The following terms of use are entered into by and between the User (“You” or “Your”) and The Kelly Alexander Show (the “Company”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of kellyalexandershow.com, its Affiliates and all associated social media platforms and or services (“KAS”), including any content, functionality and services offered on or through KAS, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use KAS. By using KAS, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference.
If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use KAS.
KAS is offered and available to users who are 16 years of age or older. By using KAS, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use KAS.
Accessing the Website and Account Security
The Company reserves the right to withdraw or amend KAS and any service or material provided on KAS without notice. The Company will not be liable if for any reason all or any part of KAS is unavailable at any time or for any period. From time to time, the Company may restrict access, at the Company’s sole discretion, to some parts of KAS, or the entirety of KAS, to users, including registered users.
To access KAS or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of KAS and any resources downloaded from KAS that all the information you provide on KAS is correct, current, and complete. You agree that all information you provide to register with KAS or otherwise, including but not limited to through the use of any interactive features on KAS, is governed by the Company’s Privacy Policy, and you consent to all actions taken with respect to your information consistent with the Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of KAS security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to KAS or portions of it using your user name, password or other security information. You agree to notify the Company immediately of any unauthorised access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. The Company has the right to disable any user name, password or other identifier, whether chosen by you or provided by the Company, at any time in the Company’s sole discretion for any or no reason, including if you have violated any provision of these Terms of Use.
No Unlawful or Prohibited Use and Intellectual Property
You are granted a non-exclusive, non-transferable, revocable licence to access and use KAS and the resources available for download from KAS strictly in accordance with these Terms of Use. As a condition of your use of KAS, you warrant to the Company that you will not use KAS or any of the resources available for download from KAS for any purpose that is unlawful or prohibited by these Terms.
You may not use KAS or any of the resources available for download from KAS in any manner that could damage, disable, overburden, or impair KAS or interfere with any other party’s use and enjoyment of KAS. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through KAS.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on KAS, is the property of the 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 intellectual property rights, including 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 KAS. The Company content is not for resale.
Your use of KAS does not entitle you to make any unauthorised 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 individual 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. The Company does not grant you any licences, express or implied, to the intellectual property of the Company or its licensors except as expressly authorised by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on KAS are the intellectual property of their respective owners.
Use of Communication Services
KAS may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections 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.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
The 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. The 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 the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Company spokespersons, and their views do not necessarily reflect those of the 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.
Guests
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on another platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer any and all intellectual property rights and moral rights they may have in any such interviews to the Company and further provide a worldwide irrevocable licence to any rights they are unable to assign.
International Users
KAS is controlled, operated and administered by the Company from offices within Canada. If you access KAS from a location outside Canada, you are responsible for compliance with all laws of that country. You agree that you will not use the Company Content accessed through KAS in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Privacy
Your use of KAS is also subject to the Company’s Privacy Policy.
Please review the
Privacy Policy, which also governs KAS and informs users of our data collection practices.
Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Changes to the Terms of Use
The Company may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately once posted, and apply to all access to and use of KAS thereafter.
Your continued use of KAS following the posting of revised Terms of Use means that you accept and agree to all the changes and updates. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Disclaimer
The information on this website is for general informational purposes only. The Kelly Alexander Show makes no representation or warranty, express or implied. Your use of the site is solely at your own risk. This site may contain links to third party content, which the Company does not warrant, endorse, or assume liability for. The opinions and comments you hear from KAS guests and hosts are solely those of the guests and hosts, and do not reflect the Kelly Alexander Show.
Your use of KAS is also subject to the Company’s Disclaimer, which also governs KAS and informs users of various limitations regarding the information provided on KAS.
Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
Accuracy and Personal Responsibility
As set forth in the Disclaimer, the Company has done its best to ensure that the information provided on KAS and its Affiliates’ websites are accurate and provide valuable information, but the Company cannot guarantee the accuracy of the information.
Neither the Company nor any of its owners, directors, officers, shareholders, employees, agents and affiliates shall be held liable or responsible for any errors or omissions on KAS or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using KAS, you accept personal responsibility for the results of your actions:
- You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on KAS.
- You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policies suggested or recommended on KAS.
Materials Provided to KAS
The Company does not claim ownership of the materials you provide to KAS (including feedback and suggestions) or post, upload, input or submit to any KAS page or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees 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.
You agree and consent to waive your right to any and all compensation with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the 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.
Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON KAS AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM KAS. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF KAS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH KAS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN KAS AT ANY TIME. THE COMPANY 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 KAS 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. THE COMPANY 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 SHALL THE 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 KAS, WITH THE DELAY OR INABILITY TO USE KAS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH KAS, OR OTHERWISE ARISING OUT OF THE USE OF KAS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE 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 KAS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING KAS.
No Warranties
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF KAS. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH KAS. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Arbitration
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to KAS, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur with
ADR Institute of Canada, Inc. 234 Eglinton Ave. East, Suite 407, Toronto, Ontario M4P 1K5.
You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use KAS or services, 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. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.
Termination and Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to KAS and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to KAS or the Terms of Use pursuant to the Arbitration Clause above. Use of KAS is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
No Joint Venture or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of KAS. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of KAS or information provided to or gathered by the 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.
Entire Agreement
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to KAS and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to KAS.
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.
Les parties souhaitent expressément que le présent accord et tous les documents connexes soient rédigés en anglais.
Payment Terms
All products of the Company are sold in US Dollars.
Monthly Subscription: By purchasing a Monthly Subscription, you agree to a recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our Termination of Subscription policy.
– AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe, the Kelly Alexander Show will automatically process your Monthly Subscription fee in the next billing cycle. Kelly Alexander Show will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription. See Termination of Subscription Policy to understand how to cancel your subscription.
If the Company does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, the Company may require you to provide a second valid credit card before continuing to use our products. You authorise the Company to charge outstanding fees and other amounts due from you, including but not limited to legal action and/or using third party collection agencies.
If your account is more than 30 days past due, and is forwarded to a collections agency, you will additionally be liable for any recovery fees charged by the agency. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify the Company about any billing problems or discrepancies within 30 days after they first appear on your credit card statement. If you do not bring them to the Company’s attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. The Company may modify the price, content, or nature of the Products at any time. At the Company’s sole discretion, we may grandfather in the prices of certain members based on factors such as sign up date and good standing. The Company will notify members receiving such grandfathered rates prior to the implementation of any price change. If modifications are made to any of the foregoing terms, you may cancel your membership, and such cancellation shall be your sole remedy. The Company may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on KAS.
Non-Refundable Fees
The Company does not charge any extra fees to the Monthly Subscription rate. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. The Company’s payment infrastructure may charge a small fee per purchase, which you agree to pay when making a purchase.
Restrictions on use
The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Company to any third-party. You may use the Products and Site only for your personal, non-commercial purposes. You further agree not to modify or create any derivative product, nor copy, reproduce, distribute, republish or download any KAS products.
Refunds
Refund physical products. All sales on physical products are final. If a physical product does not fit or was delivered damaged, you may exchange it for the same item within 30 days of purchase date. You must first contact the Company to receive a return form to complete and return with the physical product. Products must be unworn and in the original condition. You agree to cover the cost of return shipping to the Company. You will be reimbursed within 10-15 business days of receipt of returned product.
Refund digital products. If you are dissatisfied with the purchase of any digital product, you may contact the Company within 30 days of purchase date. You will be reimbursed within 10-15 business days. Refund amount is dependent on the USD to your currency exchange rate values and related fees. Should KAS not release any content one month, you may contact the Company to receive a reimbursement for that month.
Termination of Subscription
You may cancel your Monthly Subscription at any time by logging into your account, Update Account, Your Subscriptions, Cancel. If you experience any issues, you may contact cancel@kellyalexandershow.com for help. Your Monthly Subscription will end immediately. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.
Should the Company decide to terminate any monthly subscriptions, you will be notified 30 days prior to the end date.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which KAS is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
The Company welcomes your
questions or comments regarding this statement.
