Terms of Use (“Terms”)

Last updated: May 20, 2018

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.conversationswithkate.net website and associated social media or teaching courses or materials (the “Service”) operated by Conversations With Kate.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then please do not access the Service. Your permission to use this website is dependent on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

Communications

When you make the choice to become a subscriber, you agree to subscribe to informational emails that are sent to the email list. However, you may opt out of receiving any, or all, of these communications from me by following the unsubscribe link or instructions provided in any email I send. When you subscribe, your (first) name, email address, and country are stored in a database on Mailchimp.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. All purchases for lessons or other materials are processed by PayPal.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to me is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant me the right to provide the information to these third parties subject to our Privacy Policy.

I reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

I reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors, and Inaccuracies

I am constantly updating product and service offerings on the Service. I may experience delays in updating information on the Service and in information on other websites, including Soundcloud where the Conversations with Kate podcast is uploaded. The information found on the Service may contain errors or inaccuracies and may not be complete or current. I will do my best to keep things up-to-date and correct.

However, I reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Promotions

Any promotions made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as this Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Content

This Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”) on Social Media or Patreon. You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant me the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. I reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. I take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant me the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for me to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Conversations With Kate has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Conversations With Kate or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from me.

Accounts

When you create an account with Conversations with Kate, you guarantee that you are above the age of 18, and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with this Service or a third-party service. You must notify me immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

I reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in my sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Conversations With Kate and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Trademarks of Conversation with Kate may not be used in connection with any product or service without the prior written consent of Conversations With Kate.

Links To Other Web Sites

This Service may contain links to third-party websites or services that are not owned or controlled by Conversations With Kate.

Conversations With Kate has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. I do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Conversations With Kate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party websites or services.

I strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Affiliates

This site may use affiliate links to sell certain products or services. I only recommend what I’ve used myself and found helpful. Clicking the links doesn’t cost you anything, and if you happen to buy the product I will receive a small commission. I disclaim any and all liability as a result of your purchase through one of these links. I will notify you when and where I have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Termination

I may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under my sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Conversations With Kate and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Conversations With Kate, partners, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not I have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Conversations With Kate its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. All efforts have been made to be in compliance with the GDPR – General Data Protection Regulations of the European Union.

Failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding this Service, and supersede and replace any prior agreements I might have had between us regarding the Service.

Changes

I reserve the right, at my sole discretion, to modify or replace these Terms at any time.

By continuing to access or use this Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Me

If you have any questions about these Terms, please contact me.