Privacy Policy and Terms and Conditions
The Kimberly Wiseman Corporation
Welcome and thank you for visiting The Kimberly Wiseman Corporation (hereafter “TKWC”) website. As used herein, the words “you” and “your” refer to any person or entity accessing the TKWC website. The words “we,” “us,” and “our” refer to TKWC. The following describes how we handle information we may learn about you from your visit to our website, and provides the rules that govern your use of our site.
I. These Terms and Conditions Govern Your Use of Our
Site
A. Use of our site constitutes contractual agreement. AS A CONDITION TO AND
IN CONSIDERATION OF ACCESSING AND USING OUR SITE, YOU AGREE TO BE BOUND BY THESE
TERMS AND CONDITIONS OF USE AND BY OUR PRIVACY POLICY (COLLECTIVELY OUR “TERMS
AND CONDITIONS”). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU SHOULD NOT USE/VISIT OUR SITE.
B. Amendments to these Terms and Conditions. We reserve the right to modify, alter, or otherwise update these Terms and Conditions at any time. Any changes will apply prospectively only, as of the effective date found at the bottom of these Terms and Conditions. It is your responsibility to review these Terms and Conditions before accepting them. We may of course change, move, or delete portions of our site, or add to our site from time to time.
II. How to Contact Us
If you have questions about our Terms and Conditions, your dealings with our
website, or technical problems with the operation of our website, you may contact
us as provided below:
By phone:
480-987-9563
By email:
Online Contact Form
By postal mail:
530 E. Hunt Highway, Suite 103-269
San Tan Valley, Arizona 85143
III. Scope
A. Terms and Conditions apply only to online information. These Terms and Conditions
apply only to information you provide/we collect online during your visit or
use of this website.
B. Privacy Policy applies only to users in the U.S. Our Privacy Policy applies only to users accessing our website in and from the United States. TKWC does not solicit use of our site by visitors outside the United States, does not knowingly collect Personally Identifiable Information from visitors outside the United States, and our site and servers that make this site available are located in the United States. Access to our site from locations in which the jurisdiction does not give full effect to all provisions of our Privacy Policy is prohibited. IF YOU ACCESS OUR SITE FROM OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LAWS APPLICABLE IN YOUR JURISDICTION.
IV. Exceptions to Our Privacy Policy
There are exceptions to our Privacy Policy in that it may be necessary for TKWC
to release or use Personally Identifiable Information we in good faith believe
is appropriate in connection with legal proceedings, or in response to a subpoena,
warrant, court order, levy, attachment, order of a court-appointed receiver,
or other comparable legal process, including subpoenas from private parties
in a civil action.
V. Policies for Children.
A. If you are under the age of 18. Our site is
not directed to children under the age of 18. VISITORS TO OUR WEBSITE UNDER
THE AGE OF 18 ARE PROHIBITED FROM PROVIDING OR DISCLOSING PERSONALLY IDENTIFIABLE
INFORMATION ON OUR SITE. Parents and guardians should supervise children’s access
to the Internet. In the event we discover that a child under the age of 18 has
provided Personally Identifiable Information to us, in accordance with the Children’s
Online Privacy Protection Act of 1998, we will delete the child’s Personally
Identifiable Information from our files to the extent possible.
B. If you are under the age of 18. VISITORS TO OUR WEBSITE UNDER THE AGE OF 18 ARE PROHIBITED FROM ENTERING INTO ANY TRANSACTIONS ON OUR SITE. BY ENTERING INTO A TRANSACTION ON OUR SITE, YOU GUARANTEE AND WARRANT THAT YOU ARE OVER THE AGE OF 18 AND CAPABLE OF ENTERING INTO A CONTRACT.
VI. Types of Information We May Collect and How It is
Treated.
A. Purpose. TKWC is an Arizona corporation established for the purpose of providing
Life Coaching. TKWC may collect, use, and disclose Personally Identifiable Information
on this website. The primary purpose for any such collection, use, and/or disclosure
is to further the purpose of our company.
B. Types of information. Information you may provide/we may collect when you visit our site falls into two broad categories: personally identifiable information, and aggregate information. “Personally Identifiable Information” is information that can be used to identify or contact you, such as your name, email address, or mailing address. “Aggregate Information” is information that does not identify you, and may include, for example, statistical information concerning the Web pages on our site that users most frequent. Our Privacy Policy governs both categories of information. The information we receive depends upon what you do when you visit our site, as detailed below.
C. Personally Identifiable Information. We do not share with unrelated third parties any Personally Identifiable Information you provide to us. By “unrelated third parties” we mean anyone who is not directly involved in the maintenance, hosting, or running of our site, or not involved in fulfilling requests you make at our site. We use Personally Identifiable Information you provide to us when you visit our site only for the purposes for which you have provided it. For example, if you fill out our online form to become a new client, fill out a request for a product or service, sign up online to receive TKWC mailings, or send us an email, you may provide us with Personally Identifiable Information. We will use any such Personally Identifiable Information to respond to and/or fulfill your requests. If, at any time, you decide you no longer wish to have us contact you and/or provide you with the information/goods/services you have requested, simply notify us (see Section II above) to that effect.
D. Aggregate Information. We may collect Aggregate Information about your use of our site through cookies and similar computer/Internet technologies. “Cookies” are small pieces of information that a website transfers to your hard drive, where it is stored by your browser on your computer’s hard drive for record-keeping purposes (such as storing user preferences). If we use cookies or other similar computer/Internet technologies, we use the Aggregate Information collected for system administration, to measure the number of visitors to our site, to improve site performance, to help us make our site more useful, to gather broad Aggregate Information, etc. If we use cookies or other similar computer/Internet technologies, they do not collect or retain Personally Identifiable Information, nor do we link Aggregate Information to Personally Identifiable Information. Additionally, we do not authorize any third parties to use cookies we may create at our site for their own purposes. Please be advised, however, that sites you link to from our site may use cookies or other similar computer/Internet technologies in other ways and for other purposes. You should read and understand the privacy policy of the site(s) you link to in order to determine whether and how a particular site uses such technologies. Please note that most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. You should consult the help section of your Web browser software to learn how to do this. Be advised, however, that disabling cookies may prevent you from viewing or using certain Web pages.
VII. Security of Personally Identifiable Information
A. Access and security. We have in place security control systems designed to
help prevent loss or theft and unauthorized disclosure of your Personally Identifiable
Information. DUE TO THE NATURE OF THE INTERNET AND DEVELOPING TECHNOLOGIES,
HOWEVER, TKWC CANNOT GUARANTEE OR WARRANT THE SECURITY OF YOUR INFORMATION AND
TKWC EXPRESSLY DISCLAIMS ANY SUCH OBLIGATIONS.
B. Do not use or access this website via a wireless network. Do not provide Personally Identifiable Information to us using a wireless network, computer, or other device. Even if your machine is running wireless encryption protocols, there is a high security risk inherent in wireless networks. It is impossible for us to make any assurances as to the security of any such transmissions.
C. Email. If you communicate with us via email, we will share your correspondence with employees, volunteers, representatives, or agents most capable of addressing your correspondence. We will retain your communication until we have done our very best to provide you with a complete and satisfactory response and may subsequently retain your communication for our records. Please be advised that email does not provide a means for completely secure and private communications. Although reasonable efforts will be made to keep your information confidential, from a technical standpoint, there is still a risk and it is impossible for us to guarantee the security of such transmissions.
D. Password protected areas. TKWC does not warrant or
represent that the information you submit to password protected areas of our
website will be protected against loss, misuse, or alteration by third parties.
You are solely responsible for taking all steps to ensure that no other person
has access to password protected areas of our site accessed through your password
or account. It is your sole responsibility to (1) control the dissemination
and use of your password; (2) authorize, monitor, and control access to and
use of your password and password protected areas of our site accessed through
your password or account; and (3) promptly inform TKWC of any need to deactivate
a password. You permit TKWC and all other persons or entities involved in the
operation of our site to transmit, monitor, retrieve, store, and use your Personally
Identifiable Information in connection with the operation of password protected
areas of our site.
E. Assignment or Transfer of Personally Identifiable
Information. TKWC may assign its rights and duties under these Terms and Conditions
to any party at any time without notice to you. In the event TKWC elects to
make any such assignment, you agree that TKWC may do so on the condition that
any such third party agrees to abide by TKWC’s Privacy Policy as it applies
to any Personally Identifiable Information the third party may receive in the
course of such assignment or transfer. TKWC, HOWEVER, CANNOT GUARANTEE OR WARRANT
THAT SUCH THIRD PARTY WILL IN FACT ABIDE BY TKWC’S PRIVACY POLICY, AND TKWC
EXPRESSLY DISCLAIMS ANY SUCH OBLIGATIONS.
VIII. Accessing Your Personally Identifiable Information
If at any time you would like us to update or correct Personally Identifiable
Information you have provided on this site, please contact us (see Section II
above) and we will update or correct your Personally Identifiable Information
to the extent your request does not compromise our Privacy Policy or interfere
with the privacy rights of third parties. Additionally, if you request, we will
use reasonable efforts to remove your Personally Identifiable Information from
any databases we may maintain. Please understand, however, that it may be impossible
to remove information completely, due to backups and records of deletions. We
reserve the right to limit the number of requests made under this Section and
to charge a reasonable fee and/or refuse requests if the process is abused or
misused.
IX. Complaints
If you believe TKWC is not observing the principles stated in this Privacy Policy,
you should contact us (see Section II above).
X. Electronic Transactions
You acknowledge and agree that any transactions conducted on this website through
utilization of electronic transactions and/or verified by the use of electronic
signatures are binding pursuant to applicable law. You understand that your
electronic consent bears the same legal authority as your written signature
and is binding pursuant to applicable law. You may obtain a paper copy of any
electronic transaction by printing the Internet screen(s) on which such information
is present. TKWC may use a third party for processing of payments for goods/services
you purchase on our site. If we do so, the name of the third-party payment processor
will appear on the Web page on which you are purchasing goods/services. You
acknowledge and agree that TKWC has no control over and does not employ or manage
any such third-party payment processor, and that said third party’s collection,
use, and disclosure of your Personally Identifiable Information will be governed
not by our Privacy Policy but by the third-party payment processor’s privacy
policy. You acknowledge and agree that TKWC has no control over any such third
party’s privacy policy and you should review said privacy policy before determining
whether you wish to purchase goods/services on our site.
XI. Links to Other Websites
Our site may contain links to other sites (“Third Party Sites”). We do not necessarily
endorse, sanction, or verify any of these Third Party Sites or anything posted
on these sites, and we provide such links merely for the convenience of our
users. Once you access a Third Party Site, you are subject to the privacy policy
and terms and conditions of use of the Third Party Site. We have no control
and bear no responsibility for any action or policy associated with any Third
Party Site.
XII. Ownership of Site Contents; Downloading
A. Ownership of site contents. Unless otherwise noted, all text, images, illustrations,
designs, icons, photographs, video clips, and other materials that make up our
site (collectively the “Materials”) are copyrighted works, trademarks, trade
dress, or other intellectual properties owned, controlled, or licensed by TKWC
or used under principles of “fair use.”
B. No guarantee files available for downloading are safe. We use reasonable
efforts to place safe files on our site available for downloading. DUE TO THE
NATURE OF THE INTERNET AND DEVELOPING TECHNOLOGIES, HOWEVER, TKWC CANNOT AND
DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM
OUR SITE ARE FREE FROM INFECTIONS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODES
THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, AND TKWC EXPRESSLY DISCLAIMS
ANY LIABILITY OR OBLIGATIONS ASSOCIATED WITH YOUR CHOICE TO DOWNLOAD A FILE
FROM OUR SITE. MOREOVER, TKWC IS NOT RESPONSIBLE IN ANY WAY FOR ANY FILES YOU
POST/UPLOAD TO OUR SITE.
XIII. User Comments
All comments, feedback, postcards, suggestions, ideas, and other submissions
disclosed, submitted, or offered to TKWC through our site or otherwise disclosed,
submitted, or offered in connection with your use of our site (collectively
“User Comments”) shall be and remain the property of TKWC. You agree that TKWC
shall be free to use, without restriction and without compensation to you, any
ideas, concepts, know-how, suggestions, or techniques contained in any User
Comments you send to us for any purpose whatsoever. TKWC has no obligation to
respond to any User Comments, and we reserve the right, but undertake no duty,
to review, edit, move, or delete any User Comments posted by users on our site,
in our sole discretion and without notice.
XIV. Content of User-Posted Information; Other Use of
Our Site
You are prohibited from posting or transmitting any advertising “spam,” unlawful
material, or other material we deem otherwise inappropriate for our site. TKWC
DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY ARISING FROM, CONNECTED TO,
OR ASSOCIATED WITH THE CONTENT OF ANY USER POSTINGS. You agree to refrain from
undertaking any activity that imposes an unreasonable or disproportionate burden
on our site. TKWC reserves the sole discretion to deny, revoke, or otherwise
restrict the access privileges of any user who at any time fails to comply with
these Terms and Conditions.
XV. Complaints Regarding Perceived Infringement
TKWC respects intellectual property rights, and will deny access to our site
to anyone who, in our discretion, repeatedly infringes the intellectual property
rights of others. In addition, we will use reasonable efforts, in light of our
resources, to accommodate generally accepted technical measures used by copyright
owners to identify and protect their copyrighted works. If you believe materials
posted on our site infringe rights you enjoy under copyright law in specific
materials (collectively a “Work”), we request that you direct your concerns
to our “Designated Agent” provided below, pursuant to the Digital Millennium
Copyright Act (17 U.S.C. §512) (hereafter the “DMCA”). Your notice to our Designated
Agent should follow the notice provisions set out in the DMCA. Additional information
about the DMCA can be obtained from the website of the Copyright Office located
at http://www.loc.gov. Upon receiving your notice, we agree to respond to it
and, if appropriate, remove or disable access to material you believe infringes
your Work.
Designated Agent:
Sheila M. Heidmiller, Esq.
Macheledt Bales & Heidmiller LLP
Chinese Cultural Center
668 N. 44th St., Suite 300
Phoenix, AZ 85008
Phone: (602) 685-1112
Fax: (602) 685-1113
XVI. Disclaimer and Limitation of Liability
A. Disclaimer. While we use reasonable efforts to include accurate and up-to-date
information on our site, we make no warranties or representations as to its
accuracy. TKWC assumes no liability or responsibility for any errors or omissions
in the content on our site. OUR SITE AND ALL CONTENTS OF OUR SITE ARE PROVIDED
ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF OUR SITE
IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED
WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION
WITH YOUR USE OF OUR SITE, AND THAT TKWC SHALL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND RELATED TO YOUR USE OF OUR SITE. Please note that some jurisdictions
may not allow the exclusion of implied warranties, so some of the above exclusions
may not apply to you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties.
B. Life Coaching. Through positive guidance, TKWC promises to use all reasonable steps to ensure that you find peace and courage to face life’s challenges. However, if you are requesting information relating to:
Legal matters: We recommend that you seek advice from a solicitor/ lawyer
Medical questions: you must seek medical advice from a professional
Business questions: you must seek further advice from a financial adviser
Mental disorders: you must clarify their condition by taking Professional advice from a health professional TKWC shall not be held liable for any stress or loss of income caused by any persons or event incurred in the process of providing guidance and coaching to the clients.
B (continued) The information contained within TKWC web site is not a substitute for professional advice such as a medical Doctor, Psychiatrist, or counselor. The information provided by TKWC does not constitute legal or professional advice neither is it intended to be.
Any decisions you make, and the consequences thereof are your own. Under no circumstances can you hold TKWC liable for any actions that you take. You agree not to hold TKWC, or any employees of TKWC, liable for any loss or cost incurred by you, or any person related or associated with you, as a result of materials or techniques, or coaching, offered by TKWC.
This information is intended to be general information with respect to common Life issues. Information is offered in good faith - you do not have to use this information.
You shall indemnify TKWC and their associates, in the event of any such claim, including but not limited to any claims made against the founder of TKWC, by any person related or associated with you. Nothing in the content materials shall be considered legal, financial, or actuarial advise.
C. Limitation of Liability. NEITHER TKWC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DEVELOPING, OR HOSTING OUR SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF OUR SITE.
XVII. Indemnification
You agree to defend, indemnify and hold TKWC harmless from and against any and
all claims, damages, costs, and expenses, including attorney’s fees, arising
from or in any way related to your failure to comply with these Terms and Conditions
or your use of our site.
XVIII. Choice of Law and Jurisdiction
Unless otherwise specified, our site and the Contents thereof are displayed
solely for the purpose of promoting the mission of TKWC. These Terms and Conditions
shall be construed in accordance with the laws of the State of Arizona, without
regard to any conflict of law provisions. Any dispute arising under these Terms
and Conditions shall be resolved exclusively by the state or federal courts
sitting in Arizona.
XIX. Headings
The headings in these Terms and Conditions are included solely for convenience
and will not limit or otherwise affect these Terms and Conditions or any interpretation
thereof.
XX. Severability
If for any reason a court of competent jurisdiction finds any provision of these
Terms and Conditions, or any portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to affect the intent
of these Terms & Conditions, and the remainder of these Terms and Conditions
shall continue in full force and effect.
XXI. Non-Transferability
Your right to use our site and your duties and obligations under these Terms
and Conditions are NOT transferable.
© 2008-2009 The Kimberly Wiseman Corporation. All rights reserved.
Effective Updated Date: May 9th, 2008
You Accept by requesting and/or using our service
2008-2009 © The Kimberly Wiseman Corporation. All rights reserved.