Last updated: April 16, 2017
Welcome to www.KFMultimedia.com, operated by KF Multimedia & Web. Inc. (“KFMW,” “we” or “us”). The following terms and conditions (the “Agreement” or “Terms”) form a binding agreement between you and KFMW regarding your use of www.KFMultimedia.com, our affiliated websites at www.thewebsitestrategist.com, www.kathleenfealy.com and www.webconversionplus.com, and any of our related websites to which traffic may be redirected (collectively referred to in this Agreement as the “Website” or “Websites”). Please review the following Terms carefully.
These Terms apply to “you”–all visitors, users and others who access or use, and/or the companies on whose behalf that person accesses or uses the Website and/or our products, programs, services, consulting and content (“Services”). By using the Website and/or any Services, you are agreeing to these Terms. If you do not wish to agree to these Terms, you must cease use of the Website and our Services.
KFMW and its affiliated Websites offer products, services, consulting and content related to creating strategies and action plans for improving online website performance, traffic and/or revenue over the long-term. All products and services are provided in English only.
REGISTRATION AND ACCOUNT RESPONSIBILITIES
When participating in KFMW’s Services, you may receive usernames and passwords or be asked to create account usernames and passwords for access to various services. In addition, you may be granted access to Private Facebook Groups upon request.
When creating account(s):
- Do not use the name of another person, entity, trademark, company or one that is not available for use legally or without authorization or written permission, nor can you use a name that others would consider offensive or vulgar. If so, KFMW, in its sole discretion, may remove your account without prior notice.
- Ensure that all information is complete, accurate and current at all times. If information is deemed to be inaccurate or obsolete, your account may be terminated and/or we may refuse to fulfill your order(s).
- Keep your password in a safe place and make it difficult to guess.
You are responsible for maintaining the confidentiality of your account and password on your computer or any public computer, and are responsible for any activity on your account. If your account information is stolen, please immediately change your account password and notify KFMW and any related-third party that may be affected.
You agree not to assign, transfer or give your account information to any other person or entity. KFMW is not responsible for any activity that occurs on your account by a third-party including theft, misappropriation, slander or liable. KFMW, its associated contractors, vendors and third-parties reserve the right to remove or edit content, refuse or cancel Services and/or accounts at our sole discretion. In such an event, our standard refund policies will not apply.
PAYMENT TERMS / SUBSCRIPTION PAYMENT
- When making a purchase, and completing the checkout process for any service or product on the Website, you agree to pay KFMW the agreed upon fee at the time of purchase, either the payment in full price (one-time) or the subscription price (monthly or for specific term).
- You are responsible for all payments unless a refund is granted in accordance with our Refund Policy, below.
- You must provide accurate billing and credit card information. Failure to do so may delay or prevent your access to Services, cause termination of your account, and/or affect your refund possibilities. If your billing address or credit card information changes due to lost or stolen credit card, you must timely update your information with us by either contacting the processing agent or email@example.com.
- You authorize KFMW to obtain updated or replacement expiration dates for the credit card we have on file if they expire and if a renewal card is issued, you authorize us to charge that card in the same manner as the expired card.
- If payment is not received from your card issuer, you agree to pay all amounts due in full and on demand.
- If collection becomes necessary, and we truly hope to avoid this for all concerned, you agree to pay all our collection costs including attorney fees and costs, including interest on the outstanding balance due at the rate of 9% per annum until paid in full.
- You are responsible for any foreign transaction fees or related charges.
- All payments must be in US Dollars.
EMAIL UNSUBSCRIBES | REFUND POLICY
You may unsubscribe from any KFMW email communications at any time by clicking on the link at the bottom of each email. If you cancel your email subscriptions while participating in a product, program or service via a purchase, you will not be entitled to a refund for that product, program or service.
We want you and your online business to succeed but you also need to do the work and give it your best effort to apply all the strategies that we teach. We do offer refunds for purchases within the specified timeframe noted on the course sales page. However, in order to qualify for a refund, you must follow ALL the steps in this refund policy:
- Contact us at firstname.lastname@example.org within the time limit specified on the course page to let us know there is a problem and to request a Dropbox link from us.
- Attach a copy of your purchase receipt.
- Submit all of your work product created in completion of the assignments, including your completed worksheets, workbooks, checklists and tool exercises (as outlined in the curriculum/agenda) via Dropbox.
- Make yourself available for a virtual “office hour” consultation so we can address your concerns and see what’s involved to get you back on track.
- If, after our consultation and reviewing all your work product, we determine that our program really isn’t a fit for your needs, we will issue a refund.
If you request a refund and do not include your coursework and do not make yourself reasonably available for our consultation by the end of the refund timeframe, you will not be granted a refund.
We will NOT provide refunds beyond the time frames specified on the course page. After that time, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
All refunds are discretionary as determined by KFMW.
INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
All of the content including, but not limited to, the organization, graphics, videos, design, compilation, magnetic translation, digital conversion, software, services, computer coding and other matters related to the Website and/or Services (the “Content”), are the sole property of KFMW, except where specifically indicated. As such, the Content is protected to the maximum extent permitted by copyright laws, trademark laws, other proprietary laws (including, but not limited to, intellectual property and trade secret laws) and international treaties. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Content, without our (or the applicable third-party’s) prior written permission specific for each such use.
Any Content (including the products themselves) displayed on the Website and/or Services is protected by copyright law and international treaties as an original work, a compilation and a collective work. Any reproduction, modification, creation of derivative works from or the distribution of the Content, the Website and/or Services or the collective work and / or copying or in any way reproducing the Content, the Website and/or Services or any portion thereof to any fixed medium for reproduction or redistribution is prohibited without the express written consent of KFMW. Without limiting any of the specific rights or prohibitions herein, you agree not to reproduce, duplicate, copy, sell, create derivative works of, or exploit for any commercial purpose the Content, the Website and/or Service or any aspect or portion thereof.
KFMW respects the intellectual property rights of others and takes any violation of those rights very seriously. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide KFMW’s copyright agent with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed or, in the case of multiple copyrighted works, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KFMW to locate the material.
- Information reasonably sufficient to permit KFMW to contact you, such as an address, telephone number and, if available, an e-mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or under applicable laws.
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
KFMW’s agent for notice of claims of copyright and other intellectual property right infringement can be reached as follows:
By U.S. Mail:
Copyright Claims Agent
KF Multimedia & Web, Inc.
457 W 57th Street, #811
New York, New York 10019
By Email: email@example.com
RULES REGARDING SOCIAL MEDIA, COMMENTING & ELECTRONIC COMMUNITIES
The Websites may include the capacity for you to publish and obtain access to various kinds of information and materials, all of which we call “User Content.” User Content also includes information and materials posted to the Website by you. We may also choose to use Facebook and other social media to create and encourage community engagement.
By posting, uploading, inputting, providing or submitting any User Content, you are granting to KFMW, without any compensation to you, a non-exclusive, perpetual, and worldwide license to use your User Content for any purposes and in any way KFMW deems fit including, without limitation, to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Content, and to publish your name in connection with your User Content.
You agree not to revise or obscure User Content posted by others (including advertising and promotions authorized by KFMW), and you agree not to post or use any User Content in any manner that:
- infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
- violates the privacy, publicity, or other rights of third parties,
- is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by KFMW in its sole discretion,
- is false or inaccurate, or
- could damage our company, affiliates, advertisers, or other parties.
Though we strive to enforce these rules with all of our users, you may be exposed through the Website and/or Services to User Content that violates our policies or is otherwise offensive. We take no responsibility for your exposure to User Content on the Website whether it violates our content policies or not. You may use the Website and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove User Content from the Website if we determine or suspect that those accounts or User Content violate the terms of this Agreement or the applicable agreement with the offending user(s).
To make the use of our Website and Services a good experience for all of our users, you agree not to do any of the following:
- conduct or promote any illegal activities while using the Website and/or Services;
- sell or promote products, services or multi-level marketing programs;
- upload, distribute or print anything that may be harmful to minors;
- attempt to reverse engineer or jeopardize the correct functioning of the Website and/or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
- attempt to gain access to secured portions of the Website and/or Services to which you do not possess access rights;
- upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- use the Website and/or Services to generate unsolicited email advertisements or spam;
- use any automatic or manual process to search or harvest information from the Website and/or Services or to interfere in any way with the proper functioning of the Website and Services; or
- impersonate another user.
THIRD PARTY SERVICES AND ASSOCIATED LINKS
As part of our goal to make your experience as seamless as possible, links to third-party websites may be contained in the Websites such as Private Facebook Groups, emails, videos, and course content. When the links are placed in the Website and/or associated communication vehicles, they are done to direct you to the appropriate, expected content. However, KFMW cannot and does not control contents of the third-party websites and the possible redirection of the link to different or missing content.
The links should not be considered endorsements. If there is an affiliate relationship (payment or credit in return for referral), KFMW will disclose these relationships.
Although we make every effort to accurately represent the services and/or products presented on this Website, we make no assurance, representation or promise regarding future earnings or income, or that you will make any specific amount of money, or any money at all, or that you will not lose money.
Earnings or income statements, or examples of earnings or income, represent estimates of what you may earn; however, there is no promise or guarantee that you may experience the same level of earnings or income. There is no assurance that any prior success or past results regarding earnings or income may be an indication of your future success or results.
Any statements or examples on our Websites of actual earnings that are attributed to a specified individual or business will come from information supplied directly by that individual or business and is not independently verified by us; however, these statements or examples should not be viewed as promises or guarantees of earnings or income. Earnings and income potential are affected by a number of factors over which we have no control, including but not limited to your financial condition, talent, skills, level of effort, motivation, past experience and education, your competition, and changes within the market. Each participant’s situation is unique, and while guidance is provided by KFMW, final actions are determined by you and your supporting team, who has access to company data and final decision-making authority.
Operating a business on the Internet involves unknown risks. You should make decisions based on information provided through services and/or products presented on this Website with the understanding that an Internet business may not be suitable for you, and that you could experience significant losses or fail to generate any earnings or income at all.
The Content, Website, and Services provided by KFMW are for your general information and education and may not apply to your particular technological configuration and/or geographic jurisdiction out of which you operate. You should undertake your own due diligence regarding your evaluation of any services and/or products presented on this website, and this includes relying on qualified professional advisors to assist you with your evaluation. The Services provided by KFMW are not meant to substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, professional, medical, or legal matters.
For the foregoing reasons, you agree that we are not responsible for any decision you may make regarding any information or Services presented on the Website.
WARRANTIES/LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT ACCESS AND/OR USE OF THE WEBSITE AND/OR OUR SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND/OR OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND/OR OUR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. KFMW AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EXECUTIVES, EMPLOYEES, OWNERS, AND AUTHORIZED AGENTS (COLLECTIVELY, THE “COVERED PARTIES”), SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR OUR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KFMW AND THE COVERED PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN KFMW AND YOU. THE WEBSITE AND/OR OUR SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KFMW THROUGH THE WEBSITE AND/OR OUR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
KFMW IS NOT RESPONSIBLE TO YOU AND/OR ANY THIRD PARTY, WITHOUT LIMITATION, FOR: 1) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF, USER AND/OR MEMBER COMMUNICATIONS; 2) ANY POTENTIALLY OFFENSIVE, INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE AND/OR OUR SERVICES WHETHER CAUSED BY KFMW OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED ON THE WEBSITE AND/OR OUR SERVICES; 3) ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR 4) ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
THE MAXIMUM LIABILITY OF KFMW AND THE COVERED PARTIES TO YOU OR TO ANY THIRD PARTY, IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO ANY FEES THAT YOU HAVE PAID TO KFMW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KFMW SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS AND/OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND/OR OUR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE OR SERVICE.
You agree to indemnify, defend and hold KFMW, its parents, subsidiaries and affiliates, and each of their respective officers, directors, executives, employees, owners, and authorized agents, harmless from any and all loss, liability, claims and/or demands (including reasonable attorneys’ fees, costs and settlement amounts) made by any third party due to, or arising out of, your use of the Website and/or Services and/or arising from your breach of this Agreement.
To the extent the law permits, you release us from any claims or liability related to any Content posted on the Website, our Services, and/or from any claims related to the conduct of any other customers of ours. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
By accessing and using the Website and/or Services, you represent and warrant that you are more than thirteen (13) years of age and that, if you are under eighteen (18) years of age, your legal guardian has agreed to be bound with you by this Agreement. Otherwise, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority and capacity to agree to this Agreement and to abide by all of its terms and conditions.
We may change or discontinue the Website or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of these Terms. In the event of any termination, you will immediately cease access to the Website and Services.
The Website and the Services are controlled, operated and administered by KFMW from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the KFMW content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
DISPUTE RESOLUTION/GOVERNING LAW:
Should you violate the Terms pertaining to Account Responsibilities, Intellectual Property, Copyright Claims, and/or Rules regarding User Conduct, you acknowledge that those violations will be of such a character that KFMW will be irreparably injured and cannot be adequately compensated by money damages. Accordingly, you agree that KFMW may, in addition to pursuing its other remedies, apply for injunctive relief from any Federal or State Court having jurisdiction of the matter in the City, County, and State of New York, USA, restraining such violation, whether threatened or actual, and no bond or other security shall be required in connection with such injunction. The parties hereby consent to the jurisdiction of any such Court in which an application for injunctive relief is brought. The foregoing shall be in addition and without prejudice to such other rights that KFMW may have at law or in equity.
Any other matters shall be resolved either by Small Claims Court in New York, New York if the dispute amounts to $5000 or less, or by arbitration before one (1) arbitrator, pursuant to American Arbitration Association commercial arbitration rules, in its offices in New York, New York, or, if such offices are not available, at the closest facility to the business premises of KFMW. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. The prevailing party shall be entitled to recover from the other all costs for such action or arbitration including attorneys’ fees and costs incurred in enforcing the terms and conditions of this Agreement.
If a provision of this Agreement shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Neither party shall be liable for nonperformance or delay in performance, other than the obligations regarding payment of money or confidentiality, caused by an event reasonably beyond the control of the party including, but not limited to, wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lockouts, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any other act of God, or any law, proclamation, regulation, ordinance, or other act or order of any court, government, or governmental agency. A party’s decision to waive or ignore a breach or default of this Agreement shall not be deemed a waiver on any future breach or default. This Agreement is subject to change at any time, with or without notice. All changes are effective upon their posting on the Website. You agree that it is your responsibility to bookmark this page and to check it frequently for updates to your Agreement with us. If you object to any of the terms and conditions in the Agreement, if you become dissatisfied with the Website and/or Services or any subsequent modifications to the Agreement, your sole recourse is to immediately discontinue the use of the Website and/or Services.
CONSENT TO ENGLISH LANGUAGE
The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language. Les parties reconnaissent leur volonté expresse que la présente convention ainsi que tous les documents et contrats s’y rattachant directement ou indirectment soient rédigés en anglais.
We welcome your questions or comments regarding the Terms. Contact us at firstname.lastname@example.org.