The following terms and conditions (“Terms of Use”) govern the relationship between you and Kelly Maiese Coaching (“KM Coaching”) in the use of the kellymaiese.com and kellymcoaching.com websites (the ”Website”), which includes the Kelly Maiese App/Portal (“KM Client Portal”) app.kellymaiese.com. By using the Website and The App, you are agreeing to comply with and be legally bound by the terms and conditions as set out in these Terms of Use. If these Terms of Use are not acceptable to you, please do not use the Website.
We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version on the Website. Your continued use of the Website will be deemed your conclusive acceptance of the updated Terms of Use.
In this Terms of Use, the phrase “Service Providers” includes, but is not limited to, any licensors, suppliers, information providers or other third parties that provide, from time to time, any data, information, content, application, tool, feature or service for purposes of the Website.
Rights Granted and Restrictions on Use
KM Coaching grants to you a limited non-exclusive, non-transferable license to view and print the material on the Website for your non-commercial or personal use only. All copies that you make must retain all copyright and other notices that are on the Website. Except as provided in the previous sentence, you may not use, distribute, sell, modify, transmit, revise, reverse engineer, republish, post or create derivative works (where applicable) of the trade-marks, trade names, logos, design, layout, information, data, software, applications, interactive features, tools, services or other material or content on or made available through the Website (referred to collectively, as the “content” of the Website) without KM Coaching’s prior written permission.
You acknowledge and agree that the Website and their content are the property of KM Coaching and Service Providers and you will not acquire any rights or licenses in any trade-marks, patents, copyright or other intellectual property on the Website or in its content. The Website and their content are protected by copyright, both individually and as a collective work or compilation and by trade-mark law, patent law and any other applicable laws.
Your Authority to Use the Website
By using the Website, you are representing to us that you have the power and authority to accept these Terms of Use and to enter into this agreement with us, that you are capable of assuming, and do assume, any risks related to the use of the Website and their content, and that you understand and accept the terms, conditions and risks relating to their use. If you are dissatisfied with the Website or their content, your sole and exclusive remedy is to stop using them.
Disclaimers
The content on or made available through the Website is for informational purposes only and is not intended to provide legal, accounting, tax, investment, financial or other advice and such content should not be relied upon for such advice. KM Coaching, its Service Providers and each of their respective affiliates, directors, officers, agents and representatives assume no liability for any inaccurate, delayed or incomplete content, nor for any actions taken in reliance thereon. The content contained on or made available through the Website, including without limitation, the content obtained through Service Providers or through any other link, has been supplied by such Service Providers or other third parties without verification by us.
The views, opinions and advice of any third party provided on the Website reflect those of the individual authors and are not endorsed by us. Past performance is not necessarily indicative of future performance. Prior to making any investment decision, it is recommended that you consult directly with the individual or firm and seek advice from a qualified investment advisor. Neither KM Coaching nor any of its Service Providers make or have made any recommendations regarding the securities or investment services of any person or entity with respect to the content of the Website, or of the advisability of investing in securities generally for any particular individual.
Although the content has been obtained from sources believed to be reliable, the website and the content could include technical or other inaccuracies or typographical errors and they are provided to you on an “as is” basis without warranties or representations of any kind. KM Coaching and its service providers make no representation and disclaim all express and implied warranties and conditions of any kind, including without limitation, representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, satisfactory quality, merchantability, merchantable quality or fitness for any particular purpose or those arising by law, statute, usage of trade, or course of dealing. KM Coaching and its service providers assume no responsibility to you or any third party for the consequences of any errors or omissions.
No Damages
KM Coaching, its service providers and their respective directors, officers, employees, or agents shall not, under any circumstances, be liable for any direct, consequential, incidental, indirect or special damages, of any kind, or any other damages whatsoever, including without limitation, those arising from any decision made or action taken by you in reliance upon the content or those resulting from loss of use, data or profits, whether resulting from the use of or inability to use any content on or made available through the website (or a website linked to the website), or any other cause; and even if caused by KM Coaching’s or its service providers’ negligence, and even if any of them has been apprised of the likelihood of such damages occurring.
The above limitations and exclusions shall apply to you to the fullest extent that applicable law permits, in all actions of any kind, whether based on contract, tort (including, without limitation, negligence) or any other legal or equitable theory. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder of these terms of use.
Advertising and Links
KM Coaching accepts advertising from listed companies, brokers and other organizations and receives a fee from their advertising on the Website. No endorsement by KM Coaching is intended or implied by the presence of such advertising.
As a convenience to our visitors, the Website currently contain links to a number of Website. The privacy policies and procedures described here do not apply to those Website. We suggest contacting these Website directly for information on their data collection and distribution policies. Your linking to such Website or pages is at your own risk. KM Coaching is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. KM Coaching provides these links merely as a convenience and the inclusion of such links does not imply that KM Coaching endorses or accepts any responsibility for the content or uses of such Website.
Sponsored Content
The content identified as “From Our Sponsors” has been provided by the sponsor identified in that content, and is provided for informational purposes only. The content is not endorsed by KM Coaching and KM Coaching is not responsible for, and assumes no liability for, any errors or omissions in the content provided or any actions taken in reliance thereon.
Trademarks
You are not permitted to use any of the trademarks displayed on the Website (including without limitation those listed below) without the prior written consent of KM Coaching or the third party that owns the trademark.
Hyperlinks
Unless you have a written agreement in effect with KM Coaching which states otherwise, you may only provide a hypertext link to the Website on another website, provided that (a) the link must be a text-only link clearly marked “KM Coaching Home Page” or “Kelly Maiese Coaching Home Page”; (b) the link must “point” to (i.e. link the user directly to) the URL https://www.kellymaiese.com or kellymcoaching.com; (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with KM Coaching’s name and trade-marks; (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by KM Coaching; (e) the link, when activated by a user, must display the site full-screen and not within a “frame” on the linking website; and (f) KM Coaching reserves the right to revoke its consent to the link at any time in its sole discretion.
No links may be made to or from any of the content provided by Service Providers without their prior written permission.
Non-Confidential Use of Your Postings
Any non-personal communication, comments, ideas or material you post or transmit to KM Coaching is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material to the Website you grant to KM Coaching an unrestricted, irrevocable license to use, reproduce, display, modify, transmit, distribute, publish, broadcast or post your communication for any purpose. You also agree that KM Coaching is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Protecting Information
We have reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. We assume no liability for any damages you may suffer as a result of loss, interception, alteration or misuse of information you provide us or any information transmitted over the Internet. Please see our Privacy Policy for further details.
Changes to Terms of Use
KM Coaching reserves the right to revise these Terms of Use at any time without notice to you. You are bound by such revisions, so we encourage you to visit this page frequently to stay informed.
Website Modification
KM Coaching may change the Website, including eliminating or discontinuing any content on or made available through the Website, at any time and in its sole discretion.
Violations of Terms of Use
KM Coaching reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to our Website.
Other Countries
The Website can be accessed from countries around the world other than Canada and may contain references to KM Coaching’s products, services, and programs that have not been announced in your country. These references do not imply that KM Coaching intends to announce such products, services or programs in your country. KM Coaching makes no representation that the content on the Website is appropriate or available for use in other locations, and accessing the Website from territories where its content is illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and their own risk and are responsible for compliance with local laws.
Laws
By accessing the Website, you and KM Coaching agree that all matters relating to your access to, or use of, the Website shall be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada, as applicable, without regard to the conflicts of laws principles thereof. You and KM Coaching agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to any and all matters arising in connection with these Terms of Use.
How to Contact Us
If you have submitted personal information through the Website or any interactive advertisements, and would like that information deleted from our records, please contact us at our e-mail address: kelly@kellymcoaching.com. We will use reasonable efforts to delete this information from our existing files.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE.
