For purposes of this Agreement, “Service” refers to the Company’s service which can be accessed via our website at www.netkienterprises.com or through our mobile application. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service.
II. INFORMATION WE COLLECT
We may collect both “Non-Personal Information” and “Personal Information” about you. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” includes information that can be used to personally identify you, such as your name, address and email address.
In addition, we may also track information provided to us by your browser or by our mobile application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We use this information for, among other things, the operation of the Service, to maintain the quality of the Service, to provide general statistics regarding use of the Service and for other business purposes. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal Information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. Persistent cookies can be removed by following your Internet browser help file directions. If you choose to disable cookies, some areas of the Service may not work properly.
III. HOW WE USE AND SHARE INFORMATION
In general, we do not sell, trade, rent or otherwise share your Personal Information with third parties without your consent. We may share your Personal Information with vendors and other third-party providers who are performing services for the Company. In general, the vendors and third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the Company. For example, when you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, you consent to our collecting and using such personal information for that specific purpose, including by transmitting such information to our vendors (and their service providers) performing these services for the Company.
However, certain third-party service providers, such as payment processors, have their own privacy policies in respect of the information that we are required to provide to them in order to use their services. For these third-party service providers, we recommend that you read their privacy policies so that you can understand the manner in which your Personal Information will be handled by such providers.
IV. HOW WE PROTECT INFORMATION
We implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.
V. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
VII. LINKS TO OTHER WEBSITES
VIII. AGE OF CONSENT
By using the Service, you represent that you are at least 18 years of age.
X. MERGER OR ACQUISITION
XI. EMAIL COMMUNICATIONS & OPTING OUT
We will send you Service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our Service, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. Based upon the Personal Information that you provide us, we may communicate with you in response to your inquiries to provide the services you request and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. We may also use your Personal Information to send you updates and other promotional communications. If you no longer wish to receive those email updates, you may opt-out of receiving them by following the instructions included in each update or communication.
XII. CONTACT US & WITHDRAWING CONSENT
USE OF SITE
The Site may not be used to gain or attempt to gain a competitive advantage in NetKi Enterprises’ industry market or be used for any commercial purpose. Services and products are intended only for persons who are legally permitted to enter binding contracts. The information, opinions, images, messages, website links, text information, music, videos, graphics, files, ideas, data and any other content provided to us by Users (“User Submissions”) and uploaded, published, displayed or otherwise made available (“posted”) on the Site is not endorsed by NetKi Enterprises. Users retain all ownership rights in his or her own User Submissions. However, by submitting User Submissions to the Site, Users have the right to grant to Netki Enterprises LLC a non-exclusive, worldwide, non-revocable, transferable, royalty-free, and perpetual right to use the User Submissions. Users rights are in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, sub-license, reproduce, create derivative works, distribute, assign and commercialize without any payment due to User. User Submissions are not confidential or proprietary.
THIRD PARTY INTEGRATIONS
Some of these third-party integrations, for example Stripe, Zazzle, Blogspot, Wordpress, Hashdoc, Thinkific, Paypal or Sellfy, provide electronic web-based transaction platforms to accept, manage, or otherwise process monetary or credit transactions supporting the exchange of products and services. The User agrees that NetKi Enteprises LLC shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, privacy law violations, data breaches business disruptions or expenditures of any kind that may arise or result of or in connection with any transactions carried out through these third-party integrations. In the event that any User has a dispute with any party to a transaction, the User agrees to release, hold harmless, and indemnify NetKi Enterprises LLC from all claims, demands, actions, proceedings, costs, expenses and damages arising out of or in connection with any transaction or dispute.
FEES FOR PAID SERVICES
NetKi Enterprises, LLC offers professional career and motivational services and free and/or paid downloable content. In some cases, the User may choose to subscribe to coaching or other services. You agree to pay all applicable fees related to your use of the Site and any services provided by NetKi Enterprises, LLC as described on the NetKi Enterprises Boutique page and in related sub-pages, which are available for review here: https://www.netkienterprises.com/netkienterprisesboutique. This also includes any of our connected stores or websites at zazzle.com, thinkific.com, hashdoc.com, blogspot.com or sellfy.com. By providing a payment method, you expressly authorize NetKi Enterprises to charge the applicable cost of services, and other costs such as overage fees and taxes, at regular intervals as set forth in each paid product description. NetKi Enterprises, LLC will automatically renew and charge your payment method based on the subscription plan chosen (if applicable), plus any additional overage or service fees, plus arrears due to failure to process a payment owed during a previous billing cycle if applicable. Payments are non-refundable, but NetKi Enterprises, LLC may consider a request to refund a past payment on a case-by-case basis.
By creating an account and upgrading to a paid subscription for a NetKi Enterprises, LLC product or service, you consent to allow NetKi Enterprises, LLC to charge your credit card (or other payment method) through its payment processors for the amounts due for your initial subscription period and for additional subscription periods until you cancel the subscription service. Paid accounts will automatically renew at the start of each new subscription period unless the account is cancelled. Cancellation will be effective immediately and you will not be entitled to a refund of any payments for the remainder of the unused subscription period. You may cancel your NetKi Enterprises subscription by sending an email to firstname.lastname@example.org.
THIRD PARTY LINKS AND
RULES OF CONTENT
The following rules of conduct apply to Users use of the Site and to all User Submissions posted on the Site. Users agree to adhere to generally accepted rules of etiquette and behavior standards. Additionally, as a User, you agree not to: post User Submissions that are libelous, hateful, inflammatory, illegal, inaccurate, malicious, false, pornographic, defamatory, harmful to others, obscene, sexually explicit, harassing, vulgar, violent, racially, ethnically or culturally offensive, or otherwise objectionable or offensive in any way; post User Submissions that are invasive of privacy, publicity, intellectual property, proprietary, or contractual rights; post photos or videos of another person without that person's consent; post any advertising or solicitation or commercial content whatsoever on the Site; post User Submissions or take any action on the Site that violates any law, creates liability, or promotes illegal activities; impersonate any person or entity, or misrepresent him or herself or any affiliation with any person or entity; promote software or services that delivers unsolicited email or contains viruses, Trojan horses, worms, time bombs, or other harmful programming routines or computer code; engage in any systematic retrieval of content or information from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory, whether through the use of robots, spiders, automatic devices or manual processes; solicit personal information from anyone under the age of 18; post the personal information of another person without that person's permission; or use another User's account or modify or remove another User's User Submissions without their permission.
NetKi Enterprises LLC agrees not to prescreen User Submissions and does not guarantee that the Site will be free from offensive, inaccurate, unlawful or otherwise objectionable User Submissions. NetKi Enterprises LLC expressly disclaims any liability in connection with User Submissions; assumes no responsibility for, or any obligation to monitor or remove, User Submissions; assumes no responsibility for any action or inaction taken in regards to offensive content or User Submissions on the Site; reserves the right to restrict any User's access to the Site and to edit, remove, or refuse to post any User Submissions or terminate User accounts for any or no reason. This includes, without limitation, User Submissions that may be harmful to others or if User has engaged in harassment. Users may immediately notify NetKi Enterprises LLC of any objectionable User Submissions appearing on the Site, but NetKi Enterprises, LLC makes no promise that it will edit or remove any specific User Submissions.
ACCURACY OF INFORMATION
Although NetKi Enterprises, LLC webmaster updates information on the Site periodically, NetKi Enterprises LLC does not offer assurance that the information or material is error-free or complete. Such updates include but are not limited to availability and price. NetKi Enterprises LLC reserves the right to revise or change information on the Site without prior notice. Although we apologize for the inconvenience, NetKi Enterprises LLC reserves the right to correct any information at any time, even during User transactions, and will take measures that may include refusal, cancellation, or revision to adjust Users final payment. All prices are available for limited time only, and NetKi Enterprises LLC reserves the right to change any price without notice. Current promotions, sales, and discounts are not valid towards previously purchased service.
THIRD PARTY LINKS AND CONTENT
Links and references to and from third party websites are provided for convenience only. NetKi Enterprises, LLC does not expressly or implicitly endorse any information, materials, or services offered on third party sites, nor their accessibility or security. NetKi Enterprises LLC does not assume any responsibility or liability for third party sites, nor does NetKi Enterprises, LLC make any representation or warranties for or with respect to these sites. No User may provide links to NetKi Enterprises, LLC website without prior written permission from NetKi Enterprises, LLC webmaster. To request such permission, contact email@example.com. NetKi Enterprises, LLC and its service providers do not guarantee the accuracy or completeness of the Site's content. NetKi Enterprises, LLC does not assume responsibility or liability for third party content on the Site. Vendors of NetKi Enterprises, LLC may furnish certain information available to the User, including certain product data and opinions, and thus User agrees to indemnify NetKi Enterprises, LLC service providers and affiliates against all losses or damages resulting in User's reliance on any information, opinion, or advice obtained through the Site.
COPYRIGHT AND TRADEMARK DISCLAIMER
The Site is owned by NetKi Enterprises, LLC and is available for Users personal and commercial purposes. The NetKi Enterprises, LLC name, logo, and site content, including all pictures, slogans, text, colors, designs, graphics, images, icons, buttons, code, and software, are all subject to trademark, copyright, and other applicable intellectual property rights and law. Third-party trademarks, product names, and logos on the Site are the property of their respective owners. NetKi Enterprises, LLC retains sole rights for all use, production, and copy of its trademarks, and any misuse is strictly prohibited. NetKi Enterprises, LLC trademarks may not be copied, reproduced, modified, downloaded, published, exploited, or transmitted without first obtaining written permission from NetKi Enterprises, LLC. Permission is only granted to electronically copy and print pages from the Site solely as related to the non-commercial placement of User's personal order from NetKi Enterprises, LLC. NetKi Enterprises, LLC retains all intellectual property rights, copyrights, and trademarks for any material that User prints for personal use. User agrees to respect all applicable intellectual property laws and not use any materials on the Site to create new works. User agrees to not use, copy, or distribute any of the content, including User Generated Content, other than expressly permitted, for any commercial purpose. User warrants that he or she owns all rights in any User Submissions posted to the Site. User agrees not to post, modify, distribute, or reproduce User Submissions that belong to another person, without first obtaining the owner's permission to post such User Submissions and grant to NetKi Enterprises, LLC all of the license rights granted in this Agreement.
LIMITATION OF LIABILITY AND
DISCLAIMER OF WARRANTIES
NetKi Enterprises, LLC provides the site “as is” and does not claim to make any warranties, express or implied, about the serviceability, merchantability, fitness for a particular purpose, or content of the site. NetKi Enterprises, LLC further does not warrant that its site or applicable server is free from viruses or other potentially harmful code. Neither NetKi Enterprises, LLC nor any of its service providers shall be liable for any claims arising from any use or inability to use products or services, privacy law violations, data breaches, the conduct of other site users, malfunctions or defects in the site, lack of privacy or security when using the site, for any delay in or lack of delivery, for any loss of profits, data, or business, for user or any third party, as permissible under all applicable law. If applicable law does not permit such an exclusion of liability for incidental, special, or consequential damages, NetKi Enterprises, LLC’s liability shall be limited to the maximum extent permitted by applicable law. User agrees to indemnify and hold harmless NetKi Enterprises, LLC and its service providers from damages, and neither party will be liable for any indirect, incidental, special, consequential or any damages whatsoever (including, but not limited to, damage caused by lost profits, loss of business opportunity, lost data, computer viruses, business interruption, lost revenue, or loss of goodwill) for any cause of action, whether in contract, tort, strict liability, or otherwise, arising out of or related to this agreement or a breach thereof. In no event shall NetKi Enterprises, LLC be liable for damages in excess of the price charged to user for user's order. This limitation shall not apply to death or personal injury to the extent that applicable law prohibits such limitation. NetKi Enterprises, LLC reserves the right to change or discontinue at any time any aspect or feature of this site.
NetKi Enterprises, LLC is not currently HIPAA compliant. Users are solely responsible for compliance with HIPAA, HITECH, and similar data protection and privacy laws. For purposes of this Agreement, “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as amended, and “HITECH” means the Health Information Technology for Economic and Clinical Health Act, enacted as part of the American Recovery and Reinvestment Act of 2009, as amended.
This Agreement herein incorporates by reference the DPA when GDPR applies to the use of the Site. The parties agree that the DPA replaces and supersedes in its entirety any previously agreed data processing addendum between you and NetKi Enterprises, LLC relating to the EU Directive 95/46/EC.
For purposes of this Agreement (1) “GDPR” means the General Data Protection Regulation (“GDPR”) (Regulation (EU) 2016/679), and (2) “Personal Data” means any information relating to an identified or identifiable natural person; an identified or identifiable natural person is one who can be identified, directly or indirectly, including without limitation by reference to an identifier.
COPYRIGHT AND TRADEMARK DISCLAIMER
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at firstname.lastname@example.org.
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