Last updated on November 22, 2021
This Website Usage Agreement ("Agreement") is between a User ("you," "your") and the owners of Lydia Kitts Creative, LLC ("we," "our," "the company"). Your participation in the use of this website is conditional on your acceptance of the terms and conditions contained in this Agreement. You are deemed to have accepted this Agreement by using the website.
All website users must be at least 13 years old or of necessary age in their country of residence.
If you have questions about this site, contact firstname.lastname@example.org.
You agree to comply with all US Federal CAN-SPAM Acts. We have a zero tolerance policy towards SPAM or any user associated with SPAM. If, at our absolute discretion, we establish that you are involved with SPAM in any way including creating, sending, or otherwise distributing SPAM we may immediately terminate your ability to use the website.
Basically, if you purchase a template or product, you are not allowed to share it with your industry friends. If they need a template, We recommend you get an affiliate link by clicking here and give them the opportunity to purchase a template or product through your link.
At times, personal information, such as your name and email address are collected in exchange for our content and/or products. We will never force you to give us this information; such activity is strictly voluntary.
This website tracks visitors for the purpose of analyzing user data and metrics. This is done through cookies and pixels, as well as other, more modern means.
Cookies, Log Files and Web Beacons
Like many other Web sites, we makes use of log files. These files merely logs visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’s analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.
Third-Party Privacy Policies
If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites.
What Are Cookies?
The owner of this website is Lydia Kitts Creative, LLC located at 109 Boone St Berea KY 40403. Our phone number is (859) 200-9087. Our email address is email@example.com.
You agree to receive email or other electronic communications from us including but not limited to newsletters, site updates, promotion resources, and other announcements and correspondence if you opted in to such email. You agree that all electronically-sent agreements, notices, disclosures and other communications that we provide satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications. We accept no responsibility for the accurate receipt of any such emails and you are responsible for ensuring that your email address is not blocked or impaired in any way, including by ensuring 'white-listing' of our email address.
If you unsubscribe from receiving our emails, you acknowledge and understand that you may no longer receive information or updates from us, related courses, or any of our other properties.
Intellectual Property (IP) Ownership
We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights that may subsist in our websites including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to Lydia Kitts Creative, LLC, or any of our other properties or to our licensors ("IP"). You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our Intellectual Property except as expressly provided in this Agreement or with prior written consent from us.
GUARANTEES, LIABILITY AND DISCLAIMERS
While we endeavor to ensure that our website content is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the material appearing on Lydia Kitts Creative, LLC or any of our other website properties beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our websites and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether express, implied, statutory, or otherwise) including but not limited to warranties of non-infringement, merchantability, or fitness for a particular purpose.
We (Lydia Kitts Creative, LLC) make no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through our communications or your participation in the purchase of any of our products or participation in our affiliate program. Past results are not an indication or promise of your results. There is no guarantee you will earn any money using any of our materials, and your revenue is dependent solely on you and your actions or non-actions.
We reserve the right to link to products or services for which Lydia Kitts Creative, LLC earns a commission. A commission, affiliate fee and referral fee are all the same thing for this purpose. We will use reasonable efforts to conspicuously disclaim affiliate links in articles, resources and similar communications.
Limitation of Liability
To the extent legally permitted, in no event shall Lydia Kitts Creative, LLC, courses, or any of our other properties or our affiliates, distributors, licensors, agents, or any of our or their directors, employees, or agents be liable as a result of your use of our websites or use of this website for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including without limitation loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data howsoever arising including without limitation through an action in contract, tort (including negligence) or otherwise, even if we or our affiliates, distributors, licensors, or agents, or any of our or their directors, employees, or agents have been advised of the possibility of such damages.
If you are using our products for business purposes, you agree that the guarantees provided or any comparable consumer protection legislation shall not apply to separately purchased services.
Your use of our website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our websites or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should our websites or the services supplied through our websites become unavailable, interrupted or delayed for any reason.
Although we endeavor to prevent the introduction of viruses or other malicious code (together, "malicious code") to our websites, we do not guarantee or warrant that our websites, or any data available therein, do not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our websites does not expose your computer system to the risk of interference or damage from malicious code.
Although we endeavor to protect the security of your contact information, you acknowledge the risk of unauthorized access to (or alteration of) your transmissions or data or of the information contained on your computer system or on our websites. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of our websites or any outbound hyperlinks.
Your use of our websites and content is voluntary. You shall indemnify us and our affiliates, distributors, licensors, and agents and all of our and their directors, employees, and agents against, holding all harmless from any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from your use of our websites and content or your failure to maintain the confidentiality or security of your password or access rights.
Any waiver by us of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.
We reserve the right to amend this Usage Agreement and Disclaimer as needed from time to time. You are bound by any changes made to this Agreement and your acceptance of any income through or due to the Affiliate Program will be regarded as acceptance by you of any changes to this Agreement. We will endeavor to inform you of any changes made to this Agreement via email.
If you provides us any feedback about our websites or any products, you grant us the right to use that feedback for the purpose of improving our websites or Affiliate Program (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgement of their source.
Severability, Headings & Merger
Headings are inserted for convenience and shall not affect the construction of this Agreement. The singular includes the plural and vice versa. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in this Agreement will remain in full force and effect. This Agreement supersedes any existing communications or Agreements, and is the full extent of the agreement between the parties.
We do not necessarily endorse or recommend any of the goods or services advertised on or through our websites. We do not necessarily endorse or recommend any affiliates using our services.
Our websites provide links and pointers to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
Any controversy or claim arising out of or relating to the Event will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.
This Agreement is governed by the laws of the state of Kentucky the United States of America (USA) and the courts of Kentucky, USA shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this Agreement.
All rights reserved
All rights not expressly granted in this Agreement are reserved by us.
If you do not see a usage scenario here that applies to your intended usage, or for any questions about our branding guidelines, contact us at firstname.lastname@example.org.
SPECIFIC PRODUCT GUARANTEES & WARRANTIES
All Purchases including Courses
- Access to your purchase is for one calendar year from your date of purchase, unless otherwise authorized in writing.
- Refunds are allowed for any reason* within 14 calendar days of purchase by emailing email@example.com.
- If you are suspected of fraud or piracy as flagged by your payment account, we reserve the right to deny your refund and/or immediately remove your access to Our content.
Secretly Successful In-Person Events and Retreats
- If any portion of this Agreement or your Event Liability Waiver is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable.
- It is Client's sole responsibility to get to and from the Event.
Private 1:1 Sessions with Lydia Kitts
- Sessions must be used within 90 days of original purchase unless otherwise agreed upon or stated.
- If you cancel within 24 hours your session will be forfeited.
- If you reschedule more than once you forfeit your session.
- Sessions will be recorded for you to reference later unless you do not wish to utilize this benefit; we reserve the right to delete the recording 30 days after your session.
If you elect to pay via a Payment Plan instead of the "pay-in-full" option at checkout, you hereby agree to be bound by the following terms of your payment plan:
- You agree to pay your payment on time, as invoiced to you or on your agreed upon date upon registration for any of Our courses, programs, coaching and/or products.
- You agree to pay a late fee of $15 per day that your payment is not received. For example, if your payment is due on January 1, and you do not pay until January 5, You will pay an additional late fee of $75 when We invoice you for your late payment.
- You agree to pay any and all legal fees related to collection of your payment, including, but not limited to: a collections agency; and chargeback costs; and legal fees; and late fees; and additional processing costs associated with your late payment; and any other reasonably related expenses.
Effective Date: 01-Nov-2020
Last Updated: 02-Nov-2022
Cookies are small text files that are used to store small pieces of information. They are stored on your device when the website is loaded on your browser. These cookies help us make the website function properly, make it more secure, provide better user experience, and understand how the website performs and to analyze what works and where it needs improvement.
The third-party cookies used on our website are mainly for understanding how the website performs, how you interact with our website, keeping our services secure, providing advertisements that are relevant to you, and all in all providing you with a better and improved user experience and help speed up your future interactions with our website.
Types of Cookies we use Manage cookie preferences Cookie Settings You can change your cookie preferences any time by clicking the above button. This will let you revisit the cookie consent banner and change your preferences or withdraw your consent right away.
In addition to this, different browsers provide different methods to block and delete cookies used by websites. You can change the settings of your browser to block/delete the cookies. Listed below are the links to the support documents on how to manage and delete cookies from the major web browsers.
Internet Explorer: https://support.microsoft.com/en-us/topic/how-to-delete-cookie-files-in-internet-explorer-bca9446f-d873-78de-77ba-d42645fa52fc
If you are using any other web browser, please visit your browser’s official support documents.
Last Updated On 02-Nov-2022
Effective Date 01-Nov-2020
Information We Collect:
We will collect and process the following personal information about you:
How We Use Your Information:
We will use the information that we collect about you for the following purposes:
Creating user account
Customer feedback collection
Manage customer order
User to user comments
Manage user account
If we want to use your information for any other purpose, we will ask you for consent and will use your information only on receiving your consent and then, only for the purpose(s) for which grant consent unless we are required to do otherwise by law.
How We Share Your Information:
We will not transfer your personal information to any third party without seeking your consent, except in limited circumstances as described below:
We require such third party’s to use the personal information we transfer to them only for the purpose for which it was transferred and not to retain it for longer than is required for fulfilling the said purpose.
Retention Of Your Information:
Depending on the law that applies, you may have a right to access and rectify or erase your personal data or receive a copy of your personal data, restrict or object to the active processing of your data, ask us to share (port) your personal information to another entity, withdraw any consent you provided to us to process your data, a right to lodge a complaint with a statutory authority and such other rights as may be relevant under applicable laws. To exercise these rights, you can write to us at firstname.lastname@example.org. We will respond to your request in accordance with applicable law.
You may opt-out of direct marketing communications or the profiling we carry out for marketing purposes by writing to us at email@example.com.
Do note that if you do not allow us to collect or process the required personal information or withdraw the consent to process the same for the required purposes, you may not be able to access or use the services for which your information was sought.
The security of your information is important to us and we will use reasonable security measures to prevent the loss, misuse or unauthorized alteration of your information under our control. However, given the inherent risks, we cannot guarantee absolute security and consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
Third Party Links & Use Of Your Information:
Grievance / Data Protection Officer:
If you have any queries or concerns about the processing of your information that is available with us, you may email our Grievance Officer at Lydia Kitts Creative, LLC DBA Turnquist House, 109 Boone Street, Berea KY 40403, email: firstname.lastname@example.org. We will address your concerns in accordance with applicable law.