OVERVIEW

This website is an Internet property of KYM WHITMAN MINISTRIES. Throughout the website, the terms “we”, “us” and “our” refer to KYM WHITMAN MINISTRIES. We offer this website (“Site”), including all information, tools, products, and services available from us to you, (“Member”, “Participant”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website, creating a membership account, and/or making a purchase from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “TOS”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, product, or service you receive, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Any new features or tools which are added to the website or service you receive from us shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.

DISCLAIMERS

KYM WHITMAN MINISTRIES and our parent, subsidiaries, affiliates, advocates, partners, officers, directors, members, agents, contractors, licensors, interns, and employees do not provide Professional Advice. While we hope and believe that KYM WHITMAN MINISTRIES and any tools, processes, strategies, training, products, programs, information, and other materials associated with KYM WHITMAN MINISTRIES, or their respective websites (collectively, the “Materials”) will benefit the Participant.  The Participant understands that KYM WHITMAN MINISTRIES does not offer any professional, personal, mental, psychological, medical, health, financial, accounting, investment, tax, legal or other professional advice and neither KYM WHITMAN MINISTRIES or Materials should be deemed such advice. KYM WHITMAN MINISTRIES and all Materials do not replace or substitute for the services of trained professionals in any field, including, but not limited to, mental, psychological, medical, health, financial, accounting, investment, tax, legal or other professional fields. The materials provided on our website or other communication methods have been prepared for informational purposes only.

SECTION 1 – GENERAL TERMS

The Website and Services are available only to individuals who can enter into legally binding contracts under applicable law. You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, please review our Privacy Policy.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or Materials, use of the Service or Materials, or access to the Service or Materials, or any contact on the website, email, phone, SMS, or Messenger through which the Service or Materials are provided, without express written permission by us.

SECTION 3 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for all purchases made with us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  For more detail concerning your personal information, please review our Privacy Policy.

SECTION 4 – THIRD-PARTY LINKS

Certain content, products and services available via our website, communication, or Service may include materials from third parties. These third-party links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

SECTION 5 – PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy.

SECTION 6 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website, our services, our materials, our products, email, social media or other online platforms, or any of our content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, or  intimidate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, email, social media or other online platforms, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Unless expressly authorized by us, no one may hyperlink the Website, or portions thereof (Including, but not limited to, logotypes, trademarks, branding or copyrighted material), to their website or web venue for any reason.  Further, “framing” the Website and/or referencing the Uniform Resource Locator (”URL”) of the Website in any commercial or non-commercial media without our prior, express, written permission is strictly prohibited. You specifically agree to cooperate with the Website to remove or cease, as applicable, any such content or activity.

Any attempt by any individual, whether or not A KYM WHITMAN MINISTRIES customer, to commit a violation of criminal and civil law, regardless of whether expressed in this agreement, against us, our parent, subsidiaries, affiliates, advocates, members, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, or interns. You hereby acknowledge that you shall be liable for any and all damages associated therewith.

SECTION 7 – DISCLAIMER AND LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. WE MAKE NO WARRANTY THAT DOWNLOADABLE MATERIAL, OUR SERVICE, WEBSITE WHETHER OURS OR A THIRD-PARTY, ARE FREE OF CORRUPTING COMPUTER CODES INCLUDING, BUT NOT LIMITED TO, VIRUSES AND WORMS. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE OR OTHER FORMS OF COMMUNICATION ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN NO CASE SHALL EXAMPLE COMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, ADVOCATES, MEMBERS, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, BRAND CREDIBILITY, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE(S) OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. IN THE EVENT THAT WE ARE NEGATIVELY IMPACTED BY YOUR ACTIONS ON YOUR FACEBOOK PAGE, MESSENGER, INSTAGRAM, WEBSITE, OR OTHER SERVICE PLATFORM UTILIZED TO PROVIDE YOU SERVICE, AND AS A RESULT WE ARE UNABLE TO PROVIDE SERVICE TO OUR OTHER CUSTOMERS, YOU EXPRESSLY AGREE REIMBURSE US FOR ALL FEES INCURRED AND OUR LOSS OF REVENUE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 8 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless KYM WHITMAN MINISTRIES and our parent, subsidiaries, affiliates, advocates, members, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 9 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services in writing, we will respond in writing to confirm your notification and provide you with an effective termination of service date. If you do not receive a response from us regarding your termination notice, we have not received your termination notice and it is solely your responsibility to ensure we receive your notice of termination.

SECTION 10 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service or other agreements, shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service or Materials constitutes the entire agreement and understanding between you and us and govern your use of the Service or Materials, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 11 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of TEXAS, USA, and the jurisdiction and venue shall rest in WILLIAMSON county.

SECTION 12 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this web page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 13 – PROPRIETARY RIGHTS

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other matters related to the Website, Content, Contests, Products, and Services are protected under applicable copyrights, trademarks and other proprietary (Including, but not limited to, intellectual property) rights. Copying, redistribution, publication, or sale by you of any part of the Website, Content, Contests, Products, Materials, and/or Services is strictly prohibited. Systematic retrieval of material from the Site, Content, Contests, Products, Materials, and/or Services by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is prohibited.

You do not acquire ownership rights to any Content, Document, Software, Programs, Materials, Services or other materials viewed or received from our Website, Content, Contests, Products, Materials, or Services.  The posting of information or material on the Website, or by and through the Service, or otherwise communicated to you by us does not constitute a waiver of any right in or to such information and/or materials.  Our name and logo, and all associated graphics, icons, and service names, are trademarks of KYM WHITMAN MINISTRIES. All other trademarks appearing on the Website, Materials, or by and through the Services are the property of their respective owners.  The use of any trademark without the applicable owner’s express written consent is strictly prohibited.

SECTION 14 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at Zach @ kymwhitman . com