Privacy Policy

1. Acknowledgement. Please read this Privacy Policy (hereinafter “Privacy Policy”) carefully upon accessing www.Kristiwinfree.com (hereinafter the, this, or Our “Website”) and prior to registering, purchasing, or downloading any product or material from Kristi Winfree (hereinafter “Kristi”, “We”, “Our”, or “Us”) and/or Our Website. You, as a user and/or visitor of this website, agree to this Privacy Policy, and your access and use of the Website, products, or materials constitutes a voluntary acceptance to be bound by these terms herein, whether you have read them or have had the opportunity to read them and have chosen not to. If you do not agree with this Privacy Policy, do not use or further access this Website.

2. Updating. This Privacy Policy may be updated from time to time in Our sole discretion. All changes and/or updates are effective immediately. Your continued use of this Website after We make changes is deemed to be acceptance of those changes. It is Our policy to notify You that this Privacy Policy has been updated by indicating the date of the last update on this webpage. As such, the date this Privacy Policy was last revised is identified at the top of the page. You are responsible for periodically visiting this Privacy Policy to check for any changes. Please note, We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material.

3. Privacy Policy. This Section 3 describes the types of information We may collect from you or that you may provide when you visit Our Website and Our general practices for collecting, using, maintaining, protecting, and disclosing that information. This Privacy Policy applies to information We collect on or via this Website, as well as via email, text, and other electronic messages between you and this Website.

a. Privacy Policy Exclusions. Please note, this Privacy Policy does not apply to information collected by Us offline or through any other means, including on any other website operated by Us or any third-party (including Our affiliates and subsidiaries) or any third-party (including Our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

b. Third-Party Form Services. This Privacy Policy does cover information collected by Us via third-party licensed and/or approved form services, whereby We retain responsibility for the information, data, and/or content We receive or collect from the information You provide via those third-party licensed and/or approved form services.

c. Types of Information Collected. We collect several types of information from and about users of Our Website, including information by which you may be personally identified, such as name, postal address, e-mail address, telephone number (”personal information”) and/or potentially about your internet connection, the equipment you use to access Our Website, and usage details. Do not submit any confidential, proprietary, or personal information to Us that you do not want to be utilized per this Privacy Policy, Our services, or any other of our policies.

d. Methods of Information Collection. We collect information either directly from you when you provide it to Us and/or automatically through your access of Our Website. Information collected automatically may include usage details, IP addresses, information collected through cookies, and other tracking technologies.

e. Additional Disclaimers on Information Collection. The information We collect on or through Our Website may include:

i. Information that you provide by filling in forms on Our Website, either by purchasing materials and/or products or requesting to be contacted.

ii. We may also ask you for information when you report a problem with Our Website.

iii. Records and copies of your correspondence (including email addresses), if you contact Us.

iv. Details of transactions you carry out through Our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through Our Website.

v. As you utilize, access, and/or interact with Our Website, we and/or Our Website service provider may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including details of your visits to Our Website, including and other communication data and the resources that you access and use on the Website, as well as information about your computer and internet connection, including your IP address, operating system, and browser type.

vi. The information We collect automatically may include personal information or We may maintain it or associate it with personal information We collect in other ways or receive from third-parties. It helps Us to improve Our Website and to deliver a better and more personalized service, including by enabling Us to estimate usage size and patterns, store preferences, speed up searches, and/or recognize you when you return to Our Website.

vii.The technologies We use for this automatic data collection may include:

1. Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of Our Website. Unless you have adjusted your browser setting so that it will refuse cookies, Our system will issue cookies when you direct your browser to Our Website.

2. Flash Cookies. Certain features of Our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on Our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

3. Web Beacons. Pages of Our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Us, for example, to count users who have visited those pages or and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

viii.Some content or applications on Our Website are served by third-parties, including content providers and/or application providers. These third-parties may use tracking technologies to collect information about you when you use Our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third-parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

f. Use of Information. We use information that We collect about you or that you provide to Us, including any personal information:

i. To present Our Website and its contents to you.

ii. To provide you with information, products, materials, or services that you request from Us.

iii. To fulfill any other purpose for which you provide it.

iv. To provide you with notices.

v. To carry out Our obligations and enforce Our rights arising from any contracts entered into between you and Us, including for billing and collection.

vi. To notify you about changes to Our Website or potentially any materials, products, or services We offer or provide though it.

vii.In any other way We may describe when you provide the information.

viii.For any other purpose with your consent.

g. Disclosure of Your Information. We may disclose aggregated information about Our users without restriction. We may disclose personal information that We collect or you provide as described in this Privacy Policy:

i. To Our subsidiaries and affiliates.

ii. To contractors, service providers, and other third-parties We use to support Our business.

iii. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Us about Our Website users is among the assets transferred.

iv. To fulfill the purpose for which you provide it.

v. For any other purpose disclosed by Us when you provide the information.

vi. With your consent. vii.We may also disclose your personal information:

1. To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

2. To enforce or apply Our terms of Our purchase agreements and other agreements, including for billing and collection purposes.

3. If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Us, Our customers, or others.

h. Usage Protections. We strive to provide you with choices regarding the personal information you provide to Us. We have created mechanisms to provide you with the following control over your information:

i. Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly.

ii. Promotional Offers. If We have sent you a promotional email, you may send Us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to Us as a result of a request for services, materials, products, or other transactions.

iii. Additional Third-Party Notice. We do not control third-parties’ collection or use of your information to serve interest-based advertising. However, these third-parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website. Please note, California residents may have additional personal information rights and choices.

4. Limitation of Liability. You hereby agree that Our owners, principals, employees, affiliates, representatives, agents, successors and assigns shall not be liable for any of Our acts or omissions. WE SHALL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE, OR ANY OTHER SIMILAR TYPES OF DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACTS OR TORT OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES PROVIDED.

5. Additional Disclaimers and Further Limitations of Liability. You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or Our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

6. Choice of Law and Venue. In any proceeding relating to use and/or access of this website, arising out of or related to this Privacy Policy, or regarding the underlying relationship between you and Us, you agree that Texas law shall govern; that exclusive venue and jurisdiction shall be in Montgomery, County, Texas; that the prevailing party in any litigation or arbitration proceeding shall be entitled to an award of its attorneys’ fees and costs.

7. Miscellaneous. You may not unilaterally amend, modify, or waive any agreement between you and Us. We may amend and/or modify our policies, including this Privacy Policy, from time to time, in doing so We will post an updated date above. A waiver by Us of any provision is valid only for the instance given and not a continuing waiver or construed as a waiver of any other provision. All notice required to be sent by Us can be sent to the email address maintained in our files for you. If any provision of any of our policies or agreements is determined to be invalid, illegal, or unenforceable by any court of competent jurisdiction, then such provision, as to such jurisdiction, shall be deemed to be ineffective and any such invalidity, illegality, or unenforceability shall not, of itself, affect the validity, legality. or enforceability of such provision in any other jurisdiction or the remaining provisions. Headings in this Privacy Policy are solely for descriptive purposes.

8. Final Affirmations. By using Our Website and its content or purchasing from Our Website or requesting materials via email, you agree to the limitations of liability in this Privacy Policy and release us from any and all claims. You acknowledge reviewing and understanding these Privacy Policy upon accessing the Website and/or prior to purchasing our materials.

9. Contact Information. To ask questions or comment about this Privacy Policy contact Us at: [email protected]