Terms and Conditions
Please Read Carefully.
Last Updated: January 11, 2024
The services that Kirsten Lee Hill Consulting, LLC (hereinafter “KLHC”, “we,” “our”, and “us”) provides to you are subject to the terms and conditions set forth herein (“Terms and Conditions”), which govern your access to and/or use of the website located at https://kirstenleehill.getlearnworlds.com (including any sub-domains of this website and/or mobile versions) provided by KLHC through the use of the LearnWorlds platform provided by LearnWorlds (CY) Ltd. (collectively, the “Learning Platform”), and all Courses, materials, content or other offerings made available by KLHC through the Learning Platform (collectively, the “Services”).
For the avoidance of doubt, if you decide to purchase and enroll in an online course offered through the Learning Platform, this Terms and Conditions shall govern the provision of the online workshops or courses you elect to enroll in (“Course” or “Courses”) and your use of any Course materials and information in addition to your use of the Learning Platform. Please read this Terms and Conditions carefully before using the Services and/or enrolling in a Course. You are not allowed to enroll in and/or take a Course or otherwise use the Services if you do not agree to the terms and conditions set forth in this Terms and Conditions.
In this Terms and Conditions, “you” and “your” refers to users of the Services who are at least eighteen (18) years of age. By using the Learning Platform, enrolling in a Course, registering for an account, or using the Services, you represent and warrant that you are at least eighteen (18) years of age and will use and access the Services in accordance with this Terms and Conditions.No one under the age of eighteen (18) years of age may use the Services or provide any information on the Services or to us.
In order to use the Services, you must accept this Terms and Conditions and our Privacy Notice at https://kirstenleehill.getlearnworlds.com/privacy (“Privacy Notice”) which are available on the Learning Platform and are presented to you prior to enrolling in a Course. By using the Services, exercising any of the rights granted to you in this Terms and Conditions, and/or or by clicking to accept or agree to the Terms and Conditions when this option is made available to you (for example upon Course enrollment), you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Notice, which is hereby incorporated herein by reference. If you do not agree to this Terms and Conditions or the Privacy Notice, you must not access or use the Services. If you do not accept this Terms and Conditions, now or in the future, please stop your use of the Services immediately, in which case any continuing access and/or use of the Services is unauthorized.
CHANGES TO TERMS
Subject to the terms and conditions set forth herein, KLHC may, at any time, make changes to the Services and/or modify this Terms and Conditions. If we make changes and/or modifications that affect your access to and/or use of the Services, we will provide notice of such changes by posting the updated Terms and Conditions on the Learning Platform and will change the ‘Last Updated’ date listed above. We may also provide you with additional notice of material modifications and/or updates as appropriate under the circumstances, for example by sending you an email. Your use of the Services following any changes and/or modifications will constitute your acceptance of such changes and/or modifications. If you do not agree with the changes and/or modifications, you shall not use the Services after the effective date of the changes. Please revisit this Terms and Conditions regularly to ensure that you stay informed of any changes. KLHC also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Services, including but not limited to Course rules, which may be posted in the relevant portion of the Services or provided to you during and/or in connection with a Course. Your continued use of the Services constitutes your agreement to such additional rules.
PRIVACY
You agree to our Privacy Notice and consent to any personal information we may obtain about you being collected, stored, and/or otherwise processed in accordance with the Privacy Notice and this Terms and Conditions.
DESCRIPTION AND USE OF SERVICES
General. KLHC has developed Courses on topics related to research and evaluation which it makes available on the Learning Platform. Each Course description is included on the Learning Platform, and may change from time to time as determined by KLHC in our sole discretion; however, after you elect to enroll in a Course, we will honor the description provided for such Course at the time of purchase. Such Course description shall be incorporated herein by reference.
Access and Use. This Terms and Conditions permits you to use the Services only for your internal non-commercial use and purposes, and you are only permitted to access a Course through your own User Account. If you use or provide any other person with access to your User Account in breach of this Terms and Conditions, your right to use the Services will stop immediately. KLHC retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason without liability. If you violate this Terms and Conditions, our Privacy Notice or any applicable Course rules provided to you, we may immediately terminate your access to the Services, including access to any Course. Upon termination, the terms and conditions of this Terms and Conditions, which by their nature are intended to survive termination shall survive such termination (including without limitation any disclaimers, limitations of liability and indemnities). If we terminate your access to the Services and/or a Course for violation of this Terms and Conditions and/or applicable Course rules, you may not apply for or enroll in a new Course unless we formally invite you. If you commit fraud and/or falsify information in connection with your use of the Services, your access to the Services will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Services.
PLEASE NOTE THAT THE SERVICES CONTAIN ACCESS TO THIRD-PARTY CONTENT AND OTHER INTERACTIONS OVER WHICH WE HAVE NO CONTROL, SUCH AS LIVE ONLINE COURSES WITH OTHER PARTICIPANTS. WE ASSUME NO RESPONSIBILITY FOR, NOR DO WE ENDORSE, SCREEN, OR APPROVE USER CONTENT, OR THIRD PARTY CONTENT OR OTHER MATERIALS MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR THE CONDUCT OF PARTIES WHO USE THE SERVICES. ALTHOUGH WE DO NOT ALLOW SUCH CONTENT ON OUR SERVICES, USE OF THE SERVICES IS AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION THE RISK THAT YOU MIGHT BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT, INACCURATE, OR OBJECTIONABLE BY A THIRD-PARTY.
Availability. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your User Account due to circumstances both within our control (e.g., routine maintenance) and outside of KLHC’s control, for which KLHC will bear no responsibility. Except as expressly set forth herein, the Services may be modified or updated, without notice and/or without liability. Further KLHC reserves the right to suspended and/or discontinue the Services at any time and will seek to provide you appropriate notice in such instance. If a Course you are currently enrolled in is suspended and/or discontinued, KLHC will provide you notice of such suspension and/or discontinuation and depending on the circumstances may provide you a full and/or partial refund depending on the circumstances as determined in our discretion.
User Accounts. In order to purchase and enroll in a Course, you must first establish an “Account” through the LearnWorlds platform which is subject to you accepting their applicable terms of service and privacy policy Without creating an Account, you will only be able to browse and view the descriptions of our Course offerings. You are responsible for updating and correcting information you have submitted to create and/or maintain your Account. You are solely responsible for managing your Account and are prohibited from using other disguised identities when using the Services
Any Account used for enrolling in or taking a Course is for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your Account. You must not share your access to your Account and/or any Course and/or Course Materials and agree to ensure that any access credentials used to access the Services are kept strictly confidential and not shared with any other person. You understand and agree that KLHC shall have no responsibility for any incident arising out of, or related to, your Account settings. KLHC will assume that anyone using the Services and/or transacting through your Account is you. You agree to notify us immediately of any unauthorized access to your Account, use of the Services and/or any other breach of security. You are also responsible for making arrangements necessary to use the Services, such as securing internet access. Please take care and use caution when accessing the Services from a public or shared computer so that others are not able to view or record your information.
Course Enrollment. By enrolling in a Course, you agree to (i) abide by all applicable laws, rules, and regulations, as well as indicate agreement to this Terms and Conditions, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by KLHC in its sole and absolute discretion. You agree to provide true, accurate and current information in connection with Course enrollment. You are responsible for updating and correcting information you have submitted in connection with Course enrollment. You may purchase and enroll in an available Course through your Account on the Learning Platform. Acceptance into a Course is at sole KLHC’s discretion.Courses are provided on different topics and run for specific time periods. Each course is subject to the specific Course rules provided to participants. The topic, dates and the duration of the specific course will be listed in the Course description on the course enrollment page. After the time period of an applicable Course is complete, you will no longer have access to the Course and associated materials except for Course Materials you have downloaded as authorized by KLHC pursuant to this Terms and Conditions. Courses involve live instruction and feedback from an instructor. In order to receive the most value from a Course you are encouraged to attend all sessions, participate, and timely complete all assignments Live sessions will be conducted via Zoom on the Learning Platform and recorded and posted on the Learning Platform for future viewing. By participating in the live Zoom hosted session, you acknowledge and agree that you will be included in such recording and authorize KLHC to use and license such recording, including showing your applicable username, any name or content you enter and display to other participants, your voice, image and likeness for the purposes described herein. KLHC shall have the right to retain all fees paid, regardless of whether such Course was accessed, attended and/or completed by you. If you are having any difficulty accessing a Course or associated materials, please contact us at hello@kirstenleehill.com. Course enrollment and Course Materials (as defined below) are non-transferable and may not be sold, combined and/or otherwise shared with any other person.
Materials and Recordings. KLHC may provide materials to you in connection with your use of the Services including but not limited to e-books, articles, notes, recordings (such as recorded Zoom meetings), chats, analyses, studies, videos, and other aids, procedures, techniques, know-how, processes, formulas, data, improvements, plans, and other information (collectively, “KLHC Materials”). You understand that the KLHC Materials that you receive are confidential and proprietary to KLHC and/or our licensors, and shall not be sold, loaned, rented, given away, distributed, advertised for sale on the ‘Internet’ and/or through any other medium, and/or exploited in any manner. The KLHC Materials provided to you are for your sole use and are not to be shared with others. If you receive KLHC Materials in connection with enrollment in a Course (“Course Materials”), subject to your timely payment in full of the associated Course Fee, you may download and use such Course Materials during and after completion of the Course for your internal purposes only. You further agree that you will not copy or cause to be copied and/or reproduce in any manner, electronic and/or otherwise, any of the KLHC Materials, any notes based on the KLHC Materials and/or any notes based on a Course you take and/or Services you receive. THE COMMERCIAL USE, REPRODUCTION, TRANSMISSION OR DISTRIBUTION OF ANY KLHC MATERIALS AVAILABLE THROUGH THE SERVICE WITHOUT THE PRIOR WRITTEN CONSENT OF KLHC IS STRICTLY PROHIBITED. You agree that you will not record, transmit, photograph, and/or otherwise reproduce the Services and/or any Course that you gain access to through the Services, including but not limited to live Course sessions. Breach of this Section may result in irreparable and continuing damage to KLHC for which monetary damages may not be sufficient, and you agree that KLHC will be entitled to seek, in addition to its other rights and remedies hereunder or at law, injunctive or all other equitable relief as may be proper from a court of competent jurisdiction.
Communications. By using the Services, you agree to receive certain communications in connection with such access and use. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email and/or through the Learning Platform. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
CONFIDENTIALITY
During your access to and/or use of the Services, you may have access to certain information of KLHC that is not generally known to others including any and all information relating to KLHC and its business including without limitation its business, legal, and operational practices, financial, technical, design, performance characteristics, commercial, marketing, competitive advantage or other information concerning the business and affairs, partnerships and potential partnerships, business model, fee structures, employees, funding opportunities, metrics, object code, source code, architecture, algorithms, techniques, formulas, processes, know-how, systems, ideas, inventions (whether or not patentable or copyrighted), KLHC Materials, feedback, procedures and techniques that have been or may hereafter be provided or shown to you, regardless of the form of the communication (collectively, the "Confidential Information"). You agree to use best efforts to protect and prevent any access to the Confidential Information, using no less than a reasonable degree of care to protect such Confidential Information. KLHC shall not be subject to any obligations of confidentiality regarding any information and/or materials submitted in connection with and/or through the Services except as otherwise expressly specified in this Terms and Conditions, the Privacy Notice and/or as otherwise required by law. Please be careful with the information you disclose to other Course participants. We cannot guarantee that other Course participants will keep information you disclose confidential.
RESPONSIBILITIES AND CONDITIONS
KLHC grants you the rights set forth herein, subject to the following conditions:
You shall not:
modify, disassemble, reverse engineer any part of the Services;
submit or transmit any emails, content or materials through the Services or in connection with the Services that contain a virus, worm, Trojan horse or any other harmful component;
access all or any part of the Services in order to build a product or service which competes with the Services;
copy or imitate part or all of the design, layout, or look-and-feel of the Services or individual sections of it, in any form or media;
intentionally hold KLHC and/or its representatives up to public scorn, ridicule, or defamation;
attempt to do any of the following: access data not intended for you, monitor the Services for data gathering purposes and/or interfere with the Services in relation to any user or in any manner;
use the Services for the solicitation of business in the course of trade or in connection with a commercial enterprise;
collect or harvest personal data of any user of the Services;
make any automated use of the Services or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on the associated servers or network infrastructure;
bypass any measures we take to restrict access to the Services, or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data;
circumvent, disable or otherwise interfere with any security-related features of the Services or features that prevent or restrict use or copying of content, or enforce limitations on use of the Services or the content accessible via the Services;
attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
submit any data and/or content to KLHC and/or through the Services that is inappropriate based on the intended uses of the Services as described herein;
promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property through and/or in connection with the Services;
submit User Content that violates the restrictions set forth in this Terms of Use or Course rules;
create a link to the Services and/or KLHC Materials from another website or document without prior written consent from KLHC; and/or
imply that User Content provided by you is in any way sponsored and/or endorsed by KLHC;
publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer; and/or
use the Services for any unlawful purpose and/or to violate any federal, state, international law, Course rules, code of conduct and/or other guidelines which may be applicable to the Services provided.
Furthermore, you represent and warrant:
that you will use commercially reasonable efforts to prevent unauthorized access to and/or use of the Services, including KLHC Materials, and agree to notify KLHC promptly of any such unauthorized access and/or use;
that (i) all information provided by you in connection with the Services is true, complete, and accurate in all respects, and (ii) you are authorized to submit such information to KLHC and/or our third-party service providers;
that you will act in accordance with all applicable laws, rules and regulations (including but not limited to Course rules as provided to you);
that you shall be responsible for the accuracy and quality of data and content that you submit through and/or in connection with the Services;
that the information and content that you submit through and/or in connection with the Services will not violate the intellectual property rights of anyone; and/or
that you will only view, use and/or download (if expressly permitted herein), KLHC Materials for your informational, non-commercial use and provided that you leave all copyright and other proprietary notices intact.
You acknowledge that a breach of any of the foregoing terms and conditions and/or any other terms and conditions related to KLHC’s Confidential Information and/or intellectual property may result in irreparable and continuing damage to KLHC for which monetary damages may not be sufficient, and agree that KLHC will be entitled to seek, in addition to its other rights and remedies hereunder or at law, injunctive or all other equitable relief, and such further relief as may be proper from a court of competent jurisdiction. The terms of this Section shall survive the expiration or termination of this Agreement. KLHC may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU INDEMNIFY AND HOLD HARMLESS KLHC AND ITS LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KLHC DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER KLHC OR LAW ENFORCEMENT AUTHORITIES.
Safe Interactions. Because user authentication on the ‘Internet’ is challenging, KLHC cannot and does not confirm a user’s purported identity. Therefore, we encourage you to communicate directly with other users through the features available through the Services and not disclose your personal information to other users.
FEES
Course Fees. In consideration for KLHC’s provision of the Services you agree to pay KLHC the total fee reflected in the description of the Course when you enroll in the Course (“Course Fee”). You must either pay the Course Fee upfront and/or in monthly installments over the length of the Course depending on the payment option you select upon enrollment. The Course Fee may vary based on the payment option you select and will be listed on the Services prior to purchase. If you select to pay the Course Fee as a single upfront payment, the total Course Fee shall be due and payable upon Course enrollment. You may be eligible for a payment plan through Klarna or Afterpay/Clear in accordance with their policies. If you select a payment plan option, you agree to pay the total Course Fee regardless of attendance and/or participation. Course enrollment cannot be cancelled after the Course start date. To cancel a Course prior to the Course start date you must send an email to hello@kirstenleehill.com and include the name of the Course and your name and LearnWorlds’ Account username. If you cancel enrollment prior to the Course start date, KLHC will provide you with a refund of your Course Fee. KLHC reserves the right to reschedule a Course to a later date. If a Course you are enrolled in is rescheduled, we will notify you via email of the updated Course dates. If the rescheduling occurs prior to the Course start date, you may elect to stay enrolled in the Course as rescheduled or cancel enrollment for a refund of your Course Fee. If the Course dates of an ongoing Course need to be changed, you will also receive notification via email but a refund for pre-paid fees will not be provided except in KLHC’s sole discretion. We reserve the right to update our pricing. Changes in price will not affect any Courses that you have already purchased.
Authorization to Charge for Services. You must either use a credit card, debit card or other payment method accepted by us to enroll in a Course. YOU AUTHORIZE KLHC TO CHARGE YOU THROUGH THE PAYMENT METHOD YOU PROVIDE WHEN PURCHASING A COURSE. If the payment method you provide is declined, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment method provider. You will not be charged more than the amount for which you purchased your Course. If you believe that we have charged you an incorrect amount, please contact us at hello@kirstenleehill.com as soon as reasonably possible to let us know.
Payment Processing. KLHC uses a third-party payment platform to process payments. Your credit card information or other payment method will be processed and stored by our third-party payment processor, which is currently ‘Stripe’, but may be changed from time to time. You expressly understand and agree that all payments and monetary transactions are handled by such third-party and the use of such platform is governed by the third-party’s terms and conditions and KLHC shall have no liability related thereto. You authorize KLHC to automatically charge the payment account for the fees due and owing hereunder. If your payment account on file is closed or the account information is changed, or if, for any reason, a charge is rejected by your payment account, you shall immediately update your payment account or supply a new payment account, as appropriate. If you are unable to update the payment account with appropriate information and you owe fees, then KLHC will suspend access to the Services, including any current and/or future Course, without liability, until valid payment account information is provided. If KLHC believes that you have participated in a fraudulent chargeback, KLHC will pursue its claims against you to the fullest extent allowed by law.
Taxes, Right to Suspend. All fees are stated in United States Dollars and must be paid in United States Dollars. All fees due and payable under this Terms and Conditions are exclusive of taxes, which will be added at the prevailing rate from time to time. All fees due and payable by you to KLHC hereunder must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law. Except as expressly provided herein, the fees due hereunder are non-refundable except as determined by KLHC in its sole and absolute discretion. In the event that fees are not paid in accordance with the terms and conditions set forth herein, KLHC may immediately suspend Services without liability. You are responsible for all costs of collection, including without limitation reasonable attorneys' fees, for any payment default.
ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to courses, prices, services, products, contact information, addresses, and promotions. We reserve the right to: (i) correct any errors, inaccuracies, and/or omissions; and/or (ii) make changes to content, descriptions, Services and/or other information without obligation to issue any notice of such changes, except as prohibited by law.
PROPRIETARY RIGHTS AND LICENSES
Ownership. The Services, any content on the Services and the infrastructure used to provide the Services are proprietary to KLHC, our affiliates, and third-party service providers. By using the Services and accepting this Terms and Conditions (a) KLHC grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and use the Services pursuant to this Terms and Conditions and to any additional terms and policies set forth by KLHC; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, KLHC Materials, software, products and/or services obtained from and/or through the Services without the express written permission of KLHC.
Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics and/or any other content on the Services (including but not limited to KLHC Materials), as well as the organization and layout of the Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, KLHC and/or its third-party providers reserve all right, title and interest in and to the Services and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
User Content. Please carefully choose the information, content, advice, discussions, images, photographs, video, audio, sounds, descriptions, comments, responses, ratings, posts, messages, and/or other material (collectively, the “User Content”) you choose to submit or transmit through the Services and/or communication facilities that may be offered on, through and/or in connection with the Services from time to time. You assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, and/or reliability by you. By posting your User Content on the Services, it is possible for a third party to re-post that User Content. You agree to indemnify, defend, and hold KLHC harmless for any dispute concerning the foregoing use. You also agree to pay all royalties, fees, and any other monies owed to any person by reason of any of your User Content.
You acknowledge and agree that you have no expectation of privacy with regard to any User Content you provide and/or submit. You also represent that you own, and/or have the necessary permissions to use and authorize use of User Content as described in this Terms and Conditions. You hereby grant KLHC a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable (through multiple tiers), transferable license to use the User Content in connection with the Services in any form, medium or technology now known or later developed, including publication and use on any third-party services integrated into the Services. This license includes the right for us to make your User Content available and sublicense rights to other entities and individuals who partner with us in the delivery of the Services, including the right to move your User Content to another platform or to share such User Content with other users.
User Content does not necessarily reflect the opinion of KLHC. We reserve the right to remove, screen, edit or reinstate User Content from time to time in our sole and absolute discretion and without notice to you. We have no obligation to retain or otherwise provide you with copies of User Content. KLHC, other users and our other third-party service providers will be able to see your User Content that you post and/or submit through the Services and you hereby irrevocably grant such parties the right to access and/or use your User Content in connection with their use of the Services in accordance with this Terms and Conditions or in connection with providing the Services. If you obtain personal information from other users, this personal information shall only be used for communications in connection with the Services, unless otherwise approved by the applicable user in writing. KLHC has not granted you a license to use personal information for unsolicited messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any user to your email or physical mail list without their express prior approval.
As a Course participant you retain ownership rights in your User Content including any pre-existing works you may submit and/or provide to KLHC in connection with an assignment or a discussion, including but not limited to logic models and/or survey questions and/or surveys created solely by you. However, you shall not own any recommendations, suggestions, ideas, modifications, and/or input provided by KLHC or other Course participants and KLHC expressly reserves all intellectual property rights in and to its Materials and/or any inventions and/or recommendations (pre-existing or otherwise) (“Works”) that we may share with you in connection with providing the Services subject to a limited license to use such Works for your internal purposes.
Prohibited User Content. The following types of User Content are not permitted on the Services, and you must not create, submit, communicate, link to, or otherwise do anything that:
is sexually explicit, obscene, harmful, deliberately offensive, hateful, or otherwise inflammatory;
promotes violence;
is inaccurate or defamatory;
promotes or assists in any form of unlawful activity;
discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
is calculated or otherwise likely to deceive;
is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
implies any form of affiliation with us where none exists;
plagiarizes and/or infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party;
is designed to obtain unauthorized access to any information; or
is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
Other. KLHC reserves the right to take any action it deems necessary to protect the personal safety of our users and/or the public. KLHC has no liability or responsibility to users of the Service and/or any other person and/or entity for performance and/or nonperformance of the aforementioned activities.
Feedback. If you choose to submit any questions, comments, ideas, suggestions, or other information (“Feedback”) related to the Services to KLHC, such Feedback is non-confidential and will become the sole property of KLHC. KLHC will be able to use any Feedback for any purpose including the developing, creating and/or marketing of products or services, and you acknowledge KLHC will give no credit or compensation to you, and you have no rights to the same. Feedback does not include assignments you submit in connection with a Course. KLHC has no obligation to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you warrant to KLHC that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party's use and/or enjoyment of the Services. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Services. You may not use the Services for a purpose other than the intended uses of the Services as described herein.
USER DISPUTES
You are solely responsible for interactions with other users. KLHC does evaluate or control in any ongoing manner exchanges between users. KLHC cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality, or applicability of anything said, written, posted, displayed, or otherwise made available by any user. Please use caution, common sense, and safe practices when using the Services. KLHCreserves the right, but has no obligation, to monitor disputes between users of the Services and has the right, but is not obligated, to do any or all of the following:
record communications occurring through and/or in connection with the Services, including communications occurring on third-party services integrated into the Services;
examine an allegation that a communication(s) does not conform to this Terms and Conditions and determine in its sole discretion to remove or request the removal of the communication(s);
remove and/or delete communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with this Terms and Conditions, Course rules and/or the community feel and spirit of the Services, as determined by KLHC in its sole and absolute discretion;
terminate a user’s access to the Services upon any breach of this Terms and Conditions;
monitor, edit, or disclose any communication provided through the Services; and
edit or delete any communication(s) posted on the Services and/or within any third-party service integrated into the Services, for example a video communication platform or other third-party platform used receive and/or access the Services, regardless of whether such communication(s) violate the terms and conditions set forth herein.
TERMINATION
If you violate this Terms and Conditions and/or if we have grounds to suspect that you violated this Terms and Conditions and/or other use parameters included on or through the Services such as Course rules, we may suspend and/or terminate your User Account and/or refuse access to and/or use of the Services (or any portion thereof) including but limited to access to Courses you have purchased. KLHC also reserves the right, in its sole and absolute discretion, to terminate your access to the Services or any portion thereof at any time, without cause and/or without notice. In the event you fail to pay for the access granted (if applicable), and/or share the access granted with any person or entity, and/or misuse the system, and/or Services by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, KLHC will consider your access as having been acquired by fraud and/or misrepresentation and will terminate your access immediately. In such event, KLHC retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.
GEOGRAPHIC RESTRICTIONS
KLHC in located in the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative, at your own risk, and are responsible for compliance with local laws.
USER VERIFICATION
KLHC may, in its sole discretion, verify a user’s identity prior to allowing such user to access and/or use the Services. KLHC may, without liability, refuse to process and/or may cancel access to the Services, as reasonably deemed necessary, to comply with applicable law and/or to respond to a case of misrepresentation, fraud and/or known and/or potential violations of the law and/or this Terms and Conditions.
MOBILE DEVICES
To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.
INDEMNIFICATION AND WAIVER
You shall indemnify, defend and hold harmless KLHC, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature (“Claim”) arising out of and/or in the relation to (i) your violation of any law and/or the rights of a third party, (ii) use of your User Content, (iii) any breach of this Terms and Conditions and/or Privacy Notice by you and/or your representatives, (iv) your use of the Services, and/or (v) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to KLHC upon your receipt of notice of any Claim against you which might give rise to a claim against KLHC.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SERVICES, AND ANY CONTENT, ARE PROVIDED BY KLHC TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND COMPLETENESS, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH KLHC EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, KLHC AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE ACCESS TO AND/OR USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE. FURTHER, KLHC WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT.
NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM KLHC OR THROUGH YOUR ACCESS TO AND/OR USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS Terms and Conditions. KLHC MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OF THE SERVICES OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE OR APPLICATION, THIRD-PARTY SERVICES LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICES, INCLUDING ANY THIRD-PARTY SERVICES INTEGRATED INTO THE SERVICES; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY OR USER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES; AND/OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES.
LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL KLHC, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF KLHC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY KLHC, ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, IN SUCH STATES, KLHC’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICES, RELATED SERVICES AND/OR HAVE ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE ACCESS TO AND/OR USE OF THE SERVICES. KLHC’s MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE GREATER OF (i) FEES, IF ANY, PAID BY YOU TO KLHC FOR THE AFFECTED SERVICE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR (ii) ONE HUNDRED DOLLARS (US$100).
NO PROFESSIONAL ADVICE
The information available through the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND YOU SHOULD NOT CONSTRUE THIS AS LEGAL, ACCOUNTING, MEDICAL AND/OR OTHER PROFESSIONAL ADVICE.
LINKED SITES
The Services may provide links to various other independent third-party websites, content and/or activities (“Linked Sites”) that may be of interest to you and are for your convenience only. KLHC does not control and/or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy and/or reliability of any information, data, opinions, advice or statements contained within such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and Privacy Notice of each Linked Site that you visit. KLHC reserves the right to terminate any link and/or linking program at any time. KLHC disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials or information contained on such Linked Sites.
THIRD PARTY SERVICES
The Services are made available and/or accessed in connection with third-party services that KLHC does not control, including but not limited to the LearnWorlds platform provided by LearnWorlds (CY) Ltd. KLHC does not endorse such third-party services and in no event shall KLHC be liable for any products and/or services of such third-party providers. You agree that KLHC shall not be responsible for any loss and/or damage of any sort incurred as a result of any such dealings and/or as the result of the presence of such third parties through the Services. Moreover, KLHC shall not be responsible and/or liable for the accuracy, quality, suitability, currency and/or content of the statements and/or conduct of any third party on the Services. You are solely responsible for the costs, expenses and infrastructure required to support your use of the Services. You acknowledge and agree that KLHC utilizes third-party providers to provide the Services, and any terms and conditions related to such third-party providers products and/or services shall govern the use of such third-party providers’ products and/or services. You acknowledge and agree that KLHC is not liable for the performance of any third-party providers’ products and/or services.
DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
KLHC respects the intellectual property rights of others and expects you to do the same. We reserve the right to: (a) terminate your User Account or any other user who infringes third-party copyrights, (b) block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties, and/or (c) remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:
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;
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;
Information sufficient to permit us to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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.
Contact information for KLHC’s DMCA Agent for notice of claims of copyright infringement is Kirsten Lee Hill Consulting, LLC, Attn: Copyright Agent, 88 East Wacker Place, #3305 Chicago, IL 60601. The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services or linked to and/or from the Services. All other inquiries directed to the Copyright Agent will not be responded to.
CALIFORNIA USERS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about KLHC must be sent to our agent for notice to hello@kirstenleehill.com or by phone at 504-442-3004. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
GOVERNING LAW & VENUE
This Terms and Conditions shall be governed by, construed and enforced in accordance with the substantive laws of the State of Illinois, without regard to its conflict of laws principles. The parties further agree that any cause of action arising under this Terms and Conditions shall take place exclusively in the courts situated in Cook County, Illinois and the parties hereby submit to the venue of the courts situated therein. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
MISCELLANEOUS
You may not assign your rights and/or obligations under this Terms and Conditions to any other party without our prior written consent. We may assign our rights and/or obligations under this Terms and Conditions to any other party at our discretion. If any provision and/or term of this Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. If an applicable law is in conflict with any part of this Terms and Conditions, this Terms and Conditions will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or KLHC of any breach and/or default and/or failure to exercise any right allowed under this Terms and Conditions is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under this Terms and Conditions. This Terms and Conditions, the Privacy Notice and any Course rules provided to you constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter.
CONTACT US
If you would like to request additional information regarding this Terms and Conditions or if you have feedback about the Services, please contact us at hello@kirstenleehill.com.
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