Welcome! Kristina N. Cummings owns and operates this website, services, content, technologies and applications located at kristinanoelle.com and kristinancummings.simplero.com. These Terms of Use (“Terms”) constitute a legally binding agreement made by and between Kristina N. Cummings and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”). 

BY ACCESSING, USING ANY PART OF THE WEBSITE OR SERVICES AND/OR PURCHASING ACCESS TO ANY  KRISTINA N. CUMMINGS ONLINE DIGITAL PRODUCTS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE WEBSITE OR ANY SERVICES.

 

If you have any questions about these Terms, please contact us by email at hello@kristinancummings.com.

 

 

Refund Policy- Applicable to all courses and content beyond How to Connect to God's Presence When You're in Pain

Due to the nature of digital content, any purchases made through Kristina N. Cummings, are non-refundable. Upon checking the box to the privacy policy, I agree that I have read and agree to this refund policy. 

 

 

About Kristina N. Cummings' Website

 

Subject to compliance with these Terms, Kristina N. Cummings gives users the ability to consume wellness content, post comments and other user-generated content, and to purchase access to her Services on a variety of topics relevant to her Website (collectively, the "Services"). You agree that all transactions will be performed electronically and that the terms of the purchase of access to and use of any Services will be governed by these Terms.

 

 

About The Terms

 

The Terms have the same effect as an agreement in writing and govern your use of Kristina N. Cummings' Website. IF YOU DO NOT AGREE TO THESE  TERMS, PLEASE IMMEDIATELY CEASE USE OF OR ACCESS TO HER WEBSITE AND/OR ANY SERVICES. She may modify the Terms at any time. These terms were last revised on October 18th, 2020. Each time you visit or log into her Website, you reaffirm your acceptance of these Terms. You are responsible for regularly reviewing the Terms. The Terms are supplemented by additional terms and conditions applicable to privacy and may be supplemented by additional terms and conditions applicable to specific areas of her Website, or to particular content or transactions posted in particular areas of her Website.

 

HEALTHCARE DISCLAIMER

 

KRISTINA N. CUMMINGS AND PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY PSYCHOLOGICAL OR MEDICAL CONDITIONS.  HER WEBSITE AND SERVICES MAY INCLUDE INFORMATION AND INSTRUCTION RELATING TO PSYCHOLOGICAL AND OVERALL EMOTIONAL AND MENTAL WELL-BEING, AND SOME OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH HER WEBSITE RELATE TO SUCH TOPICS FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE FOLLOWING WARNINGS AND DISCLAIMERS SHALL APPLY TO ALL SUCH INFORMATION, INSTRUCTION, PRODUCTS, AND SERVICES:

 

KRISTINA N. CUMMINGS AND THE CONTENT-PROVIDER IS NOT A LICENSED MEDICAL CARE OR HEALTHCARE PROVIDER, AND IS NOT RENDERING PERSONAL MEDICAL AND/OR PSYCHOLOGICAL ADVICE OR TREATMENT, AND HAS NO EXPERTISE IN ADVISING ON, DIAGNOSING, EXAMINING, OR TREATING MEDICAL OR MENTAL HEALTH CONDITIONS OF ANY KIND. FOR YOUR SKILLS AND ABILITIES, AS WELL AS FOR ANY MENTAL OR PHYSICAL CONDITIONS AND/OR LIMITATIONS YOU MAY HAVE. HER WEBSITE, INCLUDING ALL CONTENT THEREON, AND THE SERVICES ARE NOT MEANT TO BE SUBSTITUTES FOR MEDICAL ADVICE FROM YOUR PHYSICIAN OR HEALTH CARE PROVIDER OR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.  MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, OR APPROPRIATENESS FOR ANY PURPOSE OF ANY INFORMATION OR CONTENT CONTAINED ON HER WEBSITE OR THE ONLINE COURSES.

 

 

YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF A STATEMENT YOU HAVE READ ON HER WEBSITE AND/OR HEARD IN HER SERVICES. HER WEBSITE AND THE SERVICES SHOULD NOT BE USED IN LIEU OF ADVICE GIVEN BY QUALIFIED MEDICAL PROFESSIONALS SUCH AS YOUR PHYSICIAN. IT IS IMPORTANT THAT HER WEBSITES AND THE SERVICES ARE USED ONLY IN CONJUNCTION WITH QUALIFIED MEDICAL GUIDANCE.

 

 

BASED ON THE FOREGOING, NOTHING CONTAINED ON THE WEBSITE OR OTHER PRODUCTS OR SERVICES OFFERED BY KRISTINA N. CUMMINGS SHOULD BE CONSTRUED AS ANY FORM OF SUCH MEDICAL ADVICE OR DIAGNOSIS. WITHOUT LIMITING ANYTHING SET FORTH HEREIN, YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM THAT YOU MAY HAVE AT ANY TIME FOR INJURY OF ANY KIND AGAINST KRISTINA N. CUMMINGS, OR ANY PERSON OR ENTITY INVOLVED WITH KRISTINA N. CUMMINGS INCLUDING WITHOUT LIMITATION ITS DIRECTORS, INDEPENDENT CONTRACTORS, EMPLOYEES, CONTRACTORS, AFFILIATES AND REPRESENTATIVES.

 

Terms and Conditions

 

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Website and use the Services for your personal, non-commercial use, and as Kristina otherwise intends. KRISTINA N. CUMMINGS reserves the right to monitor the Service for the purpose of determining that your usage complies with these Terms.

 

• 1. Prohibited Conduct.

You may not use the Website or Services other than as expressly permitted by these Terms. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Website; (b) use the Service or Website commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or Website (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Service, Website, or underlying any technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorised access to the Service or Website; (g) collect information about users of the Service, the Website, or the Service; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service or Website.

 

 

         2. Account Registration and Account Use.

If you create an account, you must provide complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. Excessive viewings or logins by you will be construed as fraudulent use of services, which will result in the immediate cancellation of your access to the Services without refund. When purchasing access to a Service, you agree to take all actions possible to protect your username and password from fraudulent use.

You agree to notify KRISTINA N. CUMMINGS immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Kristina N. Cummings or a third party due to someone else using your account.

 

Kristina N. Cummings has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.

 

 

    3. Kristina May Discontinue or Suspend Her Website or Terminate Your Use.

These Terms are effective unless and until terminated by you or Kristina.  She reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, her Website (or any part thereof) with or without notice. You agree that she shall not be liable to you or any third party for any such termination, modification, suspension or discontinuance of her Website. She may deny you access to all or part of the Website at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all.

 

If you terminate your account, you must contact her at hello@kristinancummings.com and you will remain liable under these Terms for any purchase made prior to termination. If she terminates your right to access the Website, these Terms will terminate and all rights you have to access the Website will immediately terminate.

 

 

4. Kristina Has All Rights In Her Website and Kristina N. Cummings Content; She Disclaims Any Liabilities in Connection with Third-Party Content and Services; You Grant Her Certain Rights When You Submit Content to Her:

Kristina's Website (including all text, photographs, graphics, video and audio content contained on Her Website) is protected by copyright as a collective work or compilation under the copyright laws of the Canada and other countries, and she (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) have all rights therein (“Content”). All individual articles, blogs, videos, content and other elements comprising her Website are also copyrighted works, and she (subject to the rights of her licensors and licensees under applicable agreements, understandings, and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on her Website.  The Content, trademarks, service marks and logos contained therein (“Marks”), the design of the Website and/or Services (“Site Design”), and all software and other technology used to provide the Website and/or Services (“Technology”), are owned by or licensed to Kristina N. Cummings and/or its affiliates. Kristina N. Cummings Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. She reserves all rights not expressly granted in and to the Website, Kristina N. Cummings Content. Using the Website and/or Services does not give you any ownership of or right in or to any Kristina N. Cummings Content.

 

The Website may contain information and content provided by third parties. Kristina has no obligation to monitor, she does not endorse, and she is not liable for any third-party content. In addition, the Website may contain links to third-party websites. Kristina N. Cummings is not responsible for the content on any linked site or any link contained in a linked site. She does not endorse or accept any responsibility for the content on such third-party sites.

 

Third parties may offer their services directly to you through the Website. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Kristina N. Cummings will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products.

 

If you send comments or suggestions about the site or Services to Kristina N. Cummings, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Kristina N. Cummings. No submission shall be subject to any obligation of confidence on the part of Kristina N. Cummings. Kristina N. Cummings shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

 

 

By sharing, posting or submitting User Content on or to her Website (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise) (collectively, “User Content”), you grant Kristina N. Cummings, and her affiliates, agents and third party contractors a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish your User Content  on her Website and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to her made by you from time to time, you understand and agree that (unless you and she agree otherwise) she may, or may permit users to, based solely on functionality provided and enabled by her Website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and she agree otherwise) you shall have no rights with respect thereto and she or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

 

You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent her from exploiting the rights granted in herein.

You also grant her the right to use and display the name, photograph and any other biographical information that you submit with any User Content in connection with such User Content.

 

 

You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Website, including, without limitation, any personal information, such as your home address, the home address of others, or your current location. KRISTINA IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON HER WEBSITE OR IN ANY SOCIAL MEDIA FORUM ASSOCIATED WITH KRISTINA N. CUMMINGS AND ITS COURSES/CONTENT. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Kristina N. Cummings the required rights to disseminate any User Content, (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Kristina N. Cummings’ use of your uploaded User Content (or any portion thereof) on, through or by the means of the Website, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy, (3) publish falsehoods or misrepresentations that could damage her or any third party; (4) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (5) you will not post content intended to provide professional advice, including the provision of medical advice; or (6) post advertisements or solicitations of business.

 

You understand that when you submit content in any form to Kristina N. Cummings or her Website or any social media forum associated with Kristina N. Cummings and her content, she may authorise such content to be distributed or syndicated to or published on other Kristina N. Cummings-branded environments. She has the right to remove or edit any User Content for any reason or no reason at all.

 

 

You Have Rights if You Believe Your Copyright is Being Infringed:

 

Kristina N. Cummings respects the rights of others and she expects users of her Website and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also her policy that she may remove, suspend, terminate access, or take other appropriate action against repeat offenders. She may also remove content that in her sole discretion appears to infringe the intellectual property rights of others.

 

 

 

How to File an Infringement Notification.

 

If you have evidence, know, or have a good faith belief that content residing on or accessible through her Website infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email to Kristina N. Cummings’s designated Copyright Agent to receive notifications of claimed infringement by the following means:

 

Kristina N. Cummings Copyright Agent

hello@kristinancummings.com

 

                  and with the information that sets forth the items specified below:

 

• Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
  
  

• Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit KRISTINA N. CUMMINGS to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
  
  

• Include details of your claim to the material, or your relationship to the material’s copyright holder.
  
  

• Provide your full name, address, and telephone number should Kristina need to clarify your claim.
  
  

• Provide a working email address where Kristina can contact you to confirm your claim.
  
  

• If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorised by the copyright owner, its agent, or the law.”
  
  

• If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorised to act on behalf of the copyright owner to make this complaint.”
  
  

• Sign the document, physically or electronically.

 

5. Your Use of Our Content is Restricted:

(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of Kristina's Website or any content thereon. You further acknowledge and agree that the formulas, techniques, concepts, ideas, and processes provided on the website, including the videos, audios, images, and writings (collectively referred to as the "Curriculum"), are confidential and proprietary in nature, and all rights thereto are held exclusively by Kristina. You are granted a limited license to access such Curriculum for personal purposes and agree not to reproduce, share, or exploit the Curriculum or content based off of the Curriculum in any manner. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 5(a)), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as Kristina from time to time excerpts materials from other sources in order to support the various commentaries and writings contained herein, she respects the right of others to make "fair use" of the materials contained on Her Website; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of "fair use".

 

(b) Kristina N. Cummings is concerned about the integrity of her Website when it is viewed in a setting created by a third party that includes advertising or other materials that she has not authorised to be displayed with the content of her Website. Neither you nor any third party shall make use of the contents of her Website in any manner that constitutes an infringement of hr rights, including copyright or that has not been authorised by her.

 

6. Kristina N. Cummings is Not Responsible For and Does Not Necessarily Hold the Opinions Expressed by Her Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Kristina N. Cummings. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through her Website and/or Services, Kristina N. Cummings is not undertaking any obligation or liability relating to the content. Kristina N. Cummings does not undertake or assume any duty to monitor her Website for inappropriate or unlawful content. Kristina N. Cummings assumes no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Kristina N. Cummings reserves the right to block or remove communications, postings or materials at any time in her sole discretion.

 

7. Your Use of Kristina N. Cummings' Website is Subject to Certain Disclaimers:

THE WEBSITE AND SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS,” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. KRISTINA N. CUMMINGS DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT SHE MAY NOT DISCLAIM UNDER APPLICABLE LAW.

USE OF WEBSITE IS AT YOUR OWN RISK. KRISTINA N. CUMMINGS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. KRISTINA N. CUMMINGS MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE WEBSITE OR SERVICES OR ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. HER WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY HER OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON HER WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. 

 

KRISTINA N. CUMMINGS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE WEBSITE, AND KRISTINA N. CUMMINGS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. KRISTINA N. CUMMINGS WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.

8. LIMITATION OF LIABILITY

IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL KRISTINA N. CUMMINGS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE WEBSITE, OR SERVICES, EVEN IF KRISTINA N. CUMMINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. KRISTINA N. CUMMINGS WILL NOT BE LIABLE FOR THE COST OF SERVICES, LOSS OF REVENUE OR LOSS OF GOODWILL.

IN ANY EVENT, HER AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES OR IF THE CLAIM DOES NOT RELATE TO A SERVICE, $100.  THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT SHE MAY NOT EXCLUDE UNDER APPLICABLE LAW.

BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.

Data. You are responsible for the creation, storage, and backup of your data and records.  These Terms and any registration for or subsequent use of this Website or the Services will not be construed as creating any responsibility on Kristina N. Cummings’ part to store, backup, retain, or grant access to any information or data for any period.

 

9. INDEMNITY

You agree to defend, indemnify and hold harmless Kristina N. Cummings, its affiliates and its respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any purchase of service or transaction on this Website; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to her use of your User Content or Feedback in the context of the Services; or (e) arising from, related to, or connected with your use or misuse of the Website or Services. She may, in her sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without her express written consent.

 

10. Kristina N. Cummings May be Legally Compelled to Disclose Certain Information: You agree that in the event she receives a subpoena issued by a court or from a law enforcement or government agency, she shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

 

11. You Are Responsible for Your Own Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use her Website and the Services, including all devices, Internet browsers, and Internet access. If you access her Website, a Website application or a Service through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.

 

12. Kristina N. Cummings Does Not Target Children Under Age 13. Due to the nature of the Internet, she cannot prohibit minors from visiting Her Website, including without limitation, her Services. Her Website and her Services are not directed toward children under the age of 13 and she does not knowingly collect information from children under the age of 13 through her Website or the Services. If you believe that a child has provided information to her through her Website or the Services, please contact her by email at hello@kristinancummings.com. She will use her best efforts to remove all of the information provided by the child from her system.

 

13. You Need to Bring any Action Against Her Within One Year. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to her Website, your use of her Website, or your access to and use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

14. You Must Abide by Applicable International Laws. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

 

BY CONTINUING TO USE HER WEBSITE, YOU AGREE TO ABIDE BY THESE TERMS . The caption to each Section of these Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.