Terms of Use

Last Updated:

August 9, 2022

YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AND CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE WEBSITE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITE AND YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR GUARDIAN’S PERMISSION.

KristiPeck.com, including all of its features and content and related websites that we own and control (“Website”), is a service made available by Kristi Peck (together with its present and future parent, subsidiary, affiliate, successor companies and each of their respective members, managers, officers, directors, employees, agents, and representatives, “Kristi Peck”, “we”, “us”, or “our”), and all content, information, services, text, photographs, video, audio (including, without limitation, podcasts), graphics, and software provided on or through the Website (the “Content”) may be used solely under the following terms and conditions of use (“Terms of Use”).

These Terms of Use and all other terms and conditions or documents incorporated by reference herein, including, without limitation, our Privacy Policy (collectively, the “Terms of Use”), constitute a legally binding agreement between Kristi Peck and each visitor or user of the Website (each, a “User”, “you” or “your”) relating to the use of the Website and the services provided therein, including the Content. By using the Website, you are deemed to have accepted, executed, and be bound by the terms of these Terms of Use. Kristi Peck may change or amend these Terms of Use at any time at its sole discretion. If Kristi Peck makes a material change or amendment to these Terms of Use, it will notify Users thereof by posting such changes or amendments on the Website, which changes or amendments will be effective automatically upon the posting thereof. IF ANY OF THESE TERMS OF SERVICE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE WEBSITE OR THE CONTENT. YOUR CONTINUED USE OF THE WEBSITE OR THE CONTENT FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.

Website License

We grant you a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable license to access and make use of the Website and Content solely as provided herein, subject to these Terms of Use, and not for redistribution of any kind (the “License”). This License does not include any resale of (i) the Website or Content, (ii) any Registration Data (defined below), (iii) any other content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, music, screenshots, videos, chats, posts, identifying marks, Website pages, software, and other original works of authorship, and/or intellectual property uploaded to, or incorporated into, the Website or Content by Kristi Peck (collectively, “Website Content”), which Website Content is and shall remain the sole and exclusive property of Kristi Peck, or (iv) any content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, music, screenshots, videos, and other intellectual property that any other User submits or uploads onto the Website (collectively, “User Content”), including, without limitation, in Interactive Areas (defined below), which User Content is and shall remain the sole and exclusive property of the applicable User (subject to the licenses granted to Kristi Peck herein).

Kristi Peck retains all rights, title, and interest in and to the Website, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other materials and content uploaded or incorporated into the Website, including, without limitation, all Website Content (but excluding User Content, which is owned by the applicable User, but which Kristi Peck has a license to use pursuant to these Terms of Use, and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (collectively, “Website IP”). Website IP is protected in all forms, media, and technologies now known or hereinafter developed. Kristi Peck owns all Website IP, as well as the coordination, selection, arrangement, and enhancement of such Website IP as a Collective Work under the U.S. Copyright Act of 1976, as amended. The Website IP is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws.

Violation of this License may result in infringement of intellectual property and contractual rights of Kristi Peck, other Users of the Website, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.

Third-Party Content

The Website may include embedded third-party content or links (such as hyperlinks) to third-party websites or services (including external websites that are framed by the Website as well as any advertisements displayed in connection therewith) that are not owned or controlled by Kristi Peck (collectively, “Third-Party Content”). They are provided as an information service, for reference and convenience only. Kristi Peck does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy or (ii) content, advertising, or products or services. Inclusion of any Third-Party Content on the Website does not constitute or indicate Kristi Peck’s endorsement thereof and Kristi Peck shall not be liable or responsible for any Third-Party Content transmitted through the Website. You shall be subject to any additional terms and conditions of use, guidelines or rules applicable to any Third-Party Content that you access through the Website (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Terms of Use. You acknowledge and agree that Kristi Peck will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for and risk associated with your use of Third-Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith. Accordingly, Kristi Peck encourages you to be aware when you leave the Website and to read the terms and conditions of use and privacy policies associated with any Third-Party Content.

By using the Website, you expressly relieve and hold Kristi Peck harmless from any and all liability arising from your use of any Third-Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content on the Website or the failure of such Third-Party Content to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.

Interactive Areas and User Content

The Website may contain interactive areas where Users can upload their own User Content (the “Interactive Areas”). You acknowledge and agree that submissions made to Interactive Areas may be publicly available to all other Users, or in certain cases, specific other Users, and that you may be publicly identified when communicating in Interactive Areas, and Kristi Peck will not be responsible for the action of any Users with respect to any information or materials posted in Interactive Areas. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Website or transmit to us any User Content that you consider to be confidential or proprietary.

You hereby acknowledge and agree that Kristi Peck does not actively monitor or police the Interactive Areas or specific interactions between Users of the Website (and has no obligation to do so) and you hereby disclaim and hold Kristi Peck harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User. Notwithstanding the foregoing, Kristi Peck reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred, and may, also at its sole discretion, partially or completely deny, suspend, or terminate access to the Website to any infringing party.

You retain all right, title and interest in and to any User Content that you upload onto the Website; provided, that you hereby grant to Kristi Peck a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable, sublicensable (through multiple tiers) license to exercise all copyright, publicity rights, and any other rights you have in such User Content in any media now known or not currently known in order to operate, perform, promote, advertise, market, and improve upon the Website (the “User Content License”). The User Content License includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform, and sublicense User Content in any form, medium, or technology now known or hereafter developed. By submitting User Content to the Website, you acknowledge and agree that Kristi Peck may create its own ideas that may be or may obtain submissions that may be, similar or identical to your User Content. You agree that you shall have no recourse against Kristi Peck for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the User Content you provide to Kristi Peck. You acknowledge and agree that your submission of User Content to the Website does not create any new or alter any existing relationship between you and Kristi Peck.

You certify and warrant that your User Content is your original work or that the owner of such works has expressly granted to Kristi Peck a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license for said works with all of the rights granted by you to Kristi Peck, and do not violate and will not violate applicable law or the rights of any third party including any right of publicity, right of privacy, copyright, patent, trademark, or other intellectual property right or any proprietary right.

You acknowledge and agree that Kristi Peck may establish general practices and limits concerning the use of the Website or Content. You agree that Kristi Peck has no responsibility or liability for the blocking, deletion, or failure to store any User Content maintained or transmitted by the Website. You further acknowledge that Kristi Peck reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.

Digital Millennium Copyright Act

Kristi Peck has registered an agent with the United States Copyright Office in accordance with the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. Kristi Peck reserves the right to remove any Website Content or User Content that allegedly infringes another party’s copyright. Kristi Peck will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s copyright. Notices to Kristi Peck regarding any alleged copyright infringement should be directed to Kristi Peck via email at: hello@kristipeckold.xtapps.com. This email address is only for reporting suspected copyright infringement.

Notification of Alleged Copyright Infringement: If you believe in good faith that your work has been copied in a way that constitutes copyright infringement under applicable law, you may provide us with a written notice containing the following:

Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where on the Website the material you claim is infringing may be found, sufficient for Kristi Peck to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or applicable law;
A statement by you under penalty of perjury under applicable law that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your electronic or physical signature.

U.S. law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Counternotice to Restore User Content Removed for Alleged Copyright Infringement: If you believe that your User Content has been removed by mistake or misidentification, you may provide us with a written counter-notification containing the following information:

Your name, address, telephone number, and email address;
A description of the material that was removed;
A description of where on the Website the material that was removed previously appeared (e.g., URL);
A statement that you have a good faith believe that the material was removed or disabled as a result of a mistake or misidentification;
A statement by you under penalty of perjury under applicable law that the information in your counter-notice is accurate;
A statement that you consent to the jurisdiction of the U.S. District Court for the judicial district in which your address is located, or if your address is outside of the United States, the State of California, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
Your electronic or physical signature.

Trademarks

You agree not to display or use in any manner any trademark, services mark, logo, trade dress, slogan, or other brand features, either registered under the laws of the U.S. or any other country or jurisdiction or unregistered and existing at common law, belonging to Kristi Peck unless you obtain Kristi Peck’s prior written permission.

Kristi Peck reserves the right to remove any Website Content or User Content that allegedly infringes another party’s trademark or service mark. Kristi Peck will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s trademark or service mark. Notices to Kristi Peck regarding any alleged trademark infringement should be directed to Kristi Peck via email at: hello@kristipeckold.xtapps.com. This email address is only for reporting suspected trademark infringement.

Notification of Alleged Trademark Infringement: If you believe in good faith that any of your registered trademark or service mark has been infringed upon by any Website Content or User Content under applicable law, you may provide us with a written notice containing the following:

Your name, address, telephone number, and email address;
The registration number of the trademark or service mark, jurisdiction(s) of registration, and categories of goods and/or services covered by the registration;
A description of where on the Website the allegedly infringing Website Content or User Content may be found, is sufficient for Kristi Peck to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the registered trademark or service mark is not authorized by the trademark owner, registrant, or licensee or their respective agents, or applicable law;
A statement by you under penalty of perjury under applicable law that the information in your notice is accurate and that you are the trademark owner, registrant or licensee or authorized to act on the trademark owner’s behalf; and
Your electronic or physical signature.

No Appeal to Restore User Content Removed for Alleged Trademark Infringement: If we remove your User Content because of a trademark infringement report, you will receive a notification from us that includes the name and email address of the rights holder who made the report and/or the details of the report. If you believe the content should not have been removed, you can follow up with the rights holder directly to try to resolve the issue. Kristi Peck does not provide a counter-notice or appeal mechanism for claims of trademark infringement and disclaims any liability for claims you might make regarding mistaken or misidentified trademark infringement notice and takedown requests.

Limitations on Website Use

You are solely responsible for all of your interactions with the Website and other Users on or through the Website, including, without limitation, your participation in Interactive Areas. In your interactions with other Users, you agree to conduct yourself professionally, civilly, and respectfully at all times.

The Website and Website Content, and any User Content belonging to another User, may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the Website’s functionalities or without the express prior written consent of Kristi Peck, or in the case of another User’s User Content, the applicable User.

By limiting the foregoing, while using the Website, you may not:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of Kristi Peck or other Users, or use information learned from the Website or Content to otherwise defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate the legal rights of Kristi Peck or any other User outside of the Website.
Upload User Content to the Website, or otherwise utilize Interactive Areas to communicate or distribute information, that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, including, but not limited to, content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals.
Use the Website or Content for any purpose in violation of applicable local, state, federal, or international law.
Use or otherwise export or re-export the Website or any portion thereof, or the Website Content or User Content in violation of the export control laws and regulations of the U.S.
Upload User Content or files that contain software or other material that violate the intellectual property rights (or rights of privacy or publicity) of any third party or for which you have not obtained the necessary rights or permissions to use accordingly.
Upload User Content or files that contain viruses, Trojan horses, corrupted files, malware, spyware, bugs, or any other similar software that may damage or infiltrate the operation of any other User’s computer.
Advertise or offer to sell any goods or services for any commercial purpose through the Website, or otherwise post commercial advertisements, affiliate links, and other forms of solicitation, which may be removed from the Website without notice to you at any time.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Impersonate another person or User or knowingly allow any other person or entity to use your identification or account to post or view comments on, or otherwise utilize the Website.
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Website.
Restrict or inhibit any other User from using and enjoying the Interactive Areas.
Imply or state that any statements you make are endorsed by Kristi Peck or any other User without the prior written consent of Kristi Peck or such User.
Use a robot, spider, manual, and/or automatic processes, or devices to data-mine, data-crawl, scrape, or index the Website in any manner.
Hack or interfere with the Website, its servers, or any connected networks.
Adapt, alter, license, sublicense, or translate the Website or Content for your own personal or commercial use.
Remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by Kristi Peck.
Upload User Content that provides materials or access to materials that exploit people under the age of eighteen (18) in an abusive, violent, or sexual manner.
Use the Website to collect Registration Data (as defined below) of Users by electronic or other means.
Use the Website in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Kristi Peck’s trade secret information for public disclosure or other purposes.
Use, transfer, distribute, or dispose of Website, Website Content, or User Content in any manner that could compete with the business of Kristi Peck.
Cause or induce any third party to engage in the restricted activities above.

The License granted to you terminates automatically upon any unauthorized use of the Website or its Content and Grief and Rebirth will take appropriate investigative and legal action for any illegal or unauthorized use of the Website or Content.

Unlawful Activity; Termination of Website Access

We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ e-mail addresses, usage history, User Content, IP addresses, and traffic information

We further reserve the right, in our sole discretion and without notice or liability to you, to suspend or terminate your use of, or access to, the Website (either in whole or in part) at any time for any reason with any conditions, including, without limitation, if we believe in good faith that you have violated or acted inconsistently with these Terms of Use or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable. We may also terminate your access to the Website if you file any claim against Kristi Peck or file any claim that involves the Website. We also reserve the right, at our sole discretion, to seek and obtain any other remedies available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Kristi Peck. In the event your right to use the Website is terminated, limited, or suspended, these Terms of Use will remain in effect and enforceable against you.

You may terminate these Terms of Use at any time by ceasing all use of the Website and Content; provided, however, that all sections of these Terms of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use.

User Accounts

In order to utilize the full functionalities of the Website, each User will need to register and create an Account. You agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address, phone number, profile name, etc., and to create an Account login password (collectively, “Registration Data”). You agree that all Registration Data you provide to Kristi Peck will be and remain at all times true, accurate, current, and complete. Kristi Peck may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by Kristi Peck.

Kristi Peck will have the right to use your Registration Data in connection with servicing and operating the Website. You agree (i) to restrict access by any other person or entity to your password or other login information, (ii) to not knowingly use the name or email of any other person without authorization, (iii) to not use an email or profile name that is profane, offensive or otherwise inappropriate, (iv) to not allow any third party to use your login information, Registration Data or Account, and (v) to notify Kristi Peck of any breach of security by promptly sending Kristi Peck an e-mail to hello@kristipeckold.xtapps.com. You agree that you will be liable for all activities that occur under your Account, even if such activities were not committed by you. Kristi Peck is not responsible for any loss or damage as a result of someone else using your Account, Registration Data, or password with or without your knowledge.

Representations and Warranties

The Website is available only to persons who are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence). BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE) AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THESE TERMS OF SERVICE.

You represent and warrant that you have the right, authority, and capacity to enter into, and to be bound by, these Terms of Use and to abide by the terms and conditions of these Terms of Use, and that you will so abide.

You represent and warrant that (i) all Registration Data and all User Content and other information that you submit onto the Website is true, accurate, current and complete, (ii) that you are the sole owner of all right, title, and interest in, or have obtained all necessary rights and licenses from the applicable owner of, any User Content or other information you submit or upload onto the Website, and (iii) that such User Content and other information, when used for the purposes in which it is submitted onto the Website, does not infringe upon the rights of any third party, including, without limitation, intellectual property rights, propriety rights and rights of publicity/privacy. You acknowledge and agree that you shall be solely responsible for all Registration Data, User Content, and other information that you post, upload, link to, publish, exchange, or display onto the Website and that Kristi Peck reserves the right to reject, refuse to post, edit, modify, remove all or a portion of any such Registration Data, User Content, or other information from the Website that Kristi Peck determines, in its sole discretion, does not comply with these Terms of Use, or for any other reason, without notice or liability to you.

Advertisers on Website

The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Kristi Peck will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

Special Promotions

Kristi Peck may from time to time provide certain promotional opportunities, sweepstakes, and contests to Users. All such promotions will be run at the sole discretion of Kristi Peck, and can be activated, modified, or removed at any time by Kristi Peck without advance notification and the liability of any of Kristi Peck’s partners pursuant to such promotional opportunities, sweepstakes, and contests shall be limited pursuant to these Terms of Use.

Third-Party Communications

By providing us with your email address and using the Website, you hereby affirmatively consent to the use of your email address for notifications from us regarding important service announcements and other administrative communications related to your use of the Website, as well as certain marketing and other advertising communications from us and from our third-party advertising partners, as more fully set forth in our Privacy Policy. You will be able to opt-out of receipt of certain notifications by following the instructions described in our Privacy Policy; however, if you do not wish to receive certain service and other administrative notifications related to the Website, your only way to opt out of such messages is to stop using the Website.

Kristi Peck disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the Website (“Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Kristi Peck assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.

By using the Website, you expressly relieve and hold Kristi Peck harmless from any and all liability arising from your use of any Third-Party Communications, including any loss or damage incurred as a result of any dealings between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.

Disclaimers

By downloading, streaming, or otherwise accessing the content on the site, you acknowledge and agree that the information, opinions, and recommendations presented are for general information and educational purposes only. We disclaim any responsibility for the accuracy, completeness, availability, or reliability of any of the information or contained, nor do we endorse any of the facts or opinions contained therein.

You should not rely on this information as a substitute for, nor does it replace, professional medical or health and wellness advice, diagnosis, or treatment by a healthcare professional. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician, or other health professional. Never disregard the medical advice of a psychologist, physician, or other health professional, or delay in seeking such advice, because of the information offered or provided. The use of any information provided is solely at your own risk.

YOUR USE OF THE WEBSITE AND CONTENT IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KRISTI PECK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. KRISTI PECK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND KRISTI PECK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, KRISTI PECK DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. KRISTI PECK IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. KRISTI PECK DOES NOT WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. KRISTI PECK CANNOT AND DOES NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT KRISTI PECK IS ONLY WILLING TO PROVIDE THE WEBSITE AND CONTENT IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD KRISTI PECK AND ITS LICENSORS, PARTNERS IN PROMOTIONS, PRODUCERS, DISTRIBUTORS, AND EPISODE PARTICIPANTS AND EACH OF THEIR PRESENT AND FUTURE PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR COMPANIES AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, LIABLE FOR ANY DAMAGE, SUITS, OR CLAIMS THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF THE WEBSITE AND CONTENT (INCLUDING, WITHOUT LIMITATION, THE PODCAST), INCLUDING, WITHOUT LIMITATION, ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER, ANY DISPUTE WITH ANY USER, AND ANY PURPORTED INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY KRISTI PECK. UNDER NO CIRCUMSTANCES WILL ANY SUCH PARTIES BE LIABLE TO YOU OR ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY OF THE FOREGOING PARTIES ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

YOU AND KRISTI PECK AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR KRISTI PECKWILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR KRISTI PECK ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND KRISTI PECK FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, KRISTI PECK, AND ALL PARTIES TO ANY SUCH PROCEEDING.

Indemnification

You hereby agree to indemnify, defend and hold harmless, Kristi Peck and its licensors, partners in promotions, producers, distributors, episode participants, and other contracting parties and each of their present and future parent, subsidiary, affiliate, successor companies and each of their respective members, managers, officers, directors, employees, agents, and representatives from and against any and all losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third party based on: (i) your use of, or inability to use, the Website; (ii) any breach of any representation, warranty, covenant, or obligation of yours under these Terms of Use; (iii) any Registration Data transmitted by you to Kristi Peck or User Content posted by you onto the Website; (iv) your violation of any applicable law or regulation; or (v) your violation of any third-party rights, including, without limitation, any intellectual property rights. Kristi Peck shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Kristi Peck’s request. Kristi Peck reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Kristi Peck.

Errors and Corrections; Updates

Kristi Peck does not represent or warrant that the Website, Website Content, or User Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Kristi Peck does not warrant or represent that the Content available on or through the Website will be correct, accurate, timely, or otherwise reliable. Your access to the Website may be interfered with by numerous factors outside of Kristi Peck’s control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. Kristi Peck is not responsible for and will have no liability for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Website. In addition, perfect security does not exist on the Internet; Kristi Peck cannot and does not guarantee that any Registration Data or other personally identifiable information relating to you submitted to the Website will not become public under any circumstances.

Kristi Peck may in the future update the Website to change the Website Content and/or features thereof at any time (an “Update”). Kristi Peck shall not be liable to any User in any way as a result of any temporary suspension of the Website or Content arising from or in connection with an Update. Furthermore, Kristi Peck is under no obligation to undergo an Update of the Website to the extent any Website Content, User Content, and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein shall apply in full to any Update.

Privacy

Your privacy is very important to us. To understand our practices, please review our Privacy Policy, which is incorporated by reference into these Terms of Use and also governs your use of the Website. Likewise, you represent and warrant that you will respect the privacy, property, and data protection rights of Users.

Governing Law and Jurisdiction; Disputes

The Terms of Use are governed by and construed in accordance with the internal law of the State of California without reference to its principles of conflicts of laws and any action arising out of or relating to these Terms of Use shall be filed only in the state courts located in the County of XX in the State of California or in the United States District Court for the District of California, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Assignments

Kristi Peck may assign, sub-contract, and/or otherwise transfer any or all of our rights and/or obligations under these Terms of Use to any company, firm, or person. You may not transfer your rights or obligations under these Terms of Use to anyone else.

Waiver and Severability of Terms; Entire Agreement

Failure by Kristi Peck to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Website, Website Content, Interactive Areas, and User Content.

Contact

Questions or comments about the Website or our services or these Terms of Use should be sent by email to hello@kristipeckold.xtapps.com.

Thank you!