Terms & Conditions
Please read these Terms and Conditions carefully before using this Website.
Terms and Conditions
The Website and its Content is operated by MKP Coaching, LLC (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of our Website.
Please read these Terms and Conditions (“T&C”) carefully. We reserve the right to change these Terms and Conditions on the Website at any time without notice, so please regularly check for updates. By using the Website and its Content you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use our Website or its Content.
Website Use and Consent
The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (“Content”) is our property and is protected by United States intellectual property laws.
By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these T&C. Any registration by, use of or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these T&C.
Intellectual Property Rights
Our Limited License to You. This Website and its Content is property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
If you view or access our Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort and expense, and that this Website and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. You may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.
When you access our Website or any of its Content, you agree that:
- You will not copy, duplicate or misappropriate our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
- You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.
- You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content – it is still our property.
- You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered misappropriating our work.
- We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any way which may provide economic benefit to you, unless we give you written permission that you may do so.
The trademarks and logos displayed on our Website or its Content are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Your License to Us. By posting or submitting any material on or through our Website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials or you have obtained all rights required for the applicable use of such materials. You also represent that you are at least 18 years old.
You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.
Request for Permission to Use Content
Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to email@example.com.
You may not use any Content in any way that is contrary to these T&C unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the manner for which we have given you our written permission. If you choose to use the Content in a manner for which we have not given you written permission, upon our request, you will immediately stop using such Content, and shall take all actions as we may request, pursuant to the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content. You shall be fully liable for any such unauthorized use of this Website and/or Content.
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.
Our Website and its Content are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.
Medical Disclaimer. This Website and its Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website or Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Content, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not providing medical, psychological, or religious advice whatsoever.
Legal and Financial Disclaimer. This Website and its Content are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Website and its Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website or its Content. You are solely responsible for your results.
Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Website or its Content. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Website or its Content and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of our Website or its Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR WEBSITE OR ITS CONTENT. YOU AGREE THAT OUR WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS 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, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR WEBSITE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Technology Disclaimer. We try to ensure that the availability and delivery of our Website and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Website or its Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website or its Content inaccessible to you.
Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
Affiliates. From time to time, we may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with the Company’s services. You should be aware that there may be instances when we promote, market, share or sell programs, products or services for other partners and in exchange they may receive financial compensation or other rewards. Please note that we are highly selective and endeavor only to promote partners whose programs, products and/or services we consider of high quality. Any such promotion or marketing does not serve as any form of endorsement by the Company nor any person employed or in any way associated with the Company. You are required to use your own judgment to determine if any such program, product or service is appropriate for you. You are assuming all risks, and you agree that neither the Company nor any person employed or in any way associated with the Company is in any way responsible or liable for any program, product or service that may be promoted, marketed, shared or sold on or through this Website.
Links to Other Websites. We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
Testimonials. This Website presents real world experiences, testimonials, and insights about other people’s experiences and all are for purposes of illustration only. The testimonials, examples, and photos used are provided by actual clients and are based on results they claim to have personally achieved. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials are for illustrative purposes only.
Limitations on Linking and Framing. You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
Indemnification, Limitation of Liability and Release of Claims
Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to any unauthorized use of our Website or its Content by you, or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with us.
Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility.
You are agreeing that you will not use our Website or its Content in any way that causes or is likely to cause the Website, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
You must use the Website and its Content for lawful purposes only. You agree that you will not use the Website or its Content in any of the following ways:
- For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
- To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
- To cause annoyance, inconvenience or needless anxiety
- To impersonate any third party or otherwise mislead as to the origin of your contributions
- To reproduce, duplicate, copy or resell any part of our Website or its Content in a way that is not in compliance with these T&C or any other agreement with us.
We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.
If you have any questions about these T&C, please contact us at firstname.lastname@example.org.
This Website is operated by MKP Coaching, LLC (“Company”, “we”, “us”, “our”). The term “you” refers to the user or viewer of our Website.
Collection, Use and Retention of Personally Identifiable Information
In using our Website and its Content, we may seek personal information that can be used to identify an individual, and may include, without limitation, your name, e-mail address, street address, city, state, billing information, or other personally identifying information (“Personally Identifiable Information”). Any comments, photos, images, videos or other submissions you provide to us when visiting or interacting with our Website and its Content may also contain Personally Identifiable Information. We will always tell you before we collect any Personally Identifiable Information and will only use your Personally Identifiable Information in the way specified when it was collected. Subsequently, we will not change the way your Personally Identifiable Information is used without your consent.
We will not retain your Personally Identifiable Information longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.
Information We May Collect
We collect personal information from you so that we can provide you with a positive experience when utilizing our Website or content. We will only collect the minimum amount of information necessary for us to fulfill our obligation to you. We may collect:
- A name and an email address so we can deliver our newsletter to you – you would be affirmatively consenting to this by providing this information to us in our contact forms.
- Billing information including name, address and credit card information so that we can process payment to deliver our products or services to you under our contractual obligation.
- A name and an email address if you complete our contact form with a question. We may send you marketing emails with either your consent or if we believe we have a legitimate interest to contact you based on your contact or question.
Please note that the information above (“Personally Identifiable Information”) that you are giving to us is voluntarily, and by providing this information to us you are giving consent for us to use, collect and process this Personally Identifiable Information You are welcome to opt-out or request for us to delete your Personally Identifiable Information at any point by contacting us at email@example.com.
If you choose not to provide us with certain Personally Identifiable Information, you may not be able to participate in certain aspects of our Website or Content.
Collection and Use of Non-Personal Information
When visiting or interacting with our Website you may also provide information which is not Personally Identifiable Information (“Non-Personal Information”). We do not have the same obligation to protect Non-Personal Information you provide, as we do with respect to your Personally Identifiable Information and by providing Non-Personal Information to us, you grant us permission to use and store such information as we shall reasonably determine.
Anonymous Data Collection and Use
To maintain our Website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences. Your IP address is the number assigned to computers connected to the Internet. This is essentially “traffic data” which cannot personally identify you, but is helpful to us for marketing purposes and for improving our services. Traffic data collection does not follow a user’s activities on any other Websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.
What We Do with Information We Collect
- Contact You
We may contact you with information that you provide to us based on these lawful grounds for processing:
- We may contact you if you give us your clear, unambiguous, affirmative consent to contact you.
- We will contact you under our contractual obligation to deliver goods or services you purchase from us.
- Legitimate Interest. We may contact you if we feel you have a legitimate interest in hearing from us. For example, if you sign up for a webinar, we may send you marketing emails based on the content of that webinar. You will always have the option to opt out of any of our emails.
- Process Payments
We will use the Personally Identifiable Information you give to us in order to process your payment for the purchase of goods or services under a contract. We only use third party payment processors that take the utmost care in securing data and comply with the GDPR (General Data Protection Regulation of the EU, or “GDPR”).
- Targeted Social Media Advertisements
We may use the data you provide to us to run social media advertisements and / or create look-alike audiences for advertisements.
- Share with Third Parties
We may share your information with trusted third parties such as our newsletter provider in order to contact you via email, or our merchant accounts to process payments, and Google / social media accounts in order to run advertisements and our affiliates.
Protection of Personally Identifiable Information
We utilize industry-standard security technologies and procedures to protect your Personally Identifiable Information from unauthorized access, use or disclosure. We authorize access to Personally Identifiable Information only to those employees who have a legitimate need to know such Personally Identifiable Information for use in the manner specified, and as shall be required to fulfill their job responsibilities. While we strive to protect your Personally Identifiable Information, we recommend you take every precaution in protecting your Personally Identifiable Information when you use our Website.
Sharing your Personally Identifiable Information
Submission, Storage, Sharing and Transferring of Personally Identifiable Information
Personally Identifiable Information that you provide to us is stored internally or through a data management system. Your Personally Identifiable Information will only be accessed by those who help to obtain, manage or store that information, or who have a legitimate need to know such Personally Identifiable Information (i.e., our hosting provider, newsletter provider, payment processors or team members).
We retain your Personally Identifiable Information for the minimum amount of time necessary to provide you with the information and / or services that you requested from us. We may include certain Personally Identifiable Information for longer periods of time if necessary for legal, contractual and accounting obligations.
Viewing by Others
Note that whenever you voluntarily make your Personally Identifiable Information available for viewing by others online through this Website or its Content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the Personally Identifiable Information that you voluntarily share.
We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address.
To use certain features of the Website or its Content, you may need a username and password. You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.
It is your responsibility to protect your own username and password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your Personally Identifiable Information at your own risk.
We will use our best efforts to keep your username and password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
Use of “Cookies”
A cookie is a small, encrypted data string that a website stores on a visitor’s computer which the user’s browser provides to the website each time the visitor returns. A cookie cannot read personal data from your computer’s hard drive or read cookie files created by other websites. The only Personally Identifiable Information a cookie can contain is information you provide. Our Website may use both session ID cookies (which expire when you close the browser) and persistent cookies (which remain on your computer’s hard drive for an extended period of time) to help us identify and track visitors, their usage of our Website, and their website access preferences, and to deliver content specific to a visitor’s interests. We do not correlate cookies information with data about individual users. You may choose to disable cookies through your web browser’s settings. However, disabling this function may diminish your experience on our Website and some features may not work as intended. You do not need to have cookies turned on to use any area of our Website.
How You Can Access, Update or Delete Your Personally Identifiable Information
You have the right to:
- Request information about how your Personally Identifiable Information is being used and request a copy of what Personally Identifiable Informationwe use.
- Restrict processing if you think the Personally Identifiable Information is not accurate, unlawful, or no longer needed.
- Rectify or erase Personally Identifiable Information and receive confirmation of the rectification or erasure. (You have the “right to be forgotten”).
- Withdraw your consent at any time to the processing of your Personally Identifiable Information.
- Lodge a complaint with a supervisory authority if you feel we are using your Personally Identifiable Information unlawfully.
- Receive Personally Identifiable Information portability and transference to another controller without our hinderance.
- Object to our use of your Personally Identifiable Information.
- Not be subject to an automated decision based solely on automatic processing, including profiling, which legally or significantly affects you.
You may unsubscribe to our e-newsletters or updates at any time through the unsubscribe link at the footer of all e-mail communications.
We manage e-mail lists through a list management system. Unsubscribing from one list managed by us will not necessarily remove you from all publication email lists. If you have questions or are experiencing problems unsubscribing, please contact us at firstname.lastname@example.org.
Children’s Online Privacy Protection Act Compliance
We do not collect any information from anyone under 13 years of age in compliance with COPPA (Children’s Online Privacy Protection Act), and the GDPR (General Data Protection Regulation of the EU). Our Website and its Content is directed to individuals who are at least 13 years old or older.
Privacy Policies of Other Websites
We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its Content, and we are not responsible or liable for the privacy of the information on those websites or that you voluntarily share with those websites. Please review the privacy policies of such other websites for guidelines as to how they respectively store, use and protect the privacy of your Personally Identifiable Information and Non-Personal Information.
Assignment of Rights
California Privacy Rights
Data Controller and Processors
We are the data controllers as we are collecting and using your Personally Identifiable Information . We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable efforts to make sure our data processors are GDPR- compliant.
Notification of Changes
Last Updated: May 2018