The following Terms of Use are entered into by and between You and KMA Marketing, LLC, operating as KristinAzanza.com (“Company”, “we”, “us”, or “KristinAzanza”), a.k.a., Her EmpactSuite.
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of KristinAzanza.com, including any content, functionality, and services offered on or through KristinAzanza.com (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, including the agreements incorporated by reference herein, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We, Her EmpactSuite, a subsidiary of KMA Marketing, LLC, reserve the right to revise and update these Terms of Use at our sole discretion. Any modifications become effective immediately upon being posted on the Website and apply to all users thereafter. Your continued use of the Website following the posting of revised Terms of Use constitutes your acceptance and agreement to abide by the updated terms. It is your responsibility to periodically review this page to stay informed of any changes, as they are binding upon you.
Your use of the Website is also subject to Her EmpactSuite's Privacy Policy. We encourage you to review our Privacy Policy, which governs the Website and provides details about our data collection practices. By using this Website, you agree to the terms outlined in the Privacy Policy, which are hereby incorporated into these Terms of Use.
Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
Website Availability:
We reserve the right to withdraw or amend the Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
Registration Details:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Confidentiality & Security:
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Please exercise caution when accessing your account from a public or shared computer to prevent others from viewing or recording your password or other personal information.
Disabling Accounts:
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
License Grant:
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.
Prohibited Use:
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
Intellectual Property Rights:
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
No Resale:
The Company's content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
Trademarks:
The Company name, the Company logo, the Company slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
We, the Company, strive to provide accurate and valuable information on this website and within our downloadable resources, we cannot warrant with absolute accuracy of all information presented. The Company cannot be held liable for any errors or omissions on this website or for any adverse outcomes resulting from failure to seek professional advice from an appropriate expert familiar with your specific circumstances.
By utilizing this website, you acknowledge and assume personal responsibility for the outcomes of your actions. You agree to accept full responsibility for any harm or losses incurred as a result of using or refraining from using the information available on this website or within its downloadable resources. You pledge to exercise prudence and conduct due diligence before acting upon any recommendations or suggestions provided on this website.
You understand and agree that the Company does not offer any guarantees regarding the outcomes of implementing any recommendations, whether found on this website or elsewhere. The Company provides educational and informational resources designed to support users in achieving success; however, you acknowledge that your ultimate achievements will depend on your individual efforts, circumstances, and myriad other factors beyond the Company's control and knowledge.
Intellectual Property Rights:
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
No Resale:
The Company's content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
Trademarks:
The Company name, the Company logo, the Company slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Email Communications:
When you visit our Website or correspond with the Company via email, you're engaging in electronic communications. By doing so, you agree to receive communications from us electronically, acknowledging that all agreements, notices, disclosures, and other communications provided to you via email or on the Website satisfy any legal requirements for written communication.
While we value and encourage electronic communication, it's important to note that such interaction does not automatically establish a business or contractual relationship with the Company. We strive to maintain the confidentiality of all communications as outlined in our Privacy Policy, although we cannot guarantee absolute security, and we may be compelled to disclose communications under certain legal circumstances, such as a court order.
Additionally, please note that by engaging in electronic communication with us, you also acknowledge that you have the authority to unsubscribe from email communications at any time. Instructions for unsubscribing from our email communications will be provided in each email correspondence or can be requested by contacting the Company.
Use of Communications:
Our communication channels encompass various platforms, including our Website and social media channels such as Facebook, Instagram, LinkedIn, TikTok, and others. These platforms offer features such as messaging, posts, comments, membership communities, and broadcast channels, collectively referred to as "Communication Services."
Whether you're interacting on our Website or engaging with us on social media, you agree to engage responsibly, ensuring that your posts, messages, and interactions are appropriate and relevant to the specific platform or community. Whether you're participating in discussions, messaging fellow members, commenting on posts, or engaging in broadcast channels, it's essential to maintain respectful and relevant communication within each respective platform.
By utilizing these Communication Services on our Website and social media platforms, you acknowledge your responsibility to adhere to platform guidelines, respect the rights of others, and contribute positively to the collective experience.
When using our Communication Services, you agree not to engage in activities that could harm others or violate their rights, including defamation, harassment, or spreading inappropriate content. This includes refraining from sharing any material that is defamatory, profane, infringing, or unlawful. Additionally, you must not upload files containing viruses or engage in any actions that could damage the operation of another user's system or of the Company. It's important to respect the guidelines of each Communication Service and refrain from any actions that could harm or inhibit others' use of the platform. Violating these terms may result in immediate termination of access to our services and could lead to legal consequences.
The Company reserves the right to monitor and manage Communication Services, including the removal of materials at our discretion. We may terminate your access to these services without notice for any reason. Additionally, we may disclose information as required by law or to enforce our policies. Please exercise caution when sharing personal information, as we do not control or endorse Communication Services' content. We disclaim liability for any consequences resulting from your participation. Uploaded materials may be subject to usage limitations, and users are responsible for compliance.
We do not claim ownership of the materials you provide to the Website, but by submitting your content, you grant us permission to use it for our Internet businesses. This includes the right to copy, distribute, publicly display, and perform your submission, as well as to publish your name in connection with it. Please note that no compensation will be provided for the use of your submission.
Third Party Websites:
We'd like to inform you that our Website may contain links to other websites ("Linked Websites"). Please note that these Linked Websites are independently operated, and we bear no responsibility for their content or any updates they may undergo. We provide these links solely for your convenience, and their presence does not imply our endorsement.
Furthermore, certain services available on our Website are provided by third-party websites and organizations. By utilizing these services, you acknowledge and agree that we may share information and data with these third parties as necessary to deliver the requested products, services, or functionalities on behalf of our users and customers.
Affiliate Links:
Additionally, it's important to mention that some of these links may be affiliate links, which means we may earn a commission if you make a purchase through them. However, rest assured that this does not affect your experience or the price you pay for any products or services.
Paid offers and materials:
The Company offers various courses, programs, and associated materials for sale on this Website. Upon purchase, you are granted a limited, personal, non-exclusive, non-transferable license to use these materials (collectively referred to as the “Courses”) for your personal or internal business use. You acknowledge that you have no right to modify, copy, reproduce, create derivative works of, reverse engineer, or exploit the Courses in any manner without express written consent.
Furthermore, you agree that the purchased Courses are for your sole use and may not be sold or redistributed without our explicit permission. You also agree not to create derivative works based on the Courses or offer competing products or services using information obtained from them."
Free offers and materials:
The Company also provides various free downloadable materials containing informational or educational content on this Website. These materials are offered for your personal or business development without any implied ownership transfer. You are granted permission to use these materials for your personal or internal business use only.
It's important to note that by downloading these materials, you do not acquire any ownership rights, and they may not be sold or redistributed without our explicit consent. Additionally, you agree not to create derivative works based on these materials or offer competing products or services using the information provided.
All sales of our digital education, products, and services are final and non-refundable. This policy applies to all purchases, including those made through payment plans. As our offerings are digital in nature, we are unable to process refunds once the purchase is complete. We appreciate your understanding and commitment to our digital learning experiences.
You acknowledge and agree that the Company shall not be held liable for any loss or damage incurred as a result of using the information on this website or any resources downloaded from it. The Company is not liable for any direct, indirect, special, incidental, equitable, or consequential damages arising from the use of this website.
The information, software, products, and services provided on this website may contain inaccuracies or typographical errors. The Company and its suppliers may make improvements or changes to the website at any time.
The Company and its suppliers make no representations about the accuracy, reliability, availability, or timeliness of the information provided on the website. All information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind.
In no event shall the Company or its suppliers be liable for any damages arising from the use of this website, including but not limited to direct, indirect, punitive, incidental, or consequential damages. This includes damages for loss of use, data, or profits, whether based on contract, tort, negligence, strict liability, or otherwise.
Your sole and exclusive remedy for dissatisfaction with the website or these terms of use is to discontinue using the website.
If the parties are unable to resolve any dispute arising out of or related to these Terms and Conditions, including any provisions herein, through informal negotiations, then such dispute shall be exclusively resolved through binding arbitration in accordance with the Federal Arbitration Act. The arbitration shall be conducted by a single neutral arbitrator selected by mutual agreement of the parties or appointed by the American Arbitration Association (AAA) or a similar arbitration service chosen by the parties. The arbitration proceedings shall take place at a location mutually agreed upon by the parties.
The arbitrator's decision shall be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. In the event of any legal or equitable action, proceeding, or arbitration arising from or relating to these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees.
The parties agree to arbitrate all disputes and claims arising directly or indirectly from these Terms and Conditions, including tort claims. The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision.
The Arbitrator shall have the authority to determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms and Conditions.
The Service is controlled, operated, and administered by the Company 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 Company Content accessed through the Company in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless KMA Marketing, LLC, and it's subsidiary HerEmpactSuite, its officers, directors, employees, agents, and third parties, from and against any and all losses, costs, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. KMA Marketing, LLC, and it's subsidiary HerEmpactSuite, reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KMA Marketing, LLC, and it's subsidiary HerEmpactSuite, in asserting any available defenses.
The Company reserves the right, at its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, any disputes arising under or related to this Website or the Terms of Use shall be resolved pursuant to the Arbitration Clause above. Access to the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or your use of the Website. The Company's performance of this agreement is subject to existing laws and legal process, and nothing contained herein shall be construed to derogate the Company's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement, inclusive of the Privacy Policy and Disclaimer, constitutes the entire agreement between you and the Company concerning the Website, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company regarding the Website. A printed version of this agreement and any electronically transmitted notices shall be admissible in judicial or administrative proceedings relating to this agreement, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties expressly wish that this agreement and all related documents be drafted in English.
The Company retains the right, at its sole discretion, to modify the Terms of Service under which the Website is provided. The most recent version of the Terms will replace all prior versions. The Company recommends that you regularly review the Terms to stay informed about any updates.
KMA Marketing, LLC welcomes all questions or concerns regarding the Terms:
contact: [email protected]
Last updated: March 28th, 2024