TERMS AND CONDITIONS

Last updated: May 31, 2023

Overview

Please read these Terms and Conditions ("Terms", "Terms of Use", “Terms and Conditions”, “Terms of Service”) carefully before using the The Kerrminator website (the "Service") operated by The Kerrminator LLC ("us", "we", or "our"), hosted on Wix. “You”, “your”, or the “User” refer to any individual user of our site and products. “Member” refers to any individual user of our membership area of our site.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users who are browsers, vendors, customers, merchants, and all others who access or use the Service.

By visiting our site and/or purchasing something from us, you engage in the Service and agree to be bound by the following Terms. If you disagree with any part of the terms then you may not access the Service.

Any future tools, features, or additions to the current store or site shall be subject to the Terms as well. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Section 1 - General Conditions

We reserve the right to refuse or revoke access to the Service to anyone for any reason at any time.

You agree not to copy, sell, resell, exploit, duplicate, create derivative works without significant modification, or reproduce any portion of the Service, access to the Service, or use of the Service without express written permission by us.

You understand that your content submitted through the site (excluding credit card information), may be transferred unencrypted.

The headings used in this agreement will not limit or affect the Terms and are included for convenience only.

Section 2 - Intellectual Property

The Service and its original content, features, products, services, and functionality are and will remain the exclusive property of The Kerrminator LLC. All products and services created, developed, and designed by the Service remain the exclusive property of The Kerrminator LLC. Exceptions to this, if any, will be communicated and agreed upon by The Service, and User in writing.

Rights to the content provided to us for services (such as video editing) will remain the property of the client and client assumes all responsibility for copyright claims or rights of usage now or in the future of the content provided for Service. Specific rights of use for The Kerrminator LLC as work samples will be negotiated and communicated in detail in client contracts. By submitting files to us, it is assumed you have the rights to this content and User assumes all responsibility for claims now or in the future regarding the rights to the content.

Section 3 - Online Store Terms

By using the Service, you agree to these Terms and represent that you are at least the age of majority in your province or state of residence or you are of the age of majority in your province or state of residence and are giving consent to allow any of your minor dependents to access the Service.

Section 4 - Products or Services

Some products or services are available exclusively online through the website and may have limited quantities, limited release, limited availability, or are available as a small batch series. These products or services are subject to return or exchange only according to our Return Policy.

We reserve the right to limit the sale of or discontinue our products at any time. Prices displayed are subject to change without notice at our sole discretion.

We cannot guarantee 100% accuracy with regard to display color and accuracy of products due to variations in computer displays, but every effort is made to display products in images and describe in product information as accurately as possible. Errors in Service will be corrected, but we cannot guarantee that the product will meet your expectations.

Rights of use for Freebies (“Free Digital Products”, “Free Downloads”, “Free Product”), Digital Products, Physical Products, and Video Courses including, but not limited to graphics, animations, illustrations, workbooks, ebooks, stationary, stickers, t-shirts, apparel, clothing, handouts, worksheets, templates, and other documents, includes single User access and use only. Meaning, by agreeing to receiving access to a Freebie, or by purchasing a product (physical or digital) the User agrees to not share, sell, re-upload else-where on the web, send via email, messaging platform, or file-share service, or redistribute the product files, derivative works, photographs, screen-captures, or hardcopies in its original state and will only use it for their own individual personal or business purposes allowed and described here.

When a User downloads a Freebie from this site the User agrees not to redistribute or replicate the original file or file’s likeness for profit, for free, or in any capacity including malicious intent. Individuals may incorporate or use the files for their own personal or business use only, but they are not granted any ownership over the original content. Please contact directly via email at shop@thekerrminator.com about rights of usage within a business wanting rights for more than one user.

The User must make significant modifications to the original product as required by applicable copyright and intellectual property laws.

Sharing images of the User utilizing the product along with credit to the Service either by providing a link to the Service or tagging the Service’s social media account(s) in the post is acceptable.

Example 1

If User downloads a referral slip template, the user may modify the template to add their own branding, information, images, etc. to the document to advertise their services. The User may not replicate and/or re-share the original template as though it is their own.

Example 2

If User downloads a graphic or digital illustration, the User may add this graphic as an element of their documents, social media posts, or modify it to incorporate it into their branding as long as the original image or file is not being redistributed, replicated without modification, sold or shared as original work by the User.

Example 3

After a User downloads a Freebie, if they choose to print a Freebie, they may print it themselves or via a third party, and as many copies as they’d like for their own personal or business use. Printed copies of any Freebies may not be sold.

Example 4

After the User purchases a t-shirt, the User may share a photo predominantly displaying the shirt on social media and tag the Service. The User may not duplicate or replicate the design for resale or distribution.

Free Gifts and Seasonal Shop Promotions

Seasonal sales promotions and free gifts for qualifying purchases apply to purchases made during the advertised promotional period. A qualified purchase requires submission of a mailing address at checkout and the purchase must not have been refunded during the 30 day return period. For qualifying purchases made during the promotional period, a gift will be mailed to the purchaser within 70 days. This offer is limited to one per customer and per address. Multiple purchases by the same individual or same household will only qualify for one free gift. The free gift will be mailed to the address provided at checkout.

Section 5 - Accuracy, Completeness and Timeliness of Information

Material provided on this site is provided for general knowledge only and should not be relied on as a sole determinant for Users decisions without consulting more accurate, more timely, more complete or primary sources of information. Reliance on any material on this site is at Users own risk.

Information provided on this site may become outdated and therefore should be used as reference only. We have no obligations to update information, but we reserve the right to modify the contents of this site at any time. By using the Service, the User agrees and accepts responsibility to monitor changes to the site.

Section 6 - Modification to the Terms and Prices

Prices for Products and Services are subject to change at any time without notice.

We reserve the right to cancel, modify, or revoke service or products at any time without notice.

We shall not be liable for any cancelation, suspension, discontinuation, modification, change in price or service to you or any third-party.

Section 7 - Membership and Accounts

7.1 - When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

7.2 - You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

7.3 - You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

7.4 - Templates - Members agree to use templates exclusively for their own business or personal use and will not resell, redistribute, or share templates at any point unless permission is obtained from Us. Members may not share access to templates or copies of templates with any other individual or entity.

7.5 - Digital Downloads - Members agree to use digital downloads exclusively for their own business or personal use and will not redistribute, or share digital downloads with the intent to resell or profit from distribution in any way. Members may not share access to digital downloads or copies of digital downloads with any other individual or entity.

7.6 - Courses and Video Content - Members agree to use courses and video content exclusively for their own business or personal use and will not redistribute, or share courses and video content with the intent to resell or profit from distribution in any way. Members may not share access to courses and video content or copies, clips, segments, or portions of courses and video content with any other individual or entity.

7.7 - All other content accessed through purchasing a current or future membership plan or service is intended for use by the individual who made the purchase. Sharing membership or any content accessed through membership is considered a violation of these terms and subject to termination of the User’s membership to this site.

7.8 - Merchandise bundles - Merchandise bundles are included in the specified membership tier(s) and are distributed only after at least 6 months of continuous membership. Merch bundles are assembled and mailed once per year so some users may receive their first merch bundle after 6 months of continuing membership. Merch bundles will include items from the TheKerrminator.com/shop or in combination with items sourced from other businesses. Members at tiers receiving merch bundles will have the opportunity to provide size and color preferences prior to mailing. Please review the shipping and returns policy regarding damaged items in the case where your items arrive damaged. Total retail value of the merch bundle will be at least $50.

7.9 - Requesting materials and resources - There is a forum area for posting requests and suggestions for future materials and resources to be added to the Resource Hub in the members area. We make no guarantee that if you make a request that we will be able fulfill that request. We will try our best to add resources that will be of value to our members and take all suggestions and requests into consideration.

7.10 - Refunds for membership - No refunds will be provided. My agreeing to purchase a membership plan you agree to pay for that month of access.

7.11 - Membership Cancellation - The Member may cancel their membership at any time. Upon cancelation, the member will retain access to the membership they purchased until the end of their current membership month. At the end of that month the Member will no longer be billed and will no longer have access to the membership site until they purchase a new membership.

7.12 - Credit Card Authorization - By purchasing a membership plan, the Member authorized the Service to automatically charge their method of payment (e.g. credit card) each month until the Member decides to cancel their membership.

7.13 - Changes to Membership - We reserve the right to modify, change, or update the structure and pricing of membership tiers at any point with or without notice.

Section 8 - Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by The Kerrminator LLC.

The Kerrminator LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Kerrminator LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Section 9 - Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Section 10 - Severability

In the event that any section of these Terms are determined to be unlawful, void, or unenforceable, the section will remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from the Terms. Such determination shall not affect the enforceability and validity of the remaining sections.

Section 11 - Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Section 12 - Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Section 13 - Contact Information

Questions about these Terms should be sent to us at: contact@thekerrminator.com.

Free Gifts and Seasonal Shop Promotions