PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Kirsten L. Williams (which includes www.kirstenlwilliams.com, any subdomains, and other websites we operate) (collectively, the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect.
1. Ownership; Limited Licence
You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials made available on the Site by us or third parties, and the look and feel of all of the foregoing (collectively, the “Content”), are maintained for your personal use and information by Kirsten L. Williams (the “Company”) and are the property of the Company and/or its third‑party providers. Company Content includes, without limitation, proprietary videos, HTML/CSS, JavaScript, graphics, voice and sound recordings, artwork, photos, documents, and text, together with all other materials included in the Site, excluding only the materials you provide.
Subject to your compliance with these Terms of Use, the Company grants you a limited, non‑exclusive, non‑transferable, non‑sublicensable licence to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless the Company expressly grants written permission. Modification of the Content or use of the Content for any other purpose violates the Company’s and authors’ rights and may result in monetary damages and penalties. You may not distribute, modify, transmit, or use any Content (including software, tools, graphics, and/or sound files) for public or commercial purposes without the Company’s express written permission.
2. Copyright
All Content (including text, data, graphics files, videos and sound files, and other materials) contained on the Site is copyrighted unless otherwise noted and is the property of the Company and/or its suppliers. No such materials may be used except as provided in these Terms of Use.
3. Trademarks; Publicity Rights
All trade names, trademarks, service marks, logos, and images and biographical information of people used in the Company Content and contained on the Site—including, without limitation, KIRSTEN L WILLIAMS™, SOULPRINT®/SOULPRINT™ and any marks indicated as such on the Site—are the property of, or used with permission by, the Company. Your use of the Content is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorised use may violate copyright, trademark, privacy, or publicity laws and other regulations and statutes. Nothing contained in these Terms of Use or on the Site shall be construed as granting, by implication or otherwise, any licence or right to use any trademark or other proprietary information without the express written consent of the Company or the third‑party owner.
The Company respects the intellectual property rights of others and may, at its sole discretion, remove content and/or disable accounts containing materials that it deems unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of intellectual property rights or these Terms of Use.
If you believe your intellectual property rights are being infringed on the Site or in any Content, please notify us at hello@kirstenlwilliams.com. Provide your name and contact information, a description of the work and the manner of alleged infringement, relevant registration details (if any), the location/URL of the alleged infringement, and any other relevant information.
4. Accuracy of Information
While the Company uses reasonable efforts to include accurate and up‑to‑date information on the Site, the Company makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions.
5. Electronic Communications and Notices
When you register with the Company and/or use this Site, you expressly consent to receive notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, and other correspondence from the Company electronically, including by email.
6. Submissions
If you send comments, suggestions, or other materials to the Company (including notes, text, drawings, images, designs, or computer programs), such submissions shall become and remain the sole property of the Company. No submission shall be subject to any obligation of confidence. The Company shall exclusively own all rights (including intellectual property rights) and shall be entitled to unrestricted use, publication, and dissemination of such submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. Security
The Company will use commercially reasonable efforts to restrict unauthorised access to our data and files. However, no system (whether or not password‑protected) can be entirely impenetrable. You acknowledge it may be possible for unauthorised third parties to access, view, copy, modify, or distribute data and files you store using the Site. Your use of the Site is at your sole risk.
8. Privacy
The Company will not intentionally disclose personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy: https://www.kirstenlwilliams.com/privacy‑policy. If you do not agree with this Privacy Policy (in whole or in part), please do not use the Site.
9. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 9A BELOW, NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE.
WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING: (A) THE USE OF THE MATERIALS ON THE SITE; (B) THE RESULTS OF SUCH USE; (C) THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS; (D) THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION; OR (E) THAT THE MATERIALS OR THE SITE WILL BE UNINTERRUPTED OR ERROR‑FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, CONTENT, AND/OR MATERIALS ARE FREE FROM BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOUR EARNING POTENTIAL DEPENDS ON MANY FACTORS PERSONAL TO YOU (INCLUDING YOUR PRODUCTS, IDEAS, TECHNIQUES, EXECUTION, TIME COMMITMENT, FINANCES, KNOWLEDGE, AND SKILL). THE COMPANY MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL.
THE COMPANY IS NOT RESPONSIBLE FOR PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD‑PARTY WEBSITE OR SERVICE PROVIDER. ANY SUCH PROBLEM IS GOVERNED SOLELY BY YOUR AGREEMENT WITH THAT PROVIDER.
9A. Australian Consumer Law
Nothing in these Terms of Use excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement. If any warranty or guarantee is implied by law and cannot be excluded, then to the extent permitted by law, the Company’s liability is limited (at the Company’s option) to: (a) in the case of goods—repair or replacement of the goods, or supply of equivalent goods, or payment of the cost of doing so; and (b) in the case of services—re‑supplying the services or paying the cost of re‑supplying the services.
10. Third‑Party Services; Suspension and Refunds
The Company is not responsible for any performance or service problems caused by any third‑party website or third‑party service provider (including, for example, your internet service provider, Stripe or other payment services, your software and/or updates to that software). Any such problem is governed solely by the agreement between you and that provider. The Company reserves the right, in its sole discretion, to determine whether it is responsible for any malfunction or disruption; to limit your use of the Site and/or Content; or to terminate your account if the Company determines that you have violated these Terms of Use or other Company rules or conditions. The Company reserves the right to refuse access to the Site and/or the Company’s Content, products, and/or services to anyone, in its sole discretion.
The Company may, in its sole discretion, refund an initial fee charged for use of the Site and/or any Content, or a pro‑rata portion thereof, in accordance with the Company’s refund policy (if any). Unless otherwise required by law or a written refund policy expressly stated on the Site, the Company will not provide refunds requested more than thirty (30) days after payment.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW (AND SUBJECT TO SECTION 9A), IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES—WHETHER FORESEEABLE OR NOT—including, without limitation, damage or loss of property, equipment, information or data; loss of profits, revenue or goodwill; cost of capital; cost of replacement services; or claims for service interruptions or transmission problems—occasioned by any defect in the Site, the Content, and/or related materials, the inability to use services provided hereunder, or any other cause whatsoever, regardless of the theory of liability and even if the Company has been advised of the possibility of such damages.
12. Indemnity
You agree to indemnify and hold the Company and its directors, officers, employees, and agents harmless from any and all liabilities, claims, damages, and expenses (including reasonable legal fees) arising out of or relating to: (i) your breach of these Terms of Use; (ii) your violation of law or the rights of any third party; (iii) any materials, information, works, and/or other content that you post or share on or through the Site; (iv) your use of the Site or any services provided via the Site; and (v) your conduct in connection with the Site, the services, or other users. The Company reserves the right to assume the exclusive defence and control of any matter subject to indemnification; in such event, you agree to cooperate as reasonably requested.
13. Third‑Party Beneficiaries
The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates, and third‑party content providers and licensors, each of which shall have the right to assert and enforce such provisions directly or on its own behalf.
14. Governing Law and Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of Queensland, Australia, without regard to conflict‑of‑laws principles. You submit to the exclusive jurisdiction of the courts of Brisbane, Queensland and the Federal Court of Australia (Queensland Registry) for any proceedings arising out of or relating to these Terms of Use. If any provision of these Terms of Use is unlawful, void, or unenforceable, that provision is deemed severed and does not affect the validity and enforceability of the remaining provisions.
15. Changes to These Terms
These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should periodically visit this page to review the then‑current Terms of Use.