Terms of Use for Online Membership
Last Modified: February 1, 2023.
Use and Consent
Please read these Terms of Use for Online Membership (hereinafter “Terms of Use”) carefully and in their entirety before purchasing Monthly Marketing Seminar + Office Hours from Kristi Mitchell Consulting LLC.
These Terms of Use are entered into by and between Kristi Mitchell Consulting LLC (hereinafter “we,” “our,” “us”) and you.
Your purchase of Monthly Marketing Seminar + Office Hours constitutes your voluntary acceptance to be bound by these Terms of Use, whether you have read them or have had the opportunity to read them and have chosen not to.
Monthly Marketing Seminar + Office Hours is not intended for persons under the age of 18. If you are under the age of 18, you may not purchase, use or view Monthly Marketing Seminar + Office Hours.
Privacy Policy
We respect your privacy and permit you to control the treatment of your personal information. Please read our Privacy Policy here.
Order Confirmation and Payment Details
We will email you to confirm the placement of your order and with details concerning Monthly Marketing Seminar + Office Hours.
In the event there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Recurring Payments
Monthly Marketing Seminar + Office Hours is an ongoing and recurring subscription. The credit card information you provide at time of check out will be charged in accordance with the membership type that you purchase. All charges are in USD.
Monthly Marketing Seminar + Office Hours offers the following membership types:
Monthly Membership: A monthly membership is valid for 30 days from the date you join Monthly Marketing Seminar + Office Hours (your anniversary date). Your credit card will be charged each month on your anniversary date until such time as your membership is terminated by you or us.
You understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf. You understand and agree that your failure to pay any outstanding balance due does not cancel your obligation to pay said amount (including any surcharge for any failed payment), whether or not you remain an active member.
If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your access to Monthly Marketing Seminar + Office Hours, thereby terminating these Terms of Use and all obligations of ours hereunder.
If you have reason to believe that your Monthly Marketing Seminar + Office Hours account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit, or charge card number stored), notify us of the problem to avoid possible liability for any unauthorized charges to your account.
It is your responsibility to notify us if your credit card has changed or has expired and to make appropriate changes or your access and account may either be suspended or terminated.
We reserve the right to refer collection of the outstanding balance to an attorney or collections agency. If your outstanding balance is referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees.
All of the personal information that you provide as part of the purchase process for Monthly Marketing Seminar + Office Hours may be collected by both us and our third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle your personal information.
Our third-party payment processing providers may have privacy policies and terms and conditions that differ from ours. We have no liability or responsibility for the independent policies of our third-party payment processing providers. You are encouraged to read the independent policies contained on the third-party payment processing providers’ websites.
You understand and release us from liability for any damage or loss caused by your purchase of Monthly Marketing Seminar + Office Hours or by your dealings with our third-party payment processing providers.
Refunds
Due to the extensive time and effort that goes into Monthly Marketing Seminar + Office Hours, there is no refund policy.
Termination of Membership
Your membership is effective until such time as it is terminated by either you or us.
You have the right to terminate your membership at any time for any reason.
[a] You may terminate your membership by notifying us in writing via email at: info@kristimitchell.com by sending the following pre-formatted termination email message from the email you used to purchase your membership:
I would like to request cancellation of my Monthly Marketing Seminar + Office Hours membership effective immediately.
[b] You may terminate your membership by accessing the Stripe billing portal, which can also be found in the “Managing Your Membership” section of the MemberVault platform.
Kristi Mitchell Consulting LLC reserves the right to terminate your membership at any time for any reason, including due to your breach of these Terms of Use.
Upon the termination of your membership, you shall stop representing yourself as a member of Monthly Marketing Seminar + Office Hours.
Passwords
Certain features of Monthly Marketing Seminar + Office Hours require the creation of a username and password. You are responsible for keeping your username and password confidential. We ask that you not share your username or password with anyone. We cannot and will not be liable for any loss or damage arising from your failure to protect your username or password.
You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security.
Intellectual Property Protection and Personal Use
The materials contained in Monthly Marketing Seminar + Office Hours, including, but not limited to, videos, photos, graphics, designs, and other files, are the proprietary property of Kristi Mitchell Consulting LLC and are protected by United States intellectual property rights.
We grant you a limited non-exclusive non-transferable license to download, view, copy, and/or print portions of Monthly Marketing Seminar + Office Hours solely for your personal, non-commercial use with respect to your business.
You may not share the cost of Monthly Marketing Seminar + Office Hours or the membership itself with any third party. You may not share your login credentials for Monthly Marketing Seminar + Office Hours with any third party for any reason. You may not sell or transfer your Monthly Marketing Seminar + Office Hours membership or any of the content and/or materials contained therein to any third party. The rights granted to you constitute a license and not a transfer of title.
Any other use of the materials in Monthly Marketing Seminar + Office Hours, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.
You agree that you will not use the contents of and materials in Monthly Marketing Seminar + Office Hours to create a competing membership, product, or service.
Nothing contained in Monthly Marketing Seminar + Office Hours should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Kristi Mitchell Consulting LLCor by any third party.
You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on Monthly Marketing Seminar + Office Hours, except as expressly authorized herein.
You agree that you will not use Monthly Marketing Seminar + Office Hours in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.
Access to the MemberVault portal is only available for active Monthly Marketing Seminar + Office Hours members. Upon termination of your membership for any reason, you will be removed from the the MemberVault portal.
Your License to Use
When you submit any post, comment, image, or other content that you upload, publish, or display on or through Monthly Marketing Seminar + Office Hours and/or the MemberVault portal (“User Content”), you grant to us a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from any such User Content in any and all media or formats for advertising and marketing or any other lawful purposes.
You retain the right to remove your User Content at any time.
If you remove your User Content, the license granted to us expires but we retain the license to the extent that any User Content has been incorporated into our advertising and/or marketing or on our content sites.
User Limitations
You agree to use Monthly Marketing Seminar + Office Hours for lawful purposes only and agree not to violate or attempt to violate any security features of the MemberVault portal including, but not limited to:
Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of the MemberVault portal or any associated system or network, or to breach security or authentication measures without proper authentication;
Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the MemberVault portal overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
Using the MemberVault portal to send unsolicited email, including, without limitation, promotions or advertisements for products or services;
Forging any TCP/IP packet header or any part of the header information in any email or in any posting to the MemberVault portal; or
Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the MemberVault portal.
You understand that any violation of system or network security may subject you to civil and/or criminal liability. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
Legal and Financial Disclaimer
You understand and agree that Monthly Marketing Seminar + Office Hours is intended to provide information and education. You agree that the information provided is not business, financial, or legal advice.
You should consult with an attorney, accountant, and/or financial advisor in your area who understands your particular personal, business, and financial situation so that you can take the right steps for you and your situation.
Earnings Disclaimer
You understand and agree that Monthly Marketing Seminar + Office Hours is intended to provide information and education to assist you in attaining your goals.
You understand and agree that your success depends entirely on your personal and business experience, motivation, and individual capacity. There are no guarantees of any kind as to your earnings and income.
Medical Disclaimer
You understand and agree that Monthly Marketing Seminar + Office Hours is intended to provide information and education and is not intended as medical, psychological, or psychiatric advice and is not intended to provide diagnosis, treatment, prevention, cure or guarantee.
The information provided is not a substitute for professional medical, psychological, or psychiatric advice, diagnosis, or treatment for your individual condition and circumstance. You should consult with a licensed and/or registered health care professional about your individual condition and circumstance. You warrant that you have submitted to a physical examination and have a physician’s approval to participate or are participating without the approval of a physician of your own volition and at your own risk.
You should always consult with a licensed and/or registered health care professional before making any health or dietary changes or beginning any exercise program. If you are pregnant, nursing, obese, diabetic, or have any other medical or mental condition, you should follow the supervision of a licensed and/or registered health care professional.
By starting any exercise program, you assume all risks of injury, dangers, and/or hazards as a result of doing so. You should use any equipment shown in any exercise program as demonstrated only.
Do not stop taking any prescribed medications or disregard or delay seeking medical advice based on any information contained in Monthly Marketing Seminar + Office Hours.
No Warranty or Liability
The information provided in Monthly Marketing Seminar + Office Hours is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of Monthly Marketing Seminar + Office Hours or for any errors or omissions in its materials or contents.
The use of or the downloading of any materials from Monthly Marketing Seminar + Office Hours is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. We assume no liability for any computer virus or other similar software code that is downloaded to your computer from in Monthly Marketing Seminar + Office Hours or in connection with any materials offered through in Monthly Marketing Seminar + Office Hours.
THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
YOU AGREE THAT IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL KRISTI MITCHELL CONSULTING LLC AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OF OR INABILITY TO USE MONTHLY MARKETING SEMINAR + OFFICE HOURS OR ITS CONTENT; THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH MONTHLY MARKETING SEMINAR + OFFICE HOURS; ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT; ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES; OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.
KRISTI MITCHELL CONSULTING LLC’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL NOT EXCEED $100 (USD).
We expressly exclude any liability to the fullest extent of the law.
By purchasing Monthly Marketing Seminar + Office Hours, you agree to this limitation of liability and release Kristi Mitchell Consulting LLC from any and all claims.
Indemnification
You agree at all times to defend, hold harmless, and indemnify Kristi Mitchel Consulting LLC, and its subsidiaries, affiliates, agents, officers, directors, employees, or partners, from any claim, demand, cause of action, including attorney’s fees and costs, arising from your use of Monthly Marketing Seminar + Office Hours, as well as any third party claims of any kind arising from your actions in relation to Monthly Marketing Seminar + Office Hours, (including any content you submit, post to, or transmit through the MemberVault portal.
Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.
No Formal Endorsements
Any reference or link to any other companies, events, services, or products, in Monthly Marketing Seminar + Office Hours does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business.
You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Affiliate Disclosure
We may choose to provide an affiliate link to products and/or services that we believe align with Monthly Marketing Seminar + Office Hours. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.
You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Third Party Links
We may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by us. If you use those links, you leave Monthly Marketing Seminar + Office Hours.
You agree we are not responsible for the content, availability, or accuracy of other websites that may be linked to Monthly Marketing Seminar + Office Hours. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.
By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that we are not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.
By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from ours. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.
Notices
To You: We may provide any notice to you under these Terms of Use by sending a message to the email address you provide. It is your responsibility to keep your email address current.
b. To Us: You may provide any notice to us under these Terms of Use by sending a message to info@kristimitchell.com .
Notices sent by email will be effective upon the sender’s receipt of an acknowledgment from the intended recipient (such as by the “return receipt requested” function, as available, return email, or other written acknowledgment); provided that if such notice is not sent during the normal business hours of the recipient, such notice shall be deemed to have been sent at the opening of business on the next business day for the recipient.
Amendments
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time and it is your responsibility to review these Terms of Use for any changes.
Such amendments are effective immediately upon us posting the revised Terms of Use to Monthly Marketing Seminar + Office Hours and sending a message to the email address you provide in accordance with the procedure outlined in the Notices section herein.
No Assignment
These Terms of Use are not assignable, delegable, sublicensable, or otherwise transferable by you. Any assignment, delegation, sublicense, or transfer by you is null and void.
Waivers
No failure to exercise and no delay in exercising any right, remedy, or power under these Terms of Use shall operate as a waiver thereof.
Dispute Resolution and Jurisdiction
These Terms of Use shall be governed and construed according to the laws of the State of New York, without regard to conflict of laws principles. The nearest state and federal court to Rochester, New York shall have exclusive jurisdiction over any case or controversy arising from Monthly Marketing Seminar + Office Hours.
By purchasing Monthly Marketing Seminar + Office Hours, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.
In the event that Kristi Mitchell Consulting LLC must make a claim for any breach of these Terms of Use by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs.
Severability
If any provision of these Terms of Use shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS OF USE, PLEASE CONTACT: info@kristimitchell.com