Legal Shit
This agreement covers all Terms and Conditions, Disclaimers and Privacy Policies for users of Kismet (www.itiskismet.com) and ancillary services offered through the site.
Privacy Policy
Email addresses are kept private and used only to distribute information such as reports, payment receipts and to subscribe you to our mailing lists, where you may unsubscribe at any time. BABS, LLC does not sell individual email address lists.
How to reach us:
Email: [email protected]
Snail mail: 22 East 16th Street, Indianapolis, IN 46202
How to reach us:
Email: [email protected]
Snail mail: 22 East 16th Street, Indianapolis, IN 46202
Terms and Conditions
Welcome to Kismet (www.itiskismet.com), herein referred to as (the “Site”). The Site is comprised of various web pages owned and operated by BABS, LLC (the “Company”). By using the Site you are accepting all terms, conditions, disclosures, notices and policies without modification contained herein (the “Terms”).
Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy for your reference. The Site is an ecommerce site used for entertainment purposes and also to help educate individuals interested in exploring how the ancient system identified as the Destiny Cards system can offer meaning and insight into one's life and relationships.
The Company will offer electronic reports based upon birth dates (the “Product”) and in the future may incorporate additional services. Products and additional services (e.g., reports, blogs, emails, opt-in gifts, videos, social media, consultations and programs)offered through the Site (the “Materials”) will be distributed via electronic methods. Therefore the term Site, Products and Materials hereby refers to all content, information and services offered by Company via the Site.
Electronic Communications
Visiting the Site or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Age Restrictions
If you are under 18, you may not use the Site unless you have the permission of a parent or guardian.
Cancellation/Refund Policy
Your satisfaction with the Company’s Site, Products and Materials is important to the Company. Because Company’s Products are immediately downloadable (or sent via email), and because of the time, effort, preparation and care that goes into creating and/or providing Company’s Products, Company offers a no refund policy. Unless otherwise provided by law, you acknowledge that Company does not offer refunds at any time for any portion of your payment for any of Company’s Products. By using and/or purchasing any of Company’s Products you understand and agree that all sales are final. If you have any questions about this policy, please email [email protected] prior to purchasing a Product.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites and/or services (“Linked Sites/Services”). Linked Sites/Services are not under the control of Company and Company is not responsible for the contents of any Linked Site/Service, including without limitation any link contained in a Linked Site/Service, or any changes or updates to a Linked Site/Service. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.
Certain Third Party Services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
Company is not responsible for information that is shared through these third-party sites and organizations and can make no guarantee on how these sites and/or organizations will use your information. For additional information, please see all terms and conditions, privacy policies and notices provided by Company’s third-party sites and organizations.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, including but not limited to text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Site content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or its licensors except as expressly authorized by these Terms.
Use and Consent
By purchasing or using any of Company’s Site, Products and Materials, you agree to abide by all Terms expressly contained within this Site and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing or using Company’s Site, Products and Materials in any manner constitutes use of the Site, Products and Materials and your agreement to be bound by these Terms.
Intellectual Property Rights
Our Limited License to You
Company’s Site, Products and Materials are Company’s property and/or that of Company’s affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.The content in Company’s Site, Products and Materials is solely owned by or licensed to Company, unless otherwise indicated. This content includes, but is not limited to, the text design, layout, look, appearance, graphics of our Site, Products and Materials or any other material or aspects of materials provided by Company to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms.
If you purchase or access any of Company’s Products through Company’s Sites, you will be considered Company’s Licensee. For the avoidance of doubt, all content obtained through Company is its property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use Company’s Sites, Products or Materials in a manner that constitutes an infringement of Company’s rights or in a manner that has not been authorized by Company.
You are being granted a limited license to use Company’s Site, Products and Materials with permission and restrictions. This means that when you purchase a Product from Company’s Site or otherwise, you are purchasing the limited right to use the Materials in the form that is provided by Company to you with certain conditions as specified in these Terms.
You are permitted to use Company’s Site, Products and Materials as follows:
All rights not expressly granted in these terms or any express written license, are reserved by Company.
Information You Are Prohibited from Sharing with Others
As a Licensee, you understand and acknowledge that Company’s Site, Products and Materials have been created, developed or obtained by Company through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of the Company which needs to be protected from improper and/or unauthorized use.
When you purchase Company’s Products, you agree that you are clearly and expressly prohibited from doing the following:
Limitations on Linking and Framing
You may establish a hypertext link to Company’s Site so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in Company’s Site or content and does not state or imply that Company has sponsored, endorsed or have ownership rights in your website. You may not frame or inline link Company’s Site, Products or Materials without its written permission. There can be no sharing of any information that was purchased for your own personal use. Under no circumstances can you link to, frame or publicly share, via any manner or medium, Company’s Product.
Use of Communication Services
Should the Site contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Company has no obligation to monitor Communication Services. However, Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, Company specifically disclaims any liability with regard to Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to the Site or posted on any Company Web Page
Company does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Company Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Company, its affiliated companies and necessary sublicensees, permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Company’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Site, Products and Materials are controlled, operated and administered by Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company’s Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, Products or Materials, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the Company and located in Indianapolis, Indiana or Denver, Colorado, to be determined by Company.
The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
COMPANY IS NOT RESPONSIBLE FOR THE VIEWS, OPINIONS, OR ACCURACY OF FACTS REFERENCED ON OR THROUGH THE SITE, PRODUCTS AND MATERIALS OR THOSE OF ANY OTHER INDIVIDUAL OR COMPANY AFFILIATED WITH COMPANY IN ANY WAY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Site. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Company 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the 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 written in English.
Changes to Terms
Company reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.
Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy for your reference. The Site is an ecommerce site used for entertainment purposes and also to help educate individuals interested in exploring how the ancient system identified as the Destiny Cards system can offer meaning and insight into one's life and relationships.
The Company will offer electronic reports based upon birth dates (the “Product”) and in the future may incorporate additional services. Products and additional services (e.g., reports, blogs, emails, opt-in gifts, videos, social media, consultations and programs)offered through the Site (the “Materials”) will be distributed via electronic methods. Therefore the term Site, Products and Materials hereby refers to all content, information and services offered by Company via the Site.
Electronic Communications
Visiting the Site or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Age Restrictions
If you are under 18, you may not use the Site unless you have the permission of a parent or guardian.
Cancellation/Refund Policy
Your satisfaction with the Company’s Site, Products and Materials is important to the Company. Because Company’s Products are immediately downloadable (or sent via email), and because of the time, effort, preparation and care that goes into creating and/or providing Company’s Products, Company offers a no refund policy. Unless otherwise provided by law, you acknowledge that Company does not offer refunds at any time for any portion of your payment for any of Company’s Products. By using and/or purchasing any of Company’s Products you understand and agree that all sales are final. If you have any questions about this policy, please email [email protected] prior to purchasing a Product.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites and/or services (“Linked Sites/Services”). Linked Sites/Services are not under the control of Company and Company is not responsible for the contents of any Linked Site/Service, including without limitation any link contained in a Linked Site/Service, or any changes or updates to a Linked Site/Service. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.
Certain Third Party Services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
Company is not responsible for information that is shared through these third-party sites and organizations and can make no guarantee on how these sites and/or organizations will use your information. For additional information, please see all terms and conditions, privacy policies and notices provided by Company’s third-party sites and organizations.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, including but not limited to text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Site content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or its licensors except as expressly authorized by these Terms.
Use and Consent
By purchasing or using any of Company’s Site, Products and Materials, you agree to abide by all Terms expressly contained within this Site and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing or using Company’s Site, Products and Materials in any manner constitutes use of the Site, Products and Materials and your agreement to be bound by these Terms.
Intellectual Property Rights
Our Limited License to You
Company’s Site, Products and Materials are Company’s property and/or that of Company’s affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.The content in Company’s Site, Products and Materials is solely owned by or licensed to Company, unless otherwise indicated. This content includes, but is not limited to, the text design, layout, look, appearance, graphics of our Site, Products and Materials or any other material or aspects of materials provided by Company to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms.
If you purchase or access any of Company’s Products through Company’s Sites, you will be considered Company’s Licensee. For the avoidance of doubt, all content obtained through Company is its property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use Company’s Sites, Products or Materials in a manner that constitutes an infringement of Company’s rights or in a manner that has not been authorized by Company.
You are being granted a limited license to use Company’s Site, Products and Materials with permission and restrictions. This means that when you purchase a Product from Company’s Site or otherwise, you are purchasing the limited right to use the Materials in the form that is provided by Company to you with certain conditions as specified in these Terms.
You are permitted to use Company’s Site, Products and Materials as follows:
- You are permitted to download and/or print free resources from Company’s Site or e-mail correspondence, e-newsletters, or other publicly shared information that are NOT a part of any paid Product for your own personal use, but only provided that you give Company credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Site page(s) from which the information was obtained.
- You may also download and/or print Product materials for your own personal use. However, you are not permitted to share, sell, reprint or republish any of Company’s Site, Product or Materials, including handouts, for resale or mass reproduction purposes for your own use. Any trademarks, taglines, and logos displayed on Site, Product or Materials are trademarks belonging to Company. All trademarks reproduced in this Site, which are not the property of, or licensed to Company, are acknowledged on the Site.
- Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without Company’s express written consent, or permission granted herein.
- For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicate must be included at all times. Any marketing or promotional tools and/or Product titles or any other title or information of Company’s bearing the trademark symbols (™) or ® may not be used by you for any reason without Company’s express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by Company.
Information You Are Prohibited from Sharing with Others
As a Licensee, you understand and acknowledge that Company’s Site, Products and Materials have been created, developed or obtained by Company through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of the Company which needs to be protected from improper and/or unauthorized use.
When you purchase Company’s Products, you agree that you are clearly and expressly prohibited from doing the following:
- You will not copy, share or steal our Site, Products, or Materials, or any parts thereof.
- You will not in any way use, copy, adapt or represent any of Company’s Site, Products or Materials in any way as if they are yours or created by you.
- You will not engage in improper and/or unauthorized use of Company’s Site, Products or Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Materials or any other information accessed or purchased through Company’s Site or Products, or any other communications provided by Company for your own personal use, business/commercial use or in any way that earns you money.
- You will not duplicate, share, trade, sell, or otherwise distribute Company’s Site, Products or Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the information for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Sites, Products or Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Products and Materials.
- You will not violate Company’s intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using Company’s Sites, Products or Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights. You will not reprint or republish any part of Company’s Site, Products or Materials, or program for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
- You will not use our Site, Products and Materials in a manner that constitutes an infringement of Company’s rights or in a manner that has not been authorized by Company through its prior written consent.
- You may not engage in improper and/or unauthorized use of Company’s Program Materials or any other information related to Company’s Sites, Products and Materials. Unless otherwise explicitly authorized in these Terms, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through our Site or any other communications provided by us to you promoting or relating to the Site, Products and Materials.
- You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of Company’s Site, Products and Materials as set forth in these Terms is considered theft and stealing and we retain the right to prosecute theft to the fullest extent of the law.
- You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Limitations on Linking and Framing
You may establish a hypertext link to Company’s Site so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in Company’s Site or content and does not state or imply that Company has sponsored, endorsed or have ownership rights in your website. You may not frame or inline link Company’s Site, Products or Materials without its written permission. There can be no sharing of any information that was purchased for your own personal use. Under no circumstances can you link to, frame or publicly share, via any manner or medium, Company’s Product.
Use of Communication Services
Should the Site contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Company has no obligation to monitor Communication Services. However, Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, Company specifically disclaims any liability with regard to Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to the Site or posted on any Company Web Page
Company does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Company Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Company, its affiliated companies and necessary sublicensees, permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Company’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Site, Products and Materials are controlled, operated and administered by Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company’s Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, Products or Materials, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the Company and located in Indianapolis, Indiana or Denver, Colorado, to be determined by Company.
The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
COMPANY IS NOT RESPONSIBLE FOR THE VIEWS, OPINIONS, OR ACCURACY OF FACTS REFERENCED ON OR THROUGH THE SITE, PRODUCTS AND MATERIALS OR THOSE OF ANY OTHER INDIVIDUAL OR COMPANY AFFILIATED WITH COMPANY IN ANY WAY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Site. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Company 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the 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 written in English.
Changes to Terms
Company reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.
Disclaimer
By entering this Site or purchasing or using the reports, blog, e-mails, opt-in gifts, videos, social media, consultations, programs, products, materials and/or services (collectively “Site, Products and Materials”), from or related to Kismet and the Site, you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the disclaimer below, STOP now, and do not use the Site or Products and Materials or anything you have purchased or experienced through us.
For Educational and Informational Purposes Only
The information provided in or through our Site, Products and Materials is for educational and informational purposes only, and is made available to you as self-help tools for your own use. When serving as facilitators and consultants of the information contained within the ancient system referred to as the Destiny Cards system, whether through in-person, phone, Skype, online webinars, teleseminars, videos, audios, books, e-books, social media, and otherwise in a variety of settings, including but not limited to, individual and/or group programs, classes, workshops, events, retreats, seminars, coaching sessions, readings, consultations and/or trainings, website content, blog, Products or Services, you acknowledge that we are supporting you in our role exclusively as facilitators and consultants of the Destiny Cards System, and in no other role.
Not Medical, Mental Health, or Religious Advice
The information provided in or through our Site, Products and Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), or member of the clergy. Therefore, do not disregard or delay seeking professional medical, mental health or religious advice because of information you have read on this Site or received from us. Do not stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.
Not Legal or Financial Advice
The information contained in our Site, Products or Materials is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state, and it is constantly changing, and therefore it affects each individual and business in different ways. As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding your own income and taxes, and any and all information presented by our Site, Programs or Services pertaining to your specific financial and/or legal situation.
Personal Responsibility
Our Site, Products, and Materials aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Site, Products, and Materials, and you alone are 100% solely and personally responsible for your results. You agree to use your own due diligence and judgment before applying any recommendation or advice that you may receive on or through our Site, Products and Materials. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all decisions now and in the future.
Testimonials
We may present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved or they are comments from individuals who can speak to our character and/or the quality of our work. Each client or individual has approved these testimonials, examples, and photos for use in materials to speak to our Site, Products and/or Materials, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our Site, Products and/or Materials. Each of these unique stories, and any and all results reported in these stories by our clients on this Site, and through our Products and Materials, are the culmination of numerous variables, some of which we cannot control.
Assumption of Risk
There are sometimes unknown individual risks and circumstances that can arise during use of our Site, Products and Materials that cannot be foreseen that can influence or reduce results. We are not responsible for your personal choices or actions before, during or after use of our Site, Products and Materials. You understand that any mention of any suggestion or recommendation on or through our Site, Products and Materials is to be taken at your own risk, with no liability on our part, recognizing that there is a rare chance that illness, injury or even death could result. You accept full responsibility for the consequences of your use, or nonuse, of any information provided by us through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you, your business, or your family or children (if applicable) or any other person, may incur from your or their use, or non-use, of the information provided.
No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR OUR PROGRAMS, PRODUCTS AND SERVICES.
Affiliates
From time to time, we may promote or partner as an affiliate with other individuals or companies whose programs, products and services align with ours. In the spirit of transparency, we want you to be aware that there may be instances when we promote or market for our partners and in exchange we receive financial compensation in the form of affiliate fees and/or other rewards. Please note that we are highly selective as to the partners whose programs, products and/or services we promote and we only promote or share the programs, products and services of those with whom we think highly. At the same time, any such promotion or marketing does not serve as any form of endorsement. You are still required to use your own judgment when using or purchasing any such affiliate program, product or service to determine that it is appropriate for you as we waive all liability as related to any of our affiliates, including any of their programs, products or services.
No Endorsement
Reference or links in our Site, Products and Materials to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do not constitute our formal endorsement. We are merely sharing information for your own self-help only. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in our Site, Products and Materials. Should our Site link or any of our Site, Products and Materials appear in any other individual’s, business’ or entity’s website, program, product or services, it does not constitute our formal endorsement of them, their business or their website in any way.
This concludes Kismet Legal Shit.
For Educational and Informational Purposes Only
The information provided in or through our Site, Products and Materials is for educational and informational purposes only, and is made available to you as self-help tools for your own use. When serving as facilitators and consultants of the information contained within the ancient system referred to as the Destiny Cards system, whether through in-person, phone, Skype, online webinars, teleseminars, videos, audios, books, e-books, social media, and otherwise in a variety of settings, including but not limited to, individual and/or group programs, classes, workshops, events, retreats, seminars, coaching sessions, readings, consultations and/or trainings, website content, blog, Products or Services, you acknowledge that we are supporting you in our role exclusively as facilitators and consultants of the Destiny Cards System, and in no other role.
Not Medical, Mental Health, or Religious Advice
The information provided in or through our Site, Products and Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), or member of the clergy. Therefore, do not disregard or delay seeking professional medical, mental health or religious advice because of information you have read on this Site or received from us. Do not stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.
Not Legal or Financial Advice
The information contained in our Site, Products or Materials is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state, and it is constantly changing, and therefore it affects each individual and business in different ways. As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding your own income and taxes, and any and all information presented by our Site, Programs or Services pertaining to your specific financial and/or legal situation.
Personal Responsibility
Our Site, Products, and Materials aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Site, Products, and Materials, and you alone are 100% solely and personally responsible for your results. You agree to use your own due diligence and judgment before applying any recommendation or advice that you may receive on or through our Site, Products and Materials. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all decisions now and in the future.
Testimonials
We may present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved or they are comments from individuals who can speak to our character and/or the quality of our work. Each client or individual has approved these testimonials, examples, and photos for use in materials to speak to our Site, Products and/or Materials, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our Site, Products and/or Materials. Each of these unique stories, and any and all results reported in these stories by our clients on this Site, and through our Products and Materials, are the culmination of numerous variables, some of which we cannot control.
Assumption of Risk
There are sometimes unknown individual risks and circumstances that can arise during use of our Site, Products and Materials that cannot be foreseen that can influence or reduce results. We are not responsible for your personal choices or actions before, during or after use of our Site, Products and Materials. You understand that any mention of any suggestion or recommendation on or through our Site, Products and Materials is to be taken at your own risk, with no liability on our part, recognizing that there is a rare chance that illness, injury or even death could result. You accept full responsibility for the consequences of your use, or nonuse, of any information provided by us through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you, your business, or your family or children (if applicable) or any other person, may incur from your or their use, or non-use, of the information provided.
No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR OUR PROGRAMS, PRODUCTS AND SERVICES.
Affiliates
From time to time, we may promote or partner as an affiliate with other individuals or companies whose programs, products and services align with ours. In the spirit of transparency, we want you to be aware that there may be instances when we promote or market for our partners and in exchange we receive financial compensation in the form of affiliate fees and/or other rewards. Please note that we are highly selective as to the partners whose programs, products and/or services we promote and we only promote or share the programs, products and services of those with whom we think highly. At the same time, any such promotion or marketing does not serve as any form of endorsement. You are still required to use your own judgment when using or purchasing any such affiliate program, product or service to determine that it is appropriate for you as we waive all liability as related to any of our affiliates, including any of their programs, products or services.
No Endorsement
Reference or links in our Site, Products and Materials to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do not constitute our formal endorsement. We are merely sharing information for your own self-help only. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in our Site, Products and Materials. Should our Site link or any of our Site, Products and Materials appear in any other individual’s, business’ or entity’s website, program, product or services, it does not constitute our formal endorsement of them, their business or their website in any way.
This concludes Kismet Legal Shit.
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