Programs, Products and Services, including but not limited to your profile, account, communications, Content  or any information otherwise related to you (“Your Information”), becomes available to other users inside the application. You agree and understand that once you have shared Your Information and made it public that it may be searched and re-shared by other users and we are not in any way liable or responsible for your sharing of such information. You also recognize that if you remove Your Information, copies may remain viewable in cached and archived pages of the Programs, Products and Services or if other users or third parties have copied or saved such information and you consent to such use and/or storage.

Cookies.  A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular website. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

Like most companies, we use traffic log cookies and similar tools such as pixels, web beacons, and local storage to identify what information is being used and accessed by our users. This helps us analyze data about web page traffic and improve our website in order to tailor it to our users. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with better services, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

We may invite advertisers or other partners to serve ads or services to you which may use cookies or similar tools placed by us or the third party.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer, but it may prevent you from taking full advantage of our Programs, Products and Services.


Analytics.  We use third party analytics and tools to help us measure traffic and usage trends for our Programs, Products and Services. These tools collect information sent by your device or our Programs, Products and Services, including the website pages you visit, add-ons, and other information that assists us in improving our Programs, Products and Services. We collect and use this analytics information in the aggregate with analytics information from other users so that we cannot reasonably determine the identity of any particular individual user.


Log File Information. Log file information is automatically reported by your browser each time you make a request to access or visit a website page or application, and can be provided when the content of the webpage or app is downloaded to your browser or mobile device. We collect log file information to provide more accurate reporting and improvements to our Programs, Products and Services. When you use our Programs, Products and Services, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Programs, Products and Services, domain names, landing pages, pages viewed, and similar information. We may also collect similar information from emails sent to our users which help us track user behavior patterns related to our Programs, Products and Services.

Mobile Device Identifiers.  To gather information about your browser patterns and how you use the Programs, Products and Services, we use mobile device identifiers to help generate reports. When you use a mobile device like a laptop, tablet or phone to access our Program, Product, or Service, we may access, collect, monitor, store on your device, and/or remotely store one or more device identifiers which are small data files or structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by us. Some features of our Programs, Products and Services may not function properly if the use or availability of the mobile device identifiers is impaired or disabled.

Passwords. To use certain features of our Programs, Products, Services, or Program Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. 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 are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, Product, Service, Program Materials, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us 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. By using our Programs, Products and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

If you have any questions about any term of these Terms of Use, please contact us at info@kerinola.com. Thank you.

 

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