Terms & Conditions and
Additional Policies
1. Acknowledgment. Please read these Terms & Conditions and Additional Policies (hereinafter “Policy Terms”) 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 Winfree”, “We”, “Our”, or “Us”) and/or Our Website. You, as a user and/or visitor of this website, agree to these Policy Terms, 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 these Policy Terms, do not use or further access this Website.
2. Updating. These Policy Terms 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 these Policy Terms have been updated by indicating the date of the last update on this webpage. As such, the date these Policy Terms was last revised is identified at the top of the page. You are responsible for periodically visiting these Policy Terms 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 Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material.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. No Refund Policy. Please be aware, as We provide you with access to materials upon payment, we cannot offer refunds after payment is made. Additionally, even if you fail to utilize the material, all payments remain due. You should review all Our online material, including these Policy Terms, prior to making any payment to Us. By making payment, you are agreeing to the conditions of this Section
4. Earnings Disclaimer. We cannot guarantee future earning potential via use of the products and/or materials offered by Us or Our Website. That said, Our materials are produced, delivered, and formulated in manner to educate you. You understand and agree that We and Our products and/or materials are intended to provide information and education to assist you in transaction coordinating, real estate operations, and/or general education, but your learning experience and ultimate success depends on your involvement, capacity, and dedication. WE EXPRESSLY EXCLUDE ANY LIABILITY TO THE FULLEST EXTENT OF THE LAW.
5. Acceptance. We generally offer material and products aimed at individuals starting or in need of professional development in the transaction coordinating business, real estate business, and/or for general education purposes and thereby do not maintain a formal process for verifying the applicability of the materials to your needs. Subject to the terms of Our policies and rules, including this Policy Terms, anyone can purchase Our products and materials at any time without pre-requisites. We do not evaluate whether your personal, professional, or educational history is a good fit for Our materials and products.
6. Non-Discrimination. No individual shall be excluded from participation in our programs or be subject to any form of discrimination because of race, color, sex, national origin, religion, age, or disability.
7. Payments. Improper chargebacks or failure to make any payment due to us may result in your account being subject to collections. You acknowledge that your failure to fully pay amounts that you owe Us on demand will be a breach of your obligations to Us. You are liable for any of our costs and expenses associated with collection in addition to any amounts owed, including attorneys’ fees and other legal expenses, collection agency fees, and any applicable interest. In addition, should payment fail to be made within thirty (30) days of the due date, in addition to all other amounts due hereunder, interest on the unpaid balance will accrue at a rate of 0.5% per month.
8. Our Intellectual Property. Our Website 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 Us, Our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Policy Terms permit you to use the Website 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 Website, except as follows:
a. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
b. You may store files that are automatically cached by your web browser for display enhancement purposes.
c. You may print or download one copy of material you purchased on Our Website for personal, non-commercial, use and not for further reproduction, publication, or distribution.
d. You must not:
i. Modify copies of any materials from this Website, without Our express written approval.
ii. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
iii. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
e. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these terms, your right to use the Website will stop immediately and you must, at Our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by Us. Except upon purchase of a specific material and/or product from Our Website, we grant a limited license to you, and solely to you, to use said specific material and/or product for your own personal, non-commercial, use. Any use of the Website not expressly permitted by these Policy Terms is a breach of these Policy Terms and may violate copyright, trademark, and other laws.
f. You agree to immediately notify Us of any unauthorized use of the products and/or materials purchased through Us, as assist Us is protecting Our intellectual property and proprietary rights if said unauthorized use stemmed from your use or access to Our intellectual property and proprietary information.
9. Materials and Access. The materials contained on Our website including, but not limited to, forms, outlines, videos, conferences, textbooks, photos, graphics, designs, and other files, are either Our proprietary property or the property of another third-party. You may not share your login credentials for any of Our programs with any third-party for any reason. Subject to and in conjunction with Section 8, you agree that you will not use the contents of and materials in any programs, products, and/or materials you purchase from Us for any other purposes than your own professional development. Any other use of the materials, including for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than for the reasons stated herein are strictly prohibited. Please note, certain materials purchased and/or accessed from Our Website come in template form, including, but not limited to, Our Airtable Template (collectively with other templates “Our Templates”), your purchase of Our Templates solely include Our Templates, and do not include any technical support regarding Our Templates, or the usage and application of the same.
10. Indemnification. You shall defend, indemnify, and hold us harmless and our employees, affiliates, agents, representatives, successors and assigns from and against any and all liabilities and expense whatsoever including without limitation, claims, damages, losses, judgments, awards, settlements, investigations, costs, attorneys’ fees, disbursements and any other liabilities which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the programs, provided material, and other goods and services in connection herewith. Additionally, you agree to defend, indemnify, and hold harmless Us, Our affiliates, licensors, and service providers, and Our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Policy Terms or your use of the Website, including, but not limited to, tour submissions, any use of the Website’s content, services, materials, and products other than as expressly authorized in these Policy Terms, or your use of any information obtained from the Website.
11. 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.
12. 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.
13. Further Disclaimer of Warranties. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. No Formal Endorsements. Any reference to any other third-party products, services, or information on our website, in our communications, or in our materials or products is not an endorsement of said third-party. You acknowledge that We shall have not be liable, and you indemnify Us, for any activity you engage with any said third-party.
15. Privacy Policy. Our privacy policies which governs access, use, disclosure of privacy terms can be found at www.kristiwinfree. com(“Privacy Policy”). Our Privacy Policy is incorporated into these Policy Terms.
16. Termination. You acknowledge and agree to comply with our policies and general rules, including, but not limited to, these Policy Terms. Failure to comply may result in the termination of your access. At no point will termination under this Section 16 result in a refund of any monies paid by you to us.
17. Choice of Law and Venue. In any proceeding relating to use and/or access of this website, arising out of or related to these Policy Terms, 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.
18. Miscellaneous. You may not unilaterally amend, modify, or waive any agreement between you and Us. We may amend and/or modify our policies, including these Policy Terms, 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 these Policy Terms are solely for descriptive purposes.
19. 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 these Policy Terms and release us from any and all claims. You acknowledge reviewing and understanding these Policy Terms prior to purchasing our materials.
20. Contact Information. To ask questions or comment about these Policy Terms contact Us at: [email protected]
