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TERMS & CONDITION

Privacy & Policy

PRIVACY POLICY

 

The following Privacy Policy (“Privacy Policy”) sets forth L.Todd Kelly (“Company” “we” or “us”) policy with respect to information, including personally identifiable and non-personally identifiable data (“Personal Information”) and other information, Company collects from visitors to either the Company website found at https://ltoddkellycom or the Company’s  mobile application (the “App”) and its associated websites, subdomains, mobile versions, any associated applications, services, content and functionality collectively (the “Company Properties”).     

 

This Privacy Policy supplements and forms a part of Company’s Terms of Service at https://www.ltoddkelly/com/legal, which is incorporated by reference. Capitalized terms not defined here have the meaning given to them in the Company Terms of Service.

 

When you use any part of the Company Properties, you are consenting to the collection, transfer, storage, disclosure and other uses of your information as described in this Privacy Policy.

 

This Privacy Policy does not apply to the practices of third parties that Company does not own or control, including third-party websites, services and applications that you elect to access in connection with the Company Properties, or to individuals that Company does not manage or employ. While we attempt to facilitate access only to those third-party services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those third-party services. We encourage you to carefully review the privacy policies of any third-party services that you access.

 

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

   

 

Information We Collect

 

When you interact with us through the Company Properties, we may collect Personal Information and other information from you, as further described below.   

 

Personal Information That You Provide: We collect Personal Information from you when you voluntarily provide such information, such as when you contact us with inquiries, register for access to the Company Properties, use the Company Properties, submit your resume via email or contact us about press inquiries or opportunities to collaborate with the Company.

 

By voluntarily providing us with Personal Information, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Information to us, you acknowledge and agree that such Personal Information may be transferred and stored from your current location to the offices and servers of Company and the authorized third parties referenced below.

 

To sign up for a Company Properties account (the “Account”), you will provide some or all of the following information:

 

  • Full Name

  • Email Address

 

 

In addition, you may be asked to create a password to access your Account on the Company Properties. It is your responsibility to keep your password secure and not share it with anyone.

 

Other Information We Collect

 

  • From Your Activity: We may collect or receive information regarding: (1)  IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or mobile device; (2) browser type and language; (3) referring and exit pages and URLs; (4)  date and time; and (5) details regarding your activity on the App, such as search queries and other performance and usage data.

 

  • About Your Mobile Device:  We may collect or receive information regarding: (1) type of mobile device; (2) advertising Identifier (“IDFA” or “AdID”); (3) operating system and version (e.g., iOS, Android or Windows) ;(4) carrier; and (5) network type (WiFi, 3G, 5G, 4G, LTE).

 

  • Non-Identifiable Data: When you interact with the Company Properties, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Company may store such information itself or such information may be included in databases owned and maintained by Company affiliates, agents or service providers. The Company Properties may use such information and pool it with other information. It is important to note that no Personal Information is available or used in this process.

 

  • Aggregated Personal Information: In an ongoing effort to better understand and serve the users of the Company Properties, Company may conduct research on its customer demographics, interests and behavior based on the Personal Information and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Company may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Company may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

 

  • Device Identifiers: The Company Properties, through its third-party providers, may collect device-specific information when you access the Company Properties using a mobile device. Device information may include unique device identifier, media access control address, network information, and hardware model, as well as non-personally identifiable usage and traffic data and information about how the device interacts with the Company Properties. This type of data enables Company and third parties authorized by Company to figure out how often individuals use parts of the Company Properties and learn more about our users’ demographics and Internet behaviors, so that we can analyze, operate and improve our products and services.

 

 

Cookie Policy

We use, and allow certain other companies to use, Cookies on the Company Properties to analyze our traffic, and to recognize your device.  We also share information about your use of the Company Properties with our social media and analytics partners. This section explains what cookies are, how we use Cookies and similar technologies on the Company Properties, and what you can do to manage how Cookies are used.

 

WHAT ARE COOKIES?

A Cookie is a small text file which is sent to your computer or mobile device (referred to in this policy as a “device”) by the web server so that a website can remember some information about your browsing activity on the Company Properties.  The Cookie will collect information relating to your use of the Company Properties, information about your device such as the device’s IP address and browser type, demographic data and, if you arrived at the Company Properties via a link from third party site, the URL of the linking page. 

 

In addition to Cookies, the Company Properties may use web beacons.  Web beacons allow us to count the number of users who have visited or accessed the Company Properties and to recognize users by accessing our Cookies. We may employ web beacons to facilitate administration and navigation of the Company Properties, to track the actions of users of the Company Properties, to compile aggregate statistics about usage and response rates on the Company Properties, and to provide an enhanced online experience for visitors to the Company Properties. We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened. A web beacon is often invisible because it is only 1 x 1 pixel in size with no color.  A web beacon can also be known as a web bug, 1 by 1 GIF, invisible GIF and tracker GIF. 


 

WHAT ARE THE DIFFERENT TYPES OF COOKIES AND HOW DO WE USE THEM?

  • Essential - These are Cookies which are essential for the running of the Company Properties. Without these Cookies, parts of the Company Properties would not function.  These Cookies do not track where you have been on the internet and do not gather information about you that could be used for marketing purposes.

    • Examples of how we may use essential Cookies include:

      • Setting unique identifiers for each unique visitor, so that website numbers can be analyzed.

 

  • Functional – These Cookies are used to remember your preferences on the Company Properties and to provide enhanced, more personal features. The information collected by these Cookies is usually anonymized, so we cannot identify you personally.  Functional Cookies do not track your internet usage or gather information which could be used for selling advertising.

    • Examples of how we may use functional Cookies include:

      • Gathering data about visits to the Company Properties, including numbers of visitors and visits, length of time spent on the site, pages clicked on or where visitors have come from.

      • Eliminating the need for returning users to re-enter their login details.

 

  • Analytical Performance - Analytical performance Cookies are used to monitor the performance of the Company Properties, for example, to determine the number of page views and the number of unique users on the Company Properties. We use this information to improve user experience or identify areas of the Company Properties which may require maintenance.  The information is anonymous (i.e., it cannot be used to identify you and does not contain Personal Information such as your name and email address) and it is only used for statistical purposes.

    • Examples of how we may use analytical Cookies include:

      • Measuring users’ behavior 

      • Analyze which pages are viewed and how long for and which links are followed to better develop the Company Properties

 

Third Party Cookies - You may notice on some pages of the Company Properties that Cookies have been set that are not related to us. When you visit a page with content embedded from, for example, YouTube or Facebook, these third-party service providers may set their own Cookies on your device. We do not control the use of these third-party Cookies and cannot access them due to the way that Cookies work, as Cookies can only be accessed by the party who originally set them. Please check the third-party websites for more information about these Cookies.

 

HOW CAN YOU MANAGE OR OPT OUT OF COOKIES?

Cookies, including those which have already been set, can be deleted from your hard drive. You can also change the preferences/settings in your web browser to control Cookies. In some cases, you can choose to accept Cookies from the primary site, but block them from third parties. In others, you can block Cookies from specific advertisers, or clear out all Cookies. Deleting or blocking Cookies may reduce functionality of the Company Properties. 

 

To learn more about how to reject Cookies, visit www.allaboutcookies.org or go to the help menu within your internet browser. If you experience any problems having deleted Cookies, you should contact the supplier of your web browser.

 

We may use both session Cookies, which expire once you close the App, and persistent Cookies, which stay on your mobile device until you delete them and other technologies to help us collect data and to enhance your experience with the App. We may use Cookies for various purposes, including to: (1) type of mobile device; (2) personalize your experience; (3) analyze which portions of the App are visited and used most frequently; and (4) measure and optimize advertising and promotional effectiveness.

 

If you do not want us to deploy cookies in the App, you can opt out by setting your mobile device to reject Cookies. You can still use the App if you choose to disable Cookies, although your ability to use some of the features may be affected.

 

Opting out of Analytical Performance Cookies

If you would like to opt out of Analytics Cookies, please do so by clicking on the links below:

Google Analytics: https://tools.google.com/dlpage/gaoptout


 

FURTHER INFORMATION AND CONTACT DETAILS

If you have any questions about or if you would like more information on the Cookies that we use and their purposes, please contact us at the email address set forth below.

 

Our Use of Your Personal Information and Other Information

 

The Company Properties may use the information collected in the following ways: 

  • To operate and maintain the Company Properties; 

  • To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings; 

  • To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts; 

  • To respond to your comments or inquiries; 

  • To provide you with user support; or,

  • To protect, investigate, and deter against unauthorized or illegal activity.

 

Company uses the Personal Information you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Information for a certain reason, we may use the Personal Information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Information you provide to answer your question or resolve your problem. Also, if you provide Personal Information in order to obtain access to the Company Properties, we will use your Personal Information to provide you with access to such Company Properties, and to monitor your use of Company Properties. Company and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Information and other personally non-identifiable information collected through the Company Properties to help us improve the content and functionality of the Company Properties, to better understand our users and to improve the Company Properties. Company and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as at robbyedellekelly@gmail.com

 

You acknowledge that this information may be personal to you, and by creating an Account and providing such information, you allow others, including Company, to identify you and therefore you may not be anonymous. Company Properties user profiles are available for view by Company and other Company Properties’ users, and other users can contact or follow you through the Company Properties. Content that you post on, through, or in connection with the Company Properties, including on third party services, such as your social media accounts, may also be public.

 

If Company intends on using any Personal Information in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Information is collected.

 

We will hold Personal Information about you on our systems for as long as is necessary for the relevant service, subject to any applicable laws and/or regulations.

 

We and our third-party service providers may use the information collected through these technical methods for a number of purposes, including delivering content, tracking and enhancing our users experience on the Company Properties. The information collected is used only to support the internal operations of the Company Properties. We do not utilize any third-party advertising networks. 


 

LEGAL BASES FOR PROCESSING DATA UNDER THE GENERAL DATA PROTECTION REGULATION (“GDPR”)

Below are the types of lawful basis that we will rely on to process your Personal Information:

 

  • Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at robbyedellekelly@gmail.com

 

  • Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

 

  • Comply with a legal or regulatory obligation means processing your Personal Information where it is necessary for compliance with a legal or regulatory obligation that we are subject.

 

  • Consent means where you have consented to a certain use of your Personal Information.

 

  • Vital Interest means processing your Personal Information to protect the vital interests of the data subject or another natural person.

If you are visiting from the European Union or other regions with laws governing information collection and use that may differ from United States law, please note that you are transferring your Personal Information to the United States. The laws of some countries may not provide the same levels of protection of Personal Information as your home country, particularly if you are resident in the European Union.  By submitting information, you agree to the collection, transfer, storage, use and processing of information about you for the purposes described in this Privacy Policy.  When you provide Personal Information to us or our service providers or vendors, you consent to the processing of your information in the United States as the Company Properties are offered from the United States.  We will take reasonable steps to ensure that information about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers.

 

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THE COMPANY PROPERTIES.

TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISIDICTION OTHER THAN THE UNITED STATES.  HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION.  TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.


 

Our Disclosure of Your Personal Information and Other Information

Company will not sell, distribute, or reveal users’ email addresses or other Personal Information, except when required by law, without their consent. There are, however, certain circumstances in which we may share your Personal Information with certain third parties without further notice to you, as set forth below:

 

  • Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Information may be part of the transferred assets.

 

  • Related Companies: We may also share your Personal Information with our Related Companies for purposes consistent with this Privacy Policy.

 

  • Agents, Consultants and Related Third-Parties: Company, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

 

  • Legal Requirements: Company may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Company, (iii) act in urgent circumstances to protect the personal safety of users of Company Properties or the public, or (iv) protect against legal liability.

 

The Company Properties may share your information with third parties when you explicitly authorize us to share your information. Additionally, the Company Properties may use third-party service providers to service various aspects of the Company Properties. Each third-party service provider’s use of your Personal Information is dictated by their respective privacy policies. The Company Properties currently uses the following third-party service providers: 

 

  • Google Analytics – this service tracks usage and provides information such as referring websites and user actions on the Company Properties. Google Analytics may capture your IP address, but no other Personal Information is captured by Google Analytics. 

 

  • MAILING LIST – this service is used for delivery of email updates and newsletters. We store your name and email address for purposes of delivering such communications.

 

  • Google Pay and Apple Pay – this service is used to serve our ecommerce platform on the App. At no time is your banking information passed to the Company Properties. We receive only information used for order fulfillment. 

 

  • Google Firebase – The Google Firebase SDK collects identifier for mobile devices (for example Android advertising id and Advertising id for iOS) and utilizes technologies similar to cookies.

 

On iOS, the SDK collects the Advertising Identifier if it is available. If the Advertising Identifier is unavailable, the SDK collects the Vendor Identifier. If the Advertising Identifier becomes available after the Vendor Identifier was reported, the SDK stops collecting the Vendor Identifier.

 

By default, on Android the SDK collects the Advertising ID. If the Advertising ID is not collected, the device's hardware identifier, e.g., Android ID (SSAID), is collected instead. This alternative Android identifier cannot be reset. The extensive list of data collected by Google Firebase can be found here https://support.google.com/firebase/answer/6318039?hl=en.

 

  • Vimeo - Vimeo is used to host the content provided on the Company Properties.   No data is collected by the use of this service.

 

At this time, your Personal information is not shared with any other third-party applications. This list may be amended from time to time in Company’s sole discretion. 

 

How We Protect Your Personal Information: 

We strive to take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your Personal Information from unauthorized access and disclosure. For example, only authorized employees are permitted to access Personal Information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of sensitive Personal Information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to Personal Information. Your Account is also protected by a password for your privacy and security, and you must prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately, limiting access to your devices, and by signing off after you have finished accessing your Account. 

 

We take commercially reasonable steps to protect information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

 

Your Choices

You may request deletion of your Personal Information by sending an email to info@victorvalor.org. but in some cases, we may be required to keep your information by law. In such a case, it would no longer be active and would be kept separately in an archive.

 

Under laws in certain countries in which we operate, customers and other visitors to the Company Properties from those countries have a right to access Personal Information about themselves, and to amend, correct or delete Personal Information that is inaccurate, incomplete or outdated.  We will, upon request, provide you with confirmation regarding whether we are processing Personal Information about you, consistent with applicable law. In addition, upon your request, we will take reasonable steps to correct, amend, or delete your Personal Information that is found to be inaccurate, incomplete or processed in a manner non-compliant with this Privacy Policy or applicable law, except where the burden or expense of providing access would be disproportionate to the risks to your privacy, where the rights of persons other than you would be violated or where doing so is otherwise consistent with applicable law. Unless prohibited by applicable law, we reserve the right to charge a reasonable fee to cover costs for providing copies of Personal Information that you request. 

 

Please note that while any amendments, corrections or deletions will be reflected in active user databases (as updated with a reasonable period of time), we may retain all Personal Information for backups, archiving, prevention of fraud and abuse, analytics, and satisfaction of other legal obligations we reasonably believe applicable.

 

You authorize us to use and disclose any new or modified information that you provide in accordance with this Privacy Policy, and you agree that we are under no obligation to delete or modify information that you have previously chosen to provide us as to which you have not instructed us to take such action. Please remember, however, that if we have already disclosed some of your Personal Information to third-parties, we cannot access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.

 

We may retain your Personal Information to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our contracts, and take other actions otherwise permitted by law.

 

Exclusions

This Privacy Policy does not apply to any Personal Information collected by Company other than Personal Information collected through the Company Properties. This Privacy Policy shall not apply to any unsolicited information you provide to Company through the Company Properties or through any other means. This includes, but is not limited to, information posted to any public areas of the Company Properties, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Company shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.


 

Shine the Light Law

A California privacy law that went into effect on January 1, 2005, the “Shine the Light” law, allows California residents to obtain a list of third parties to whom a business has disclosed Personal Information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and by providing a cost-free means to exercise that right.

 

Personal Information submitted at the time of registration or submission will not be shared with third parties. If our policy changes, Personal Information will only be used for marketing and promotional purposes with your permission; and whenever a user agrees to allow us to collect Personal Information, we provide the user with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by sending an email to https://victorvalor.org/legal.

 

Because we include a comprehensive privacy policy and provide you with details on how you may opt-in or opt-out of the use of your Personal Information by third parties for direct marketing purposes, we are not required to provide you with the third-party list.

 

 

Other Terms and Conditions 

Your access to and use of the Company Properties is subject to the Terms of Use at https://ltoddkelly.com/legal.

 

Regardless of any other provision in this Privacy Policy, we reserve the right to disclose any personally identifiable or non-personally identifiable information about you to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, the App, or other users; or (d) protect, in an emergency, the health and safety of our customers or the general public. This includes exchanging information with third parties and organizations in connection with credit risk reduction and fraud protection.

 

 

Links to Other Web Sites 

This Privacy Policy applies only to the Company Properties. The Company Properties may contain links to other web sites not operated or controlled by Company (the “Third Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Company Properties do not imply that Company endorses or has reviewed the Third-Party Sites. We suggest contacting those sites directly for information on their privacy policies.

 

 

Email Communications

If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public Personal Information, such as passwords, social security numbers, or bank account information, to us by email. You may “opt out” of receiving future commercial email communications from us by clicking the “unsubscribe” link included at the bottom of most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications.


 

App Stores

Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the App, such as Personal Information, Payment Information, Geolocational Information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.

  

 

Changes to Company's Privacy Policy

 

The Company Properties may change from time to time. As a result, at times it may be necessary for Company to make changes to this Privacy Policy. Company reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Information. This Privacy Policy was last updated on the date indicated below. Your continued use of the Company Properties after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

 

 

Access to Information; Contacting Company

 To keep your Personal Information accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Information in our possession that you have previously submitted via the Company Properties.  To unsubscribe from any communications, please contact us at the email address below.

 

Please also feel free to contact us if you have any questions about Company's Privacy Policy or the information practices of the Company Properties.

 

You may contact us as follows:  robbyedellekelly@gmail.com

 

Last updated:  February 27, 2024

Terms Of Service

THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.

 

The following Terms of Service ("Terms") constitute an agreement between you and L. Todd Kelly (“Company”) that governs your use of the websites owned by the Company (collectively the “Websites” and each a “Website”) and its associated websites, subdomains, mobile versions, any associated applications, services, content and functionality. The Websites are as follows: 

 

 

Your use of the Websites constitute your acceptance of, and agreement to, the following Terms. The Company reserves the right to modify, alter, amend or update the Websites, policies and these Terms. These Terms are subject to change without notice. If you do not agree with or do not accept any part of these Terms, you must not use any of the Websites. Your continued use of any part of the Websites constitutes your acceptance of such changes to the Terms. You should review the Terms periodically to determine if any changes have been made. 

 

When using the Websites, you will be subject to any additional posted agreements or guidelines which are applicable to specific goods, services and features, including, but not limited to, the L. Todd Kelly Privacy Policy.  All Agreements are incorporated by reference into these Terms. In the event of any conflict between the Terms and any Agreements, the provisions of the Terms shall control.

 

PURCHASE POLICIES

On the Websites, you may purchase products such as water bottles, bagpacks, towels, etc memberships collectively the “Memberships and individually a Membership”) and training and consulting (all of the foregoing collectively the “Products and Services”) and these Terms shall apply to the purchase and use of the Products and Services.  You may purchase the Products and Services individually, through a Membership or through a subscription.  These Terms will apply to all such purchases and any differences in their terms will be explicitly detailed.  Some Products and Services are only available to you after being selected or approved by the Company, as applicable. The Company may deny the sale of any Products and Services to anyone at any time. The Products and Services include the content as listed on the applicable sales page for such Products and Services. Some Products and Services may be subject to separate terms or agreements and such terms or agreements shall apply instead of these Terms. 

 

For any Membership or Products and Services purchased on a subscription basis, you will be required to select a payment plan and provide the Company’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to the Company, that such information is true and that you are authorized to use the payment instrument. You will promptly update your applicable User Account (defined below) information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified at time of purchase in the payment plan in accordance with the terms of such plan and these Terms. You hereby authorize the Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your applicable User Account, and you further agree to pay any charges so incurred. If you dispute any charges, you must notify the Company within sixty (60) days after the date that Company charges you. The Company reserves the right to change the price of any Products or Services, including Memberships and subscriptions.   Your continued use of the Products and Services that are being offered after the price change becomes effective constitutes your agreement to pay the changed amount. Access will be revoked to the applicable Products and Services if you choose a payment plan or subscription do not complete the payments on schedule.

 

Your Membership/ subscriptions will automatically renew each month or year, depending on the payment plan you have selected. It is your responsibility to cancel the Membership/subscription prior to renewal. Instructions for how to terminate can be found below in the Product Specific Policies Section.

 

Product Specific Policies

 

Refund Policy

Refunds are not available for Products and Services including Memberships and subscriptions except in accordance with the terms expressly set forth herein. Certain jurisdictions may have longer periods where refunds will be granted. Company will honor such periods as required by law.

 

REGISTRATION, ELIGIBILITY & RESTRICTED ACCESS  

Access to certain areas of the Websites may be restricted. The Company reserves the right to restrict areas of the Websites at its sole discretion. 

 

Only those that meet applicable eligibility requirements as stated on the Websites are eligible to use the Services.

 

Some restricted areas of the Websites may be made available to you as a registered user of that Website. When you are registered, you are required to create a user profile, which may include a username and password for such Website (each a “User Account”). You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify the applicable person as set forth below: 


 

The Company will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to the Company or other third parties for any losses incurred due to such unauthorized use.

 

When you create a User Account with either Company you guarantee that you are 18 years of age or older, are able to consent to these Terms, and that the information you provide to us is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your User Account without refund, in the Company’s sole discretion. 

 

A Company may disable your username and password at its sole discretion, refuse to register a user for the Products and Services, remove or edit any content contributed to the Websites, Products or Services or cancel any User Account. Either Company may, without notice, refuse access to its Websites or Products and Services, in whole or part, to any person that fails to comply with these Terms.

 

The Company reserves the right to modify methods for registration and access levels of registered users from time to time.

 

LICENSE FOR USE OF PRODUCTS AND SERVICES

All Products and Services available on the Websites were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Products and Services.  When you create a membership account, you agree that you will not use any information you gain from the Products and Services to create any product or service, whether offered for commercial or personal use, without express written consent of the Company.  The Company reserves the right to seek equitable and compensatory relief for any violation of this term. All inquiries for use of the Company’s intellectual property must be submitted to the Company as follows:

 

For intellectual property owned by L. Todd Kelly contact robbyedellekelly@gmail.com


 

Products and Services

Your request to join and participate in any Membership, or other Products and Services offered by a Company constitutes your acceptance of, and agreement to these Terms. We reserve the right to modify, alter, amend or update the Terms. The Terms are subject to change without notice. If you do not agree with or do not accept any part of the Terms, you must not be a member of any Membership or purchase any Products and Services.  The Memberships and the Products and Services are for members over 18 years of age.  Please do not join if you are not over 18 or cannot accept the Terms.

 

Any information provided in any Membership or any Products and Services is for information purposes only and results may vary from person to person when using such information. You are, and shall remain, solely responsible for any content you upload, submit, post, transmit, communicate, share or exchange by means of any Membership or Products and Services and for the consequences of submitting or posting same.

 

COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE MEMBERSHIPS OR PRODUCTS AND SERVICES AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

 

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE COMPANY HAS NOT, AND DOES NOT, IN ANY WAY: (A) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR (B) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. THE COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER'S CONDUCT, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS.


 

The Company reserves the right, in such Company’s sole discretion, to remove any post, comment, message or member, for any reason on its Websites, Memberships or Products and Services. 

 

The following posts, comments or messages are expressly prohibited and will be immediately deleted and the member responsible for the post, comment or message is subject to immediate removal from any Membership or other Products and Services

  • Live video within a Membership or Products and Services without the Company’s approval;

  • Links that self-promote your own blogs, businesses, videos, etc. without the Company’s permission;

  • Ads for items for sale or links to fundraisers without the Company’s permission;

  • Contacting other members to solicit business or for self-gain;

  • Hate speech;

  • Threatening violence;

  • Harassing or heckling another member or the Company;

  • Spam;

  • Defamatory speech towards the Company, another member or any third party

  • Political or inflammatory discussions;

  • Any reference to illegal acts; or 

  • Anything that violates the legal rights of a third party.

 

Any member violating the Membership or Products and Services rules may be immediately and permanently removed from the Memberships or Products and Services, in the Company’s sole discretion.

 

Any content posted in the Products and Services is the sole responsibility of the person(s) who created it, and the Company and its employees, agents, directors, and officers, undertakes no obligation or liability related to such content. The Company and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful content posted in the Memberships or Products and Services, nor does it assume responsibility or liability that may arise from any content posted in the Memberships or Products and Services, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.  All posts in the Memberships or Products and Services are confidential and may not be shared by any member outside of the Membership or Products and Services.  The Company reserves the right to report to the appropriate authority any post, comment, member or message in a Membership or Products and Services that a Company deems, in its sole discretion, may implicate the safety of either a member of a Membership or Course or a third-party.

 

You acknowledge, however, that the Memberships and Products and Services may be joined by any member of the public, and so confidentiality cannot be guaranteed.  Please do not post any information that you do not want shared.   

 

GENERAL DISCLAIMER

The Company has made every effort to ensure that all information on the Websites and in the Products and Services have been tested for accuracy. The Company makes no guarantees regarding the results that you will see from using the information provided on the Websites or in the Products and Services. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from any Company.

 

The Company/Websites, Products and Services host content that is created by third parties (“Third Party Content”).  The Company does not guarantee that any of the Third Party Content shall be error free and it should not be relied upon by you. The Company specifically disclaims any and all liability for the Third Party Content.

 

The Company disclaims liability for incidental or consequential damages and assume no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Websites or in the Products and Services. The Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Websites or in the Products and Services.

 

HEALTH AND WELLNESS DISCLAIMER

ANY MENTAL, SPIRITUAL, PHYSICAL OR WELLNESS CONTENT AND/OR OTHER HEALTH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND DOES NOT AND IS NOT INTENDED AS MEDICAL ADVICE, TO SERVE AS A SUBSTITUTE FOR MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR/PATIENT RELATIONSHIP. THE COMPANY IS NOT A HEALTH CARE PROVIDER. THE COMPANY DOES NOT PROVIDE MEDICAL ADVICE OR THERAPY AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. YOU SHOULD NOT USE THE WEBSITES TO DIAGNOSE A HEALTH OR FITNESS PROBLEM OR DISEASE. USE OF THE WEBSITES DOES NOT REPLACE MEDICAL CONSULTATIONS WITH A QUALIFIED HEALTH OR MEDICAL PROFESSIONAL TO MEET THE HEALTH AND MEDICAL NEEDS OF YOU OR ANY OTHER PARTY. THE COMPANY DISCLAIMS ALL RESPONSIBILITY FOR THE PROFESSIONAL QUALIFICATIONS AND LICENSING OF, AND SERVICES PROVIDED BY, ANY PHYSICIAN OR OTHER HEALTH PROVIDER REFERRED TO VIA THE WEBSITES AND/OR ANY THIRD PARTY WEBSITE. NEVER DISREGARD THE MEDICAL ADVICE OF A PHYSICIAN OR HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF SOMETHING YOU READ VIA THE WEBSITES. ALTHOUGH THE COMPANY STRIVES TO ENSURE THAT THE INFORMATION PROVIDED VIA THE WEBSITES IS CORRECT, THE COMPANY CANNOT GUARANTEE THAT IT IS ALWAYS ACCURATE AND UP-TO-DATE. THE COMPANY OFFERS THE WEBSITES AS IS AND WITHOUT ANY WARRANTIES.

 

IF YOU BELIEVE THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU HAVE A MEDICAL EMERGENCY, PLEASE CALL 911 IMMEDIATELY (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

 

BUSINESS COACHING AND CONSULTING DISCLAIMER

We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Websites or in the Products and Services has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Websites or in the Products and Services. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Websites and Products and Services. Everything provided on the Websites and in the Products and Services is for informational purposes only.

 

INCOME OR EARNINGS INFORMATION DISCLAIMER

Any statements related to income or earnings potential on the Websites or in the Products and Services are examples of what may be possible in the future. We make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided on the Websites or in the Products and Services. The Websites, Products and Services are provided for informational purposes only.

 

YOUR RESPONSIBILITY

The Websites, Products and Services were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Websites, Products and Services. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. The Company  assumes no responsibility for errors or omissions that may appear in the Websites or in the Products and Services.

 

USE OF THE WEBSITE 

Unless otherwise stated, the Company owns the intellectual property and rights to all content and material on the Websites. Subject to the license below, all intellectual property rights are reserved. 

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms. 

The following uses are not permitted:

  • Republication of content from the Websites, unless content is specifically and expressly made available for republication; 

  • Sale, rental or sub-license of any content from the Websites;

  • Reproduction or duplication of any content on the Websites for commercial purposes; 

  • Modification of any content on the Websites, unless content is specifically and expressly made available for modification; 

  • Redistribution of content of the Websites, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the applicable Website is included. 

 

From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of any Company’s intellectual property rights. 

 

You must not use any Website or Products and Services in a way that causes, or may cause, damage to a Website or Products and Services or impairs the availability of access to a Website or the Products and Services. You must not decompile, reverse engineer, disassemble or otherwise reduce any Website or the Products and Services, except to the extent that such activity is expressly permitted by applicable law. You must not use a Website or Products and Services to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

 

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to any Website or Products and Services without the Company’s express written permission. 

 

You must not use any Website or the Products and Services to transmit or send any unsolicited commercial communications.

 

You must not use any Website or the Products and Services for any third-party marketing without the Company’s express written permission.

 

INTELLECTUAL PROPERTY

All original materials provided by the Company is owned by the Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any Company’s intellectual property. All intellectual property remains the property of the Company. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. The Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. 

 

Certain of the names, logos, and other materials displayed on the Websites, Products and Services constitute the Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights ("Company IP”).  You are not authorized to use any Company IP without the Company’s express consent. Ownership of Company IP remains with the Company and you agree not to make any claims or assertions of any other party's ownership of Company IP.

 

The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits the Company.

 

EQUITABLE RELIEF

You acknowledge and agree that in the event of certain breaches of the Terms, the Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that the Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

 

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Websites, Products and Services are copyrights owned by the Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission. 

The Websites, Products and Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are copyrighted as a collective work under the United States copyright laws. The Company owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

 

TRADEMARKS

The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits any Company, any Website, or the experts featured on any Website.

From time to time, the Websites, Products and Services will legally utilize trademarks owned by third parties related to a Company’s services. These trademarks are the respective property of their owners. 

 

GRANT OF RIGHTS

You grant the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Websites, Products and Services. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant the Company the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to any Website, Products or Services you represent that you have the right to grant these permissions for use of such content by the Websites, the Company, and Company’s sublicensees.

 

CONTENT CONTRIBUTED TO THE WEBSITE

Any content you contribute to any Website, Products and Services including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or a Company or a third party. 

 

The Company reserves the right to edit or remove: (i) any material submitted to its Websites, Products and Services; (ii) stored on its servers; or (iii) hosted or published on its Websites, Products and Services. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding the Company’s rights under the Terms, the Company undertakes to monitor the submission of content to, or the publication of such content on, the Websites, Products and Services and the Company is responsible for such content. 

 

COMMENT POLICY

The Websites offer the option for you to leave comments, engaging with the Websites’ posts. The following types of comments will not be tolerated and will be deleted: 

  • harassment directed toward any content creator or the Company;

  • spam;

  • hate speech;

  • defamatory to the Company or any third party;

  • reference illegal acts; or,

  • violate the legal rights of a third party. 

 

The Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy. 

 

TAKEDOWN REQUESTS

From time to time, the Websites will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on a Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request as set forth below and such Website will remove the image within 24 to 48 hours.

 

For all of the Websites, please contact:

Robbye Kelly at robbyedellekelly@gmail.com

​

In accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, the Company has implemented procedures for reporting instances of copyright infringement.

 

If you are a copyright owner, or its authorized representative, and believe in good faith that content residing or accessible on or through and of the Websites infringes your copyrighted work, you may submit a notice of copyright infringement by sending a written notice of copyright infringement to our designated agent, whose contact information is listed below.  The Company has designated Pryor Cashman LLP as the designated agent for the Company.

 

Notice may be sent to:

By e-mail

Robbye Kelly

robbyedellekelly@gmail.com

​

The notice of copyright infringement should provide the following information:

  1. A clear description of the copyrighted work that you claim has been infringed (if multiple copyrighted works are covered by a single notification, you may provide a representative list of such works).

  2. A description of the material that you claim is infringing.

  3. Information reasonably sufficient to permit us to locate the allegedly infringing material (please be as detailed as possible and provide web addresses (URLs) leading directly to the material).

  4. Your contact information, including your address, telephone number, and an e-mail address.

  5. A statement that you have a good faith belief that use of the copyrighted materials in the manner asserted is not authorized by the copyright owner, its agent, or the law.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  7. Your physical or electronic signature (typing your full legal name is sufficient).


 

Counter-Notification If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;

  3. Your name, address and telephone number;

  4. A statement that you consent to the jurisdiction of federal district court in the federal district court in the District of Arizona, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.

  5. Your physical or electronic signature.

 

Notice may be sent to:

By e-mail

Robbye Kelly

robbyedellekelly@gmail.com


 

You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Website without liability to you or any other party.

 

Please note that we may forward the notice of copyright infringement (or information contained therein), as well as the complainant’s contact information, to the party who posted the allegedly infringing content. Additionally, if we remove or disable access to the content pursuant to a valid DMCA notice, Company will immediately notify the owner of the content that the content has been removed or disabled.

It is also the policy of the Company, in appropriate circumstances and in our sole discretion, to suspend or terminate the accounts of publishers who are repeat copyright infringers.

 

Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.

 

COMMUNICATION

If you send the Company an email, register to use a Website or provide your email to the Company in any other way, you consent to receive communications from such Company electronically. You agree that all legal notices provided via electronic means from the Company satisfies any requirement for written notice.

 

CHILDREN'S INFORMATION

The Websites do not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that a Website has personally identifiable information of a child under the age of 16 in its database, please contact the applicable Website as set forth below and such Website will use its best efforts to promptly remove such information from its records. Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.

 

For the Websites owned by L. Todd Kelly (see above) please contact Robbye Kelly robbyedellekelly@gmail.com​

 

THIRD PARTIES

The Websites may contain links to third-party websites that are not governed or controlled by the Company. You represent and warrant that you have read and agree to be bound by all applicable Terms and policies for any third-party website that relates to your use of the Websites. The Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless the Company from any and all liability related to your use of a third-party website. 

 

Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on any Website or the Products and Services, you must complete any necessary investigation or due diligence. You understand that the Company does not perform psychological testing or background checks on the individuals who may use the Websites or the Products and Services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals who you meet online by virtue of the Websites, Products and Services provided on the Websites. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Websites or the Products and Services, you expressly hold the Company harmless from any and all liability in any dispute.

 

NO WARRANTIES 

The Websites and Products and Services are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. No Company makes any representations or warranties in relation to the Websites, Products and Services, or the information and materials provided therein. 

 

The Company makes no warranty the Websites or the Products and Services will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Websites or the Products and Services. The Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Websites or Products and Services. The Websites and Products and Services are written in English and makes no warranty regarding translation or interpretation of content in any language.  

 

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWABLE BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO $100 USD

 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF ANY WEBSITE, THE PRODUCTS AND SERVICES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

 

INDEMNITY

You agree to defend, indemnify and hold the Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which a Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

 

ARBITRATION

The Terms will be governed and construed in accordance with the laws of the state of Texas without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled with the Company by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Willamson County, Texas. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.  This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Terms. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.

 

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, EACH PARTY KNOWINGLY AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED BETWEEN THE PARTIES.

 

Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled solely and exclusively between you and the Company (and no other parties, including, without limitation, any of the Company’s officers, directors, members, managers, employees, volunteers, agents, or representatives, none of whom shall be named or joined as party to any arbitration or other legal proceeding arising hereunder) by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Willamson County, Texas.”


 

MISCELLANEOUS PROVISIONS

 

If any provision(s) of the Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.

 

The Terms may not be assigned by you without the Company’s  prior written consent; however, the Terms may be assigned by a Company in its sole discretion. 

 

The Terms are the final, complete and exclusive agreement of the parties with respect to the Websites offered by the Company

 

The failure of a Company to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms by a Website or a Company must be in writing and signed by an authorized representative of the Company.

 

All notices with respect to the Terms must be in writing and may be via email to your email address and as set forth below for the Websites: 

 

For the L. Todd Kelly Websites contact Robbye Kelly robbyedellekelly@gmail.com


 

Last updated: February 27, 2024

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