AS THESE TERMS GOVERN YOUR RELATIONSHIP WITH KERRY SHEARER ENTERPRISES, LLC. These terms are subject to change at any time and at the sole discretion of the Site owner and operator. Please visit the site regularly for updates.
CONTENT ON THE ENTITIES
The content of the pages of the Entities is for your general information and use only. It is subject to change without notice. Your use of any information or materials on the Entities is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through these Entities meet your specific requirements.
The trademarks, logos and service marks (“Marks”) displayed on the Entities, except user generated content, are the property of KS and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Entities on the World Wide Web without the written permission of KS or such third party which may own the Marks. All information and content located on the Entities is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Entities for commercial or public purposes. Unauthorized use of KS may give rise to a claim for damages and/or be a criminal offense.
The Entities may post or provide links to other websites by allowing you to leave these Entities to access third-party material or by bringing third-party material into the Entities via “inverse” hyperlinks and framing technology (a “Linked Entities”). KS has no discretion to alter, update, or control the content on a linked websites. The fact that KS has provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website or its owners. There are inherent risks in relying upon, using or retrieving any information found on the internet, and KS urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked websites.
SUBMISSIONS TO THE ENTITIES
Thank you for advance in commenting on or about the Entities. That said, we do not regularly review or consider any unsolicited creative submissions or suggestions for any of our products or services. This is for a specific reason. We want to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem similar to the ideas submitted to us. So please do not send us any original creative ideas, suggestions, materials or anything that may be considered your intellectual property. To the extent you send any of this information, you hereby grant us an irrevocable license to use this information as we see fit, including but not limited to commercial purposes without monetary payment or attribution. We will not treat any communications as confidential unless we have agreed to a specific written confidentiality agreement. Further, you hereby waive all rights against us for any use or disclosure of any information submitted to us. Indeed, we will treat unsolicited submissions of our property. Accordingly, submissions to the entities will be at your own risk and if you believe that discretion is advised when making submissions.
All content, products and services on the Entities, or obtained from a Entities to which the Entities is linked (a “linked website”) are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
KS does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Entities by any party other than KS, (b) any content provided on linked websites or (c) the capabilities or reliability of any product or service obtained from linked websites. Other than as required under applicable consumer protection law, under no circumstance will KS be liable for any loss or damage caused by your reliance on information obtained through the Entities or a linked website, or your reliance on any product or service obtained from a linked website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Entities, or obtained from linked websites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
The information, software, products and descriptions of services published on the Entities or a linked website may include inaccuracies or typographical errors, and KS specifically disclaims any liability for such inaccuracies or errors. KS does not warrant or represent that the content on the Entities is complete or up-to-date. KS is under no obligation to update the content on the Entities. KS may change the content on the Entities at any time without notice. KS may make improvements or changes to the Entities at any time.
It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify KS of any unauthorized uses of your user name and password or any other breaches of security. KS will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
All promotions are subject to the terms and conditions as shown on these Entities. We reserve the right to limit quantities purchased. All promotions are for a limited period, and the dates covered by the promotion are listed on these Entities. Various promotions have minimum requirements. Those requirements are set forth as part of the online promotion description. When calculating the minimum purchase amount, we do not include charges for shipping, handling or the applicable tax.
ENTITIES USE RESTRICTIONS
A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.
All orders placed through the Entities are subject to KS’s acceptance. This means that KS may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, KS will issue you a refund.
NO PROFESSIONAL ADVICE
Any information contained in or made available through the Entities does not replace or substitute for the services of trained professionals. For instance, financial, medical, psychological, or legal matters are not meant to be helped or solved on the Entities. If you have symptoms that may need medical attention, you should immediately consult a doctor. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Entities. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Entities, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Entities users post or otherwise make available on or through the Entities, except to the extent the Content is owned by KS.
The Entities contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using KS’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
NATURE OF THE ENTITIES
All products and services connected in any way to the Entities are for educational and informational purposes only. No information on any of the Entities is a promise or guarantee of results or future earnings, and the Entities do not offer any legal, medical, tax or other professional advice. Any information provided by the Entities is conceptual and should not be taken as promises for actual or future performance. Starting and operating a business is inherently risky. Decisions based on any information presented in our products, events, services, or web site, should be done at your discretion and only with the knowledge that you could experience risk or losses as a result of your decisions. Always consult your accountant, lawyer and/ or professional advisor before making decisions related to the Entities products or services for your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance. The Entities are not a way to “get rich” quickly. There—normally—is no such thing. The Entities were created to help you build your business. As with any endeavor, building your business requires a tremendous effort from you personally. The Entities are meant to help focus and support your work, ideas, and service. Accordingly, we cannot and do not make any guarantees for your results. The Entities are focused on helping by providing content, direction, and strategies. We are confident that the Entities can help and give you a 30-day 100% satisfaction guarantee. If you are not happy for any reason with the quality of our training, just ask for your money back in writing.
CONFIDENTIALITY AND NON-COMPETE
Users of the Entities agree that the tools, processes, strategies, materials and information presented on the Entities are copyrighted and proprietary, so users agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Enities proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and KS will pursue legal action and full damages if these terms are violated in order to protect its rights.
KS is not responsible or liable for any User Generated Content or other Content posted on the Entities or for any offensive, unlawful or objectionable content you may encounter on or through the Entities. The Entities, User Generated Content, Content, and the materials and products on this Entities are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, KS disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. KS cannot guarantee and does not promise any specific results from use of the Entities. KS does not represent or warrant that the Entities will be uninterrupted or error-free, that any defects will be corrected, or that this Entities or the server that makes the Entities available are free of viruses or anything else harmful. To the fullest extent permitted by law, KS does not make any warranties or representations regarding the use of the materials or Content in the Entities in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Entities, loss of data or other harm of any kind that may result. KS reserves the right to change any and all Content and other items used or contained in the Entities at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
KS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS ENTITIES OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE ENTITIES OR THE CONDUCT OF OTHER ENTITIES USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A KS EVENT OR ANY USER GENERATED CONTENT, EVEN IF KS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ENTITIES. YOUR ONLY REMEDY AGAINST KS FOR USE OF THE ENTITIES OR ANY CONTENT IS TO STOP USING THE ENTITIES. THAT SAID, IF KS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS ENTITIES OR ANY CONTENT, KS’S LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
To begin an arbitration proceeding, you must comply with the limitations provision set forth in Section here and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to KS at the address above. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in Sacramento County, California; (ii) you and KS irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and KS agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of California, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes; and (iv) you and KS agree to waive any right to a trial by jury.
Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
TRUE ORIGIN OF DIGITAL GOODS
Under law, this website may have to disclose its full name and contact information. Kerry Shearer, LLC, 4405 Cottage Way, Sacramento, CA 95864, firstname.lastname@example.org.
Kerry Shearer Enterprises, LLC, (hereinafter known as “Provider,” “us” or “we”) currently owns and operates the website known as www.kerryshearer.com, www.EmergencyVideoAcademy.com, www.LivestreamImpactAcademy.com (the “Entities”). To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
We are committed to protecting your privacy and committed to developing technology that gives you the most powerful and secure online experience.
Billing and personal information is encrypted whenever transmitted or received online. Personal information is accessible only to staff, agents, or contractors of Provider.
This privacy statement applies to all Provider-owned web sites and domains. This privacy statement covers personally identifiable information, anonymous data collection and aggregate reporting. Personally identifiable information is any information that is associated with your name or personal identity.
What we collect
Personal data means any information capable of identifying an individual. It does not include anonymised data.
We may process the following categories of personal data about you:
- Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
- Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
- User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
- Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyze your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
- Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free giveaways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you about relevant products and services, such as online courses; books; live broadcast trainings such as webinars; live events and conferences; coaching and mentoring services. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offenses.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
We do not carry out automated decision making or any type of automated profiling.
If you wish to be removed from any postal, email, phone, or other lists, please let us know by emailing us at email@example.com or for electronic communications, using the applicable link to unsubscribe. You can also write us or call us at the contact information above. Please provide us with your exact name, email address, mailing address, and phone. We will be sure your name is removed from the appropriate lists immediately.
How we collect your data
We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.
We may also receive data from publicly available sources such as Companies House and the Electoral Register.
As part of our practices to better serve our customers, we or our authorized technology services provider may also collect certain technical and routing information from you. This information helps us administer the Entities and to improve the content for our users and how the Entities are being. This information is collected without identifying you or any user individually. ST may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes. The Entities use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Provider services or Entities you visit.
How we use it
We use your personal information for the following purposes:
- To make the Entities easier for you to use by not making you enter your personal information more than once.
- To deliver services that you request or purchase.
- To help you effectively complete your educational requirements.
- To help us create and publish content most relevant to you.
- To alert you of product upgrades, special offers, updated information and other new services provided from Provider.
- To provide feedback in an online survey.
- To participate in promotional offers.
- To request assistance or fill out support requests.
Who we share it with
We never sell or rent your personal information.
Provider may transfer information about Users if Provider is acquired by or merged with another company. Provider is not responsible for notifying User of such changes.
When you register, Provider will not share your information with third parties without your permission, other than for the limited exceptions listed below. It will only be used for the purposes stated above. We use personal information to reply to inquiries, handle complaints, provide operational notices, keep records up to date to notify you via periodic e-mails of technical service issues, specials, or other related product/service information. Your information may be shared with agents or contractors of Provider for the purpose of performing service for Provider.
We strive to keep your personal information as confidential as possible. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post in these forums. You disclose such information at your own risk. That said, there are certain circumstances where it is our responsibility to provide your information such as:
- Provider may disclose your personal information if required to do so by law (for example, a subpoena) or regulation, or in good faith to (a) comply with legal processes served on the site, or (b) protect the rights and property of Provider, or (c) where our records indicate fraudulent activity or other deceptive practices that a governmental agency should be made aware of, or (d) where your communication suggests possible harm to others.
- In the event of an attempted breach of the security of the Entities, or a physical or property threat to you or others.
- Merger/Consolidation: We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change.
- Payment Processors: Further, the information you enter when making a purchase or an online donation will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions. Please note that if you give out personal information online through a discussion board or posting site, that information can be collected and used by third parties.
The online registration at Provider is designed to give you options concerning the privacy of your credit card information, name, address, e-mail and any other information you provide us. Provider is committed to data security with respect to information collected on our site.
Security of your Personal Information
Provider strictly protects the security of your personal information. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your username and password, so do not share these with others.
When collecting or transferring sensitive data such as credit card and personal information, all of our processing and security is performed through Ontraport, which has its security. More information can be found at www.ontraport.com. Credit card numbers are only used for processing payment and are not used for other purposes. Our efforts to protect credit card fraud help protect your financial data security. You specifically waive and release all rights and remedies against us for any claims that arise out of Ontraport’s conduct or system.
Access to your Personal Information
We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time by logging into your account.
To protect your privacy and security, we will also take reasonable steps to verify your identity, such as password and username, before granting access to your data.
Your California Privacy Rights
Our Entities are not setup to track, collect or distribute personal information. Our Entities do generate certain kinds of non-identifying usage data, such as number of hits and visits to our sites. This information is used for internal purposes only. The statistics contain no personal information and cannot be used to gather such information.