VICTORIA KANE EDUCATION CONSULTING TERMS OF USE

Effective Date: October 18, 2019

 

These Terms of Use constitute a binding legal agreement between you and Victoria Kane Education Consulting and set forth how users may access, interact with, and otherwise use this web site.  By visiting this web site, you are agreeing to be bound by the terms and conditions of these Terms of Use. 

 

If you do not accept these Terms of Use as stated here, do not use this web site.

 

When we use the words “user,” “you” and “your” we mean users of the web site and when we use the words “we,” “our,” and “Victoria Kane Education Consulting” we mean by Victoria Kane Education Consulting, also known as Victoria J. Kane – the owner and operator of this web site victoriajkane.com.

 

Changes to These Terms of Use & Changes to this Web Site
 

Victoria Kane Education Consulting reserves the right to change these Terms of Use at any time by posting revisions to our Web Site.  You can tell if the policy has changed by checking the last modified date that appears at the end of these Terms of Use.  It is your responsibility to review any such changes or updates and check the web site from time to time to be sure you understand all terms and conditions, agreements and policies of the web site and are in compliance with them. Use of this web site after such changes are posted constitutes acceptance of all changes. 

 

The information posted by Victoria Kane Education Consulting or presented on this web site is for general information purposes.  Although Victoria Kane Education Consulting may update and revise the content on this web site from time to time, all content on this web site is not necessarily up-to-date.  Victoria Kane Education Consulting may change program dates, change program fees, change components of programs, cancel programs entirely or make other changes to Victoria Kane Education Consulting programs, products and services that are listed or described in this web site without any notice to users.  

 

Victoria Kane Education Consulting’s Intellectual Property Rights & Trademarks

 

Except for User Content (discussed below), this web site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Victoria Kane Education Consulting and its licensors and are currently in the process of being protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  You may not change or delete any proprietary notices from this web site or from material you download from this web site.

Personal Non-Commercial Use Only

 

You may use this web site only for your personal, non-commercial use only.

 

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our web site, except for limited actions consistent with your personal and non-commercial use.  You may not publish or upload any commercial content on this web site or solicit others for any commercial purpose.

 

User Content

 

This web site may contain blogs and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Content") on or through this web site.

 

All User Content must comply with the User Content Standards set out in these Terms of Use.

 

Any User Content you post to the site shall be considered non-confidential and non-proprietary. By providing any User Content on the web site, you grant Victoria Kane Education Consulting and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

 

This web site is a passive conduit for online distribution and publication of User Content Victoria Kane Education Consulting has no obligation to review, screen or edit User Content.  We are not responsible or liable to you or any third party for the content or accuracy of any User Content posted by you or any other user of the web site.

 

If Victoria Kane Education Consulting is notified of communications or content that allegedly do not conform to the User Content Standards or this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the objectionable content and/or suspend or terminate the user who posted the objectionable content. Victoria Kane Education Consulting has no liability or responsibility to users for performance or nonperformance of its investigation or determinations.  All decisions made by Victoria Kane Education Consulting are final. 

 

User Content Standards

 

User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Additionally, and without limiting the foregoing, User Content must not:

 

            (i) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

 

            (ii) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

 

            (iii) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

 

            (iv) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Victoria Kane Education Consulting’s Privacy Policy.

 

            (v) Be likely to deceive any person.

 

            (vi) Promote any illegal activity, or advocate, promote, or assist any unlawful act.

 

            (vii) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

 

            (viii) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

 

            (ix) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.

 

            (x) Give the impression that they emanate from or are endorsed by Victoria Kane Education Consulting or any other person or entity, if this is not the case.

 

Monitoring User Content; Enforcement; Termination

 

Victoria Kane Education Consulting may monitor use of this web site at any and all times to determine compliance with this Agreement. If we determine you have abused or violated the letter or intent of any of these Terms of Use or any applicable law, we may terminate or suspend your access to the web site and all related services, initiate an investigation, remove materials from our servers, issue a warning, block any prohibited activity, and take any other responsive action. Additionally, users who violate this Agreement may incur criminal and/or civil liability.  Without limiting the generality of the foregoing, Victoria Kane Education Consulting has the right to:

 

            (i) Remove or refuse to post any User Content for any or no reason in our sole discretion.

 

            (ii) Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the User Content Standards (described above), threatens the personal safety of users of the web site or the public, or could create liability for the Company.

 

            (iii) Disclose your identity or other information about you to any third party who claims that User Content material posted by you violates their rights, including their intellectual property rights or their right to privacy.

 

            (iv) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the web site.

 

            (v) Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the web site.

 

YOU WAIVE AND HOLD HARMLESS VICTORIA KANE EDUCATION CONSULTING AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VICTORIA KANE EDUCATION CONSULTING AND ANY OF SUCH PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER VICTORIA KANE EDUCATION CONSULTING, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

Nothing in these Terms of Use shall be construed to limit the right of Victoria Kane Education Consulting to warn, suspend or terminate access to the web site of any user who breaches this Agreement, provides inadequate authentication of identity, or if Victoria Kane Education Consulting in its sole discretion, determines that the user's activities pose a possible legal or business risk to anyone, including Victoria Kane Education Consulting.

 

Disclaimer of Liability


Victoria Kane Education Consulting does not warrant that the web site will operate error-free or that the web site and its server are free of computer viruses or other harmful mechanisms.  If your use of the web site results in the need for servicing or replacing equipment or data, Victoria Kane Education Consulting is not responsible or liable for those costs. The web site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Victoria Kane Education Consulting of the content on such third-party web sites. Victoria Kane Education Consulting is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

The web site and all its content are provided on an 'as is' basis without any warranties of any kind.  To the fullest extent permitted by law, Victoria Kane Education Consulting disclaims all warranties, including the warranty of merchantability, non-infringement of third party rights, and the warranty of fitness for a particular purpose. This web site may contain typographical errors or other inaccuracies. 

Use of the web site is at your own risk.

 

Limitation of Liability


In no event shall Victoria Kane Education Consulting, its affiliates, agents, suppliers, partners, information providers, and their respective officers, directors, employees, contractors and agents be liable for any damages whatsoever (including without limitation, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the web site, and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Victoria Kane Education Consulting or such other parties are advised of the possibility of such damages. In no event shall Victoria Kane Education Consulting or the aforementioned parties be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on the web site or any of its content. In no event shall the aggregate liability to you for all claims directly or indirectly arising from the use of the web site exceed one hundred dollars ($100.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this agreement are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement.


Indemnity and Release


As a material inducement to provide you with access and use of the web site, you hereby indemnify, defend and hold Victoria Kane Education Consulting, and its officers, directors, owners, agents, partners, information providers, and affiliates (collectively, the "Indemnified Parties") harmless from and against any and all damages, liability, claims, actions, demands and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys' fees and costs.

If you have a dispute involving the web site with a third party, you release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."


Infringement Notice & Digital Millennium Copyright Act

It is Victoria Kane Education Consulting’s policy to respond to claims of intellectual property infringement.  We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. In accordance with the DMCA, notifications of claimed copyright infringement should be submitted to the following Designated Agent for the web site: victoria@victoriajkane.com.

 

To be effective under the DMCA, the notification must be a written communication that includes the following:

            (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

            (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the web site are covered by a single notification, a representative list of such works on the web site;

            (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

            (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

            (v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

            (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

General

 

Victoria Kane Education Consulting may discontinue or change the web site at any time.

 

These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

 

If you access the web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

These Terms of Use is governed by the internal substantive laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts in Boston, Massachusetts where Victoria Kane Education Consulting has its principal place of business.

 

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

 

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

 

Captions are for reference purposes only and do not define, limit, construe or describe the scope or extent of any section.

 

Any claim or cause of action that you may have with respect to this web site must be commenced within one year after the claims or cause of action arises or it shall be forever barred.

 

The course of conduct between you and Victoria Kane Education Consulting shall not modify or amend any of these Terms of use.  Victoria Kane Education Consulting’s failure to strictly enforce any of these Terms of Use with you or any other user shall not constitute a waiver of any of Victoria Kane Education Consulting’s rights.

Privacy Policy

 

Victoria Kane Education Consulting also has a Privacy Policy with respect to its use of the information you provide on this website.  Victoria Kane Education Consulting’s Privacy Policy is here.

 

Questions

If you have any questions about these Terms of Use, please contact us at victoria@victoriajkane.com.

 

 

Contact

Brookline, MA

617.610.2292

victoria@victoriajkane.com

WeChat: tory_kane

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