BY VISITING Members.kickstartyouredge.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
By using members.kickstartyouredge.com referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Jennifer Barley, LLC, Coaching for an Edge, LLC, and KickStart Your Edge, LLC (together, the “Companies”). Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
Information provided on the Site and in the service related to coaching and business education and other information (the “Service”) are subject to change. The Companies make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free.
The Companies disclaim all liability for any inaccuracy, error or incompleteness in the Content.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Companies will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
THE COMPANIES’ INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by the Companies including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Companies’ names, logos, all designs, text, graphics, other files, and the selection and arrangement thereof.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, JENNIFER BARLEY, LLC OR COACHING FOR AN EDGE, LLC OR KICKSTART YOUR EDGE JOINT VENTURE CUMULATIVE IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF JENNIFER BARLEY, LLC OR COACHING FOR AN EDGE, LLC OR KICKSTART YOUR EDGE JOINT VENTURE CUMULATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL JENNIFER BARLEY, LLC OR COACHING FOR AN EDGE, LLC OR KICKSTART YOUR EDGE JOINT VENTURE CUMULATIVE LIABILITY TO YOU EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Companies. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Site may provide certain social media features. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may disable all or any social media features and any links at any time without notice in our discretion.
ONLINE PURCHASES AND TERMS OF SALE
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes will be added to your total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be St. Petersburg, FL. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and the Companies pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Companies shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Companies. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
INFORMATION WE COLLECT
Personal Information is information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
We do not consider personal information to include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person, whether in combination with other information or otherwise.
We collect personal information from you when you use our Services. The data we collect consists of:
• Data that you provide directly when you register for, or use, the Services. This data will vary, but typically consists of name, email address, and sometimes will include postal address, phone number, and other similar contact data. We also receive data from the communications you send to us, such as customer service inquiries, program questions, and other feedback regarding the Services.
• User credentials, such as username, password, password hints and similar security information used to create an account and authenticate users of the Services.
• Demographic data, such as age, gender, country, and language preference.
• Payment data, such as credit card information and billing address.
• Device data, such as type of device, operating system, and other software installed on the device, device settings, IP address, device identifiers and error reports.
• Usage data, such as the programs and features you access, items you purchase, and the timing, frequency and duration of your interactions through the Services.
• Location data, such as IP addresses received from your device.
• Information about your interests and preferences, such as which free resources you download from our websites, which emails you open, or your communications preferences. In addition to what you provide directly, we may infer your interests and preferences from other data we collect, such as the content and advertisements you interact with while using the Services.
• Third party integrations. If you connect your use of the Services through a third party service (e.g., a social media platform), the third party may share certain information from your third party account with us.
• Other third party data, such as data from our affiliates, partners, or vendors, data brokers or public sources.
HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information to provide and improve our Services, provide you with a personalized experience on our websites, contact you about your programs or purchases with us and our Services, provide you customer service, provide you with personalized advertising and marketing, and to detect, prevent, mitigate, and investigate fraudulent or illegal activities.
WE USE THE DATA WE COLLECT FOR THE FOLLOWING PURPOSES:
Operating our business. We use the data we collect to operate our business, including providing and improving the Services. Specifically:
• To fulfill transactions that you request.
• To diagnose and fix problems with the Services and providing other customer support services.
• For analytical purposes to better understand our clients and community and how they use the Services, which allows us to continually improve and expand the Services.
• To build predictive models, which allow us to tailor the Services based on the data we have about how our clients and target audience use the Services.
COMMUNICATING WITH YOU
We use the data we collect to communicate with you, including responding to your requests or inquiries. Specifically:
• To respond to your request if you contact us with a question or concern.
• To provide information about your access to our programs, your use of the Services, or other transactions that you request.
• To deliver news, updates, and other types of communications, according to your subscriptions, alerts, and other preferences.
MARKETING AND ADVERTISING
We use the data we collect for marketing or advertising purposes, on behalf of ourselves, as well as our sponsors and other parties. Specifically:
• To send you information content, promotional messages, and information about products, services, programs, or events that may be of interest to you.
• The promotional messages and advertisements that you see may be determined by data that we collect or receive about you, such as your demographic data, location data, usage data, interests, and preferences. We refer to this as “interest-based advertising”.
SECURITY, COMPLIANCE AND ENFORCEMENT
We use the data we collect for security, compliance, and enforcement purposes. Specifically:
• To protect the safety and security of our clients and our Services.
• To detect and prevent abuse, fraud or other unlawful or unauthorized activities.
• To resolve disputes.
• To enforce our agreements, including our policies and terms of service that govern your use of the Services.
We may also use your data in any other manner as disclosed at the time of collection, or when we have otherwise obtained consent. Please also note that this Policy is not intended to place any limits on what we do with aggregated, pseudonymized, or anonymized data.
HOW WE MIGHT SHARE YOUR PERSONAL INFORMATION:
We may disclose your personal information to other members of the KickStart Your Edge LLC, Jennifer Barley LLC and Coaching for an Edge LLC corporate family, or to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We attempt to minimize the amount of personal information we disclose to what is directly relevant and necessary to accomplish the specified purpose. We do not sell, rent, or otherwise disclose your personal information to third parties for their marketing and advertising purposes without your consent.
HOW LONG WE KEEP YOUR PERSONAL INFORMATION:
We retain your personal information for as long as necessary to provide the Services you have requested, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our policies.
COOKIES & SIMILAR TECHNOLOGIES:
HOW WE PROTECT YOUR PERSONAL INFORMATION:
The KickStart Your Edge LLC, Jennifer Barley LLC and Coaching for an Edge LLC takes data security seriously. We take a number of steps to protect your personal information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration.
These steps take into account the sensitivity of the data we collect and use, as well as the current state of technology. This includes, for example, storing your data on systems that have limited access and are maintained in controlled facilities. We also use, and require our vendors to use, industry standard security protocols when processing any payments for your use of the Services.
It is important to remember that no system can be guaranteed to be 100% secure. We recommend that you help us keep your data safe by taking reasonable steps such as keeping your passwords private and not disclosing sensitive personal data, such as credit card information, in places that can be accessed easily (such as via email).
Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. KickStart Your Edge LLC, Jennifer Barley LLC and Coaching for an Edge LLC is your data controller, and is responsible for the collection, use, disclosure, retention and protection of your personal information in accordance with our privacy notice, as well as any applicable national laws.
We may change this Policy from time to time to reflect changes in our business, the Services, or our practices and procedures. If we do make changes, we will post any changes on this page and indicate the date on which the Policy was last revised. We encourage you to review this Policy periodically, especially before you provide personal data directly to us through the Services. Your continued use of the Services after any changes to this Policy are in effect constitutes your acceptance of the revised Policy.
HOW TO CONTACT US
5602 Escondida Blvd S
St Petersburg, FL
CHANGES TO THIS POLICY
Posted: May 24, 2018