Last updated on May 19, 2022
This Website Usage Agreement ("Agreement") is between a User ("you," "your") and the owners of Kristen Nicoletti Agency ("we," "our," "the company"). Your participation in the use of this website is conditional on your acceptance of the terms and conditions contained in this Agreement. You are deemed to have accepted this Agreement by using the website.
All website users must be at least 13 years old or of necessary age in their country of residence.
If you have questions about this site, contact Kristen@kristennicoletti.com.
You agree to comply with all US Federal CAN-SPAM Acts. We have a zero tolerance policy towards SPAM or any user associated with SPAM. If, at our absolute discretion, we establish that you are involved with SPAM in any way including creating, sending, or otherwise distributing SPAM we may immediately terminate your ability to use the website.
At times, personal information, such as your name and email address are collected in exchange for our content. We will never force you to give us this information; such activity is strictly voluntary.
This website tracks visitors for the purpose of analyzing user data and metrics. This is done through cookies and pixels, as well as other, more modern means.
Cookies, Log Files and Web Beacons
Like many other Web sites, we makes use of log files. These files merely logs visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’s analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.
Third-Party Privacy Policies
The owner of this website is Kristen Nicoletti Agency. Our email address is Kristen@kristennicoletti.com.
You agree to receive email or other electronic communications from us including but not limited to newsletters, site updates, promotion resources, and other announcements and correspondence if you opted in to such email. You agree that all electronically-sent agreements, notices, disclosures and other communications that we provide satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications. We accept no responsibility for the accurate receipt of any such emails and you are responsible for ensuring that your email address is not blocked or impaired in any way, including by ensuring 'white-listing' of our email address.
If you unsubscribe from receiving our emails, you acknowledge and understand that you may no longer receive information or updates from Kristen Nicoletti Agency.
Intellectual property (IP) Ownership
We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights that may subsist in our websites including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to Kristen Nicoletti Agency, or any of our other properties or to our licensors ("IP"). You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our Intellectual Property except as expressly provided in this Agreement or with prior written consent from us.
GUARANTEES, LIABILITY AND DISCLAIMERS
While we endeavor to ensure that our website content is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the material appearing on Kristen Nicoletti Agency or any of our other website properties beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our websites and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether express, implied, statutory, or otherwise) including but not limited to warranties of non-infringement, merchantability, or fitness for a particular purpose.
We reserve the right to link to products or services for which Kristen Nicoletti Agency earns a commission. A commission, affiliate fee and referral fee are all the same thing for this purpose. We will use reasonable efforts to conspicuously disclose affiliate links in articles, resources and similar communications.
Limitation of liability
To the extent legally permitted, in no event shall Kristen Nicoletti Agency, or any of our other properties or our affiliates, distributors, licensors, agents, or any of our or their directors, employees, or agents be liable as a result of your use of our websites or use of this website for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including without limitation loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data howsoever arising including without limitation through an action in contract, tort (including negligence) or otherwise, even if we or our affiliates, distributors, licensors, or agents, or any of our or their directors, employees, or agents have been advised of the possibility of such damages.
Your use of our website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our websites or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should our websites or the services supplied through our websites become unavailable, interrupted or delayed for any reason.
Although we endeavor to prevent the introduction of viruses or other malicious code (together, "malicious code") to our websites, we do not guarantee or warrant that our websites, or any data available therein, do not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our websites does not expose your computer system to the risk of interference or damage from malicious code.
Although we endeavor to protect the security of your contact information, you acknowledge the risk of unauthorized access to (or alteration of) your transmissions or data or of the information contained on your computer system or on our websites. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of our websites or any outbound hyperlinks.
Your use of our websites and content is voluntary. You shall indemnify us and our affiliates, distributors, licensors, and agents and all of our and their directors, employees, and agents against, holding all harmless from any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from your use of our websites and content or your failure to maintain the confidentiality or security of your password or access rights.
Any waiver by us of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.
We reserve the right to amend this Usage Agreement and Disclaimer as needed from time to time. We will endeavor to inform you of any changes made to this Agreement via email.
If you provide us any feedback about our websites or any services, you grant us the right to use that feedback for the purpose of improving our websites (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgement of their source.
Severability, Headings & Merger
Headings are inserted for convenience and shall not affect the construction of this Agreement. The singular includes the plural and vice versa. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in this Agreement will remain in full force and effect. This Agreement supersedes any existing communications or Agreements, and is the full extent of the agreement between the parties.
We do not necessarily endorse or recommend any of the goods or services advertised on or through our websites. We do not necessarily endorse or recommend any affiliates using our services.
Our websites provide links and pointers to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
This Agreement is governed by the laws of the state of Delaware, the United States of America (USA) and the courts of Delaware USA shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this Agreement.
All rights reserved
All rights not expressly granted in this Agreement are reserved by us.
If you do not see a usage scenario here that applies to your intended usage, or for any questions about our branding guidelines, contact us at Kristen@kristennicoletti.com.