Terms and Conditions
TERMS OF AGREEMENT
TERMS OF AGREEMENT:
By logging into this web site and/or entering into any contract or agreement with Kernan Consulting, Inc. for products and/or services to be provided by Kernan Consulting, Inc., including without limitation ordering any products or services through the Kernan Consulting, Inc. web site (hereinafter referred to as your “Contract”), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these “Terms and Conditions”).
For purposes of these Terms and Conditions, references to the products and/or services provided by Kernan Consulting, Inc. shall include, without limitation, information both written and verbal, consulting services, teleseminars, marketing strategies, sales scripts, marketing templates, illustrations, examples, and other services.
If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from Kernan Consulting, Inc. or enter into this Contract. These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract.
Kernan Consulting, Inc. reserves the right to modify, amend, update and change these Terms and Conditions from time to time without notice to you. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Kernan Consulting, Inc. shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.
DISCLAIMER OF WARRANTIES
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL INFORMATION, WEB SITES, SERVICES, PRODUCTS, OR OTHER ITEMS PRESENTED TO YOU ARE PROVIDED AS IS, WITH NO WARRANTY EITHER EXPRESSED OR IMPLIED. To the fullest extent permitted by law, Kernan Consulting, Inc. hereby disclaims all implied warranties of any kind, including but not limited to warranties of merchantability, suitability, infringement of intellectual property rights, or fitness for a particular purpose. We do not warrant or guarantee the results, or make any representations regarding the use or the results of the products, information both written and verbal, materials, and services provided to you in this program. We also do not warrant or guarantee the accuracy, correctness, or reliability of all information, written, verbal, or otherwise. The entire risk as related to the use, results and performance of the products, services, and information provided in this program are assumed by you, the user, and therefore deem you responsible for any cost of servicing, repair, correction, or liability as a result of using the products, services, and information provided in this program.
COPYRIGHTS & PROPRIETARY INFORMATION
This web site and the materials provided within this web site (hereinafter referred to as “Content”) contain copyrighted material, trademarks, and other proprietary information belonging to Kernan Consulting, Inc., and Kernan Consulting, Inc. retains all rights, interest, and title of Content. Accordingly, you may not copy, publish, modify, transmit, share, lease, rent, sell, or participate in the sale of Content, whole or in part, without written prior consent from Kernan Consulting, Inc. Reproduction is strictly prohibited. Any unauthorized use of these products, materials, information shall result in criminal and/or civil prosecution.
The username, password, and content provided within this site after ordering is solely for your personal use. You will be responsible for maintaining the security of any passwords, usernames, and private download pages given to you. Access to this material is strictly limited to clients who have paid for it and who have been given expressed written permission to access its content. Unauthorized access by any other means is considered theft and shall result in criminal and/or civil prosecution.
Kernan Consulting, Inc. reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your membership to this site. You agree that Kernan Consulting, Inc. shall not be held liable to you or any third party for any rejection, cancellation or termination of your membership, your Contract, or your access to the web site. In the event that Kernan Consulting, Inc. rejects, cancels or terminates your membership or your Contract, Kernan Consulting, Inc. will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order.
If you exercise your option for returning any materials, coaching, or other products for a refund, OR if you cancel your membership, OR if your membership is terminated by Kernan Consulting, Inc. for any reason, you immediately forfeit any rights to use any of the materials, ideas, concepts, images, copy, tools, resources, and content you received. To receive a refund, you must return all materials received and immediately destroy any electronic materials, documents, or audio files you received from Kernan Consulting, Inc.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KERNAN CONSULTING, INC. OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE USE OF THE PRODUCTS, INFORMTION, OR SERVICES PROVIDED BY KERNAN CONSULTING, INC. , EVEN IF KERNAN CONSULTING, INC., HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS.
LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR PROVISION OF PRODUCTS, INFORMATION, OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO KERNAN CONSULTING, INC. UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.
Kernan Consulting, Inc. is ALSO not responsible for the success, failure, or outcomes relating to decisions made as a result of the information presented by our companies, or the materials contained within this program.
You agree to indemnify and hold Kernan Consulting, Inc., its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise arising out of or related to any of the products or services provided by Kernan Consulting, Inc..
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of Nebraska. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in Nebraska regarding any and all disputes relating to your Contract or these Terms and Conditions.
By purchasing any product from Kernan Consulting, Inc. you are giving permission for Kernan Consulting, Inc. to communicate with you by e-mail, phone, and fax about the products and services you have purchased, as well as other products and services we have to offer. You may request to be removed from our lists at any time and we never rent, sell, or share your personal information with an outside 3rd party.
These Terms and Conditions shall constitute the sole agreement and understanding between you and Kernan Consulting, Inc. regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Kernan Consulting, Inc. regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon Kernan Consulting, Inc. unless otherwise agreed to by Kernan Consulting, Inc. in writing. The failure of Kernan Consulting, Inc. to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Any questions concerning these Terms and Conditions should be directed to:
Attention: Legal Department