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Terms of use

Permission to Use Content

Alexis Enterprises, LLC, a Kansas limited liability company (“we”, “us”) grants you a limited license to access and make personal, noncommercial use of kimalexisnewton.com (the “site”) and not to download (other than page caching) or modify it, in whole or in part, except with express our written consent of or where expressly permitted. You agree not to use or resell the site or any part thereof or the services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages. In order to purchase products or services through the site, you agree that you are 18 years of age or older or have the specific permission of a parent or legal guardian.

Site Services

We may change, suspend, or discontinue any aspect of the products and services at any time, including the availability of any feature or content. We may also impose limits on certain features and services or restrict your access to parts or all of the product and services without notice or liability.

Copyright

All content included on this site, such as text, graphics, logos, icons, photos, products, audio clips, digital downloads, data compilations, and software, is the property of us, or its content suppliers or licensors and is protected by United States and international copyright laws. The compilation of all content on this site is our exclusive property and is protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without our specific written permission.

Member Conduct

To access many features on the site, and to purchase any goods or services, you may be required to create an account with us. Any personal information you provide in connection with your account will be covered by our Privacy Policy which can be found at https://kimalexisnewton.com/privacy-policy/. You are responsible for the accuracy of the information included in your account, including updating your information as necessary, maintaining the confidentiality of your password. All activity conducted in connection with your account will be your responsibility, as you are deemed to be in sole possession and control of the confidential password necessary to access your account. You must immediately notify us at help@kimalexisnewton.com of any unauthorized access or tampering of your account, or suspected breach of security.

You agree that any information you provide to us is truthful and accurate, and complete including the name or identity of the sender of any service or product. You agree to not use the site to upload, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit to the site; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify us for all claims resulting from any content you supply. By submitting content to us through web-based functions or via email, you grant or warrant that the owner of rights in such content has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, provided however, that for content provided to the site solely for the purpose of incorporating such content into a product or service ordered by you, you grant such rights to us for the sole purpose of delivering products and services.

You acknowledge that we are not obligated to prescreen content submitted by users, but that we shall have the right (but not the obligation) in our sole discretion to refuse, move or remove any content that is made available via the site or to refuse to accept content for use in any products or services offered on or through the site by any user that violates these terms of service or is otherwise objectionable in our sole judgment. We may request that a user submit evidence of their ownership of or right to use and reproduce any copyright, trademark or likeness arising from user’s submission of content. If, upon such request, we do not receive information we deem sufficient to evidence such rights, we reserve the right to (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.

You also acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect our rights, property or personal safety or that of the site’s users and the public.

You may not use any automated program or script to automate the process of sending or viewing any of the content on this site.

If, in our sole determination, you violate our Member Conduct policy, we may block you, and those using any email account associated with you from using any or all of the services available on the site. If you are a member of a subscription service, we may terminate or disable your account or subscription without compensation or refund. WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, IP ADDRESSES, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION WE DEEM NECESSARY TO ASSIST THIRD PARTIES, THEIR COUNSEL AND LAW ENFORCEMENT INVESTIGATE VIOLATIONS OF THE MEMBER CONDUCT POLICY. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

Purchase of Products or Services

You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred. We do not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non-subscription basis (individual downloads, shipped products) or promotional offerings are non-refundable.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO OUR OWN NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF WE OR A OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Disclaimer of Warranties

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Product Information Disclaimer

It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on the site may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you. 

Contact Us
If you have questions regarding these Terms and Conditions, please reach out to us emailing to hello@kimalexisnewton.com

Notice

We have the right to revise these Terms of Use at any time by updating this posting. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this site to determine the then-current Terms of use to which you are bound.

Termination

This agreement will terminate immediately without notice from us if in our sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from us and all copies thereof, whether made under the terms of these terms of use.

Disputes and Jurisdiction

In the event you violate these terms of use, in our sole discretion, we may at any time, terminate your account, suspend the delivery of or access to, services, refuse membership and/or terminate your membership or subscription, in addition to all other legal rights and remedies available to it.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to the site or to products you purchase through us shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Kansas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against us.

Miscellaneous

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

We make no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.

Copyright Agent

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us and provide the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please send your copyright information to:

Alexis Enterprises, LLC

3209 W. 139th Street

Leawood, KS 66224

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