TERMS OF service & USE

AGREEMENT BETWEEN USER AND KIMBERLY SKYE PRESLEY

The Kimberly Skye Presley Official Web Site and content contained therein (collectively the “Content”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Content constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Kimberly Skye Presley reserves the right to change the terms, conditions, and notices under which the Content is offered, including but not limited to the charges associated with the use of the Kimberly Skye Presley Official Programs or Content. Any such changes shall be effective immediately upon being posted to the Kimberly Skye Presley Official Web Site.

PRIVACY POLICY

Kimberly Skye Presley respects the privacy of our users. For details please see our Privacy Policy. By using the Kimberly Skye Presley Official Web Site and/or accessing the Content, you consent to our collection and use of personal data as outlined therein. 

LINKS TO THIRD PARTY SITES

Kimberly Skye Presley Official Web Site or Content may contain links to other websites (“Linked Sites”) which are not operated by Kimberly Skye Presley. These Linked Sites are not under the control of Kimberly Skye Presley and Kimberly Skye Presley is not responsible for the contents of any such Linked Sites, including without limitation any further link contained in the Linked Sites, or any changes or updates to any Linked Sites. Kimberly Skye Presley is not responsible for webcasting or any other form of transmission received from any Linked Sites. Kimberly Skye Presley is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kimberly Skye Presley of the sites or any association with their operators.  

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Kimberly Skye Presley Official Web Site and Content, you warrant to Kimberly Skye Presley that you will not use the Kimberly Skye Presley Official Web Site or Content for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Kimberly Skye Presley Official Web Site or Content in any manner which could damage, disable, overburden, or impair the Kimberly Skye Presley Official Web Site or Content or interfere with any other party’s use and enjoyment of the Kimberly Skye Presley Official Web Site or Content. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Kimberly Skye Presley Official Web Sites or other affiliated Kimberly Skye Presley websites (if applicable).

PERMITTED USE

The Kimberly Skye Presley Official Web Site, and any content viewed through it, is solely for personal and non-commercial use. Except for the foregoing limited permitted use, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. Notwithstanding the foregoing, Kimberly Skye Presley may revoke your authorization to use its Kimberly Skye Presley Official Web Site or Content at any time in its sole discretion. Upon such revocation, you must promptly destroy all Content downloaded or otherwise obtained through the service, as well as all copies of such materials, whether made in accordance with these Terms of Service or otherwise.

Unless otherwise expressly authorized herein or by Kimberly Skye Presley in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Kimberly Skye Presley Official Web Site. 

REGISTRATION OBLIGATIONS

You may be required to register with Kimberly Skye Presley to access and use certain features of the Kimberly Skye Presley Official offerings. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Kimberly Skye Presley Official Web Site’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Kimberly Skye Presley Official Web Site.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Kimberly Skye Presley of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Kimberly Skye Presley Official Web Site. Kimberly Skye Presley will not be liable for any loss or damage arising from your failure to comply with this section.

COACHING PROGRAMS, COURSES, AND CERTIFICATES

Kimberly Skye Presley does not verify, vet, or guarantee that any participant of a program or course is qualified to take such program or course; and no refund will be provided if a participant fails to properly satisfy themselves of the appropriateness of a particular Kimberly Skye Presley Official program/course/class/certificate prior to enrollment.  

Kimberly Skye Presley Official program/course/class/certification content, and any related completion requirements, are subject to change from time to time at the sole discretion of Kimberly Skye Presley. No change in Content or completion requirements will entitle participants to a refund.

INDEMNITY AND RELEASE

To the fullest extent permitted by law, you agree to release, indemnify and hold Kimberly Skye Presley and her affiliates and their officers, employees, directors, and agents harmless from any and all losses, damages, and expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Kimberly Skye Presley Official Web Site, any Submissions, your connection to the services, your violation of these Terms of Use or your violation of any rights of another. If applicable, you waive any statute or doctrine that provides that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” or any similar or comparable statute or doctrine. 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KIMBERLY SKYE PRESLEY OFFICIAL WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KIMBERLY SKYE PRESLEY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE KIMBERLY SKYE PRESLEY OFFICIAL WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE KIMBERLY SKYE PRESLEY OFFICIAL WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

KIMBERLY SKYE PRESLEY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE KIMBERLY SKYE PRESLEY OFFICIAL WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KIMBERLY SKYE PRESLEY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KIMBERLY SKYE PRESLEY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE KIMBERLY SKYE PRESLEY OFFICIAL WEBSITE, WITH THE DELAY OR INABILITY TO USE THE KIMBERLY SKYE PRESLEY OFFICIAL WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE KIMBERLY SKYE PRESLEY OFFICIAL WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE KIMBERLY SKYE PRESLEY OFFICIAL WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KIMBERLY SKYE PRESLEY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SERVICE.

SERVICE CONTACT: skye@kimberlyskyepresley.com

TERMINATION/ACCESS RESTRICTION

Kimberly Skye Presley reserves the right, in its sole discretion, to terminate your access to the Kimberly Skye Presley Official Web Site and the related services or any portion thereof at any time, without notice. 

GENERAL 

These Terms of Use constitute the entire agreement between you and Kimberly Skye Presley and govern your use of the Kimberly Skye Presley Official Web Site, superseding any prior agreements between you Kimberly Skye Presley with respect to the same. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Use will be governed by the laws of Texas and the laws of the United States applicable therein, and you hereby consent to the exclusive jurisdiction and venue of the courts in College Station, Texas, USA, in all disputes arising out of or relating to the use of Kimberly Skye Presley Official Web Site and/or any programs/courses/classes/certifications accessed therein. Use of the Kimberly Skye Presley Official Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kimberly Skye Presley as a result of this agreement or use of the Kimberly Skye Presley Official Website. Kimberly Skye Presley’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Kimberly Skye Presley’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Kimberly Skye Presley Official Website or information provided to or gathered by Kimberly Skye Presley with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. In the event that a similar provision cannot be deemed to replace and supersede the offending provision, then the offending provision shall be deemed severed to the minimum extent necessary, and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kimberly Skye Presley with respect to the Kimberly Skye Presley Official Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kimberly Skye Presley with respect to the Kimberly Skye Presley Official Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in the English language.

COPYRIGHT AND TRADEMARK NOTICES

All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Kimberly Skye Presley Official Website, are copyrighted unless otherwise noted and are the property of Kimberly Skye Presley and/or a supplier to Kimberly Skye Presley. No such materials may be used except as provided in these Terms of Use. All rights are reserved by Kimberly Skye Presley. 

Any rights not expressly granted herein are also reserved by Kimberly Skye Presley.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Notifications of claimed copyright infringement should be sent to: skye@kimberlyskyepresley.com