Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to Kristen Westcott Media.  This website located at www.kristenwestcottmedia.com (“Website”) is owned and operated by Kristen Westcott. This website is comprised of various web pages operated by Kristen Westcott Media. 

 

Your use of the Website constitutes your acceptance of, and agreement to, the following terms and conditions (“Terms of Use”). We reserve the right to modify, alter, amend or update this Terms of Use. This Terms of Use is subject to change without notice. If you do not agree with or do not accept any part of this Terms of Use, you must not use the Website.

 

KristenWestcottMedia.com and Kristen Westcott provide information and inspiration for business owners.  Articles offer ideas on business models, approaches, marketing, sales, and other aspects of a business. This site has ebooks, programs, services, and products for sale on marketing, coaching, business, and business growth.

 

DISCLAIMER

We have made every effort to ensure that all information on the Website has been tested for accuracy. We make no guarantees regarding the results that you will see from using the information provided on the Website. 

 

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

 

EARNINGS DISCLAIMER

There is no promise or representation with respect to the accuracy, applicability, fitness, or completeness of the contents of the Website. There are no promises or guarantee that you will make a certain amount of money, or any money, or not lose money as a result of using our products and services. Any earnings, revenue, or income statements are strictly estimates. 

 

There is no guarantee that you will make these levels for yourself or concern the level of success for yourself. As with any business, your results will vary and be based on your own abilities, experience, capabilities, knowledge, and level of desire and in an infinite number of variables beyond our control that we have not anticipated. You should complete your own due diligence on use of our information, products, and services. You agree that we will not be liable for your success or failures.

 

EVENTS

From time to time, the Website may discuss topics related to events (“Event”). All Event content is for informational purposes only. Unless specifically disclosed in the content, the Website is not a partner or sponsor of these Events. 

 

If you choose to attend an Event that was listed on the Website, you assume all risk of any potential injuries that you may incur at such an Event. Please consider all inherent risks of a particular Event before participating. 

 

From time to time, the Events listed on the Website may contain an element of physical fitness. (e.g., 5k, bowling, etc.) If you are unsure of your physical abilities, you should seek medical advice prior to participating. 

 

You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge and covenant not to sue the Website and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses, or expenses (including court costs and reasonable attorneys’ fees) which may arise out of, result from, or relate in any way to your attendance at any Event, except for any gross negligence or willful misconduct on our part.

 

YOUR RESPONSIBILITY

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. We make no representations, warranties, or guarantees. You understand that results may vary from person to person. We assume no responsibility for errors or omissions that may appear on the Website.

 

LICENSE TO USE WEBSITE

Unless otherwise stated, the Website and/or its licensors own the intellectual property rights published on this website and materials used on the Website. Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for personal use only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

 

You must not:

  •   republish material from this website in neither print nor digital media or documents (including republication on another website);
  •   sell, rent or sub-license material from the website;
  •   show any material from the website in public;
  •   reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  •   edit or otherwise modify any material on the website;
  •   redistribute material from this website – except for content specifically and expressly made available for redistribution; or
  •   republish or reproduce any part of this website through the use of iframes or screen scrapers.

 

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

 

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities on or in relation to this website without the Website’s express written consent.

 

This includes:

  •   scraping
  •   data mining
  •   data extraction
  •   data harvesting
  •   ‘framing’ (iframes)
  •   Article ‘Spinning’

 

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

 

You must not use this website for any purposes related to marketing without the express written consent of Kristen Westcott Media.

 

RESTRICTED ACCESS

Access to certain areas of this website is restricted. Kristen Westcott Media reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. Kristen Westcott Media may change or modify this policy without notice.

 

If the Website provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

 

The Website may disable your user ID and password at the Website’s sole discretion without notice or explanation.

 

USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to the Website a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the Website the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or the Website or a third party (in each case under any applicable law).

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

 

Kristen Westcott Media reserves the right to edit or remove any material submitted to this website, or stored on the servers of the Website, or hosted or published upon this website.

 

Kristen Westcott Media’s rights under these terms and conditions in relation to user content, the Website does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

NO WARRANTIES 

The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. We make no representations or warranties in relation to the Website or the information and materials provided therein. 

 

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

 

ELECTRONIC COMMUNICATIONS

Visiting the Website or sending emails to Kristen Westcott Media constitutes as electronic communications. You consent and agree to receive electronic communications and all agreements, notices, disclosures and any other communications we provide you electronically via email, on the Site, satisfy any legal requirement that such communications be in writing. We do not knowingly collect, either online or offline, personal information from persons under the age of eighteen.

 

CANCELLATION / REFUND POLICY

Each product and services has its own refund policy.

 

LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, 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. 

 

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

 

If you do not think they are reasonable, you must not use this website.

 

OTHER PARTIES

You accept that, as a limited liability entity, the Website has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against www.kristenwestcottmedia.com’s officers or employees in respect of any losses you suffer in connection with the website.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the Website’s officers, employees, agents, subsidiaries, successors, assigns, and subcontractors as well as www.kristenwestcottmedia.com.

 

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to the Website’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Kristen Westcott Media may take such action as the Website deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

VARIATION

The Website may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

 

ASSIGNMENT

The Website may transfer, sub-contract or otherwise deal with the Website’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise, deal with your rights and/or obligations under these terms and conditions.

 

INDEMNITY

You agree to defend, indemnify, and hold the Website, its owners, 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 we suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); or, (iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

 

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the Province of Ontario, Canada. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the Canadian Arbitration Association (“CAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction therein. The place of any such arbitration shall be in or near the Regional Municipality of Niagara, Province of Ontario, Canada. The parties also agree that the CAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. 

 

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. 

 

The Terms of Use not be assigned by you without our prior written consent; however, the Terms of Use may be assigned by us in our sole discretion. 

 

All notices with respect to the Terms of Use must be in writing and made via email to hello@kristenwestcottmedia.com​ for the Website and to your email address.