Terms & Conditions of Purchase

Terms and Conditions for Purchase of Services

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN SERVICES (OR ANY RELATED MATERIALS) FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

1. Applicability of Terms and Conditions. These terms and conditions (these "Terms") shall apply to your purchase of our services and any related materials (“Services,”) through www.kristinburke.com (the "Site"). These Terms are subject to change at any time without prior written notice by Kristin Burke (referred to herein as either "Company," "we," "us," or "our"). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.

2. Online Orders. When placing an order on our Site, you are effectively offering to purchase selected Services. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.

3. Payment Terms. All applicable prices are set forth alongside the services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: sales, use, excise, and related taxes. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

4. No Physical Product. All Services are provided via electronic means, as further specified by the Service(s) descriptions. Any related materials provided with our Services are similarly only available in electronic format, no physical products shall be provided nor delivered. You are solely responsible for ensuring you have sufficient equipment, software and/or applications necessary to access and/or use the Services and/or materials.

5. No Refunds nor Returns. All orders and/or purchases for Services and/or materials are final. All Services and/or materials are provided as is. You are solely responsible for accessibility and/or compatibility of our Services with your equipment, devices and/or applications. Access to the Services are as further specified for the specific services purchased, however in the event access shall be less than thirty (30) days from date of purchase, you will be provided with notice of the same.

6. Privacy Policy and Website Terms of Use. Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: kristinburke.com/privacy-policy and kristinburke.com/terms-and-conditions. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site, including our Services in general.

7. Trademark/Intellectual Property/Ownership. You acknowledge kristinburke.com and/or Kristin Burke’s exclusive rights in the kristinburke.com trademark and service mark. Trademarks, service marks, logos and copyrighted works appearing on our Site or in/through our Services are the property of Kristin Burke or the party that provided such intellectual property to Kristin Burke and/or authorized its use on krsitinburke.com. Kristin Burke and any party that provides intellectual property to kristinburke.com or Kristin Burke retains all rights with respect to any of their respective intellectual property appearing therein and no rights in such materials are transferred or assigned to you.

Kristin Burke grants you a limited, revocable, nonexclusive license to use any Services obtained through any order or purchase of our Services solely for your own personal use and not for republication, distribution, assignment, sublicense sale, resale, preparation of derivative works or other use. You agree not to copy nor reverse engineer materials related to, provided by or arising directly from our Services; you further agree not to use such materials or Our Services in violation of any law.

8. Disclaimers; Warranties; Limitations on Liability.
The Services are provided on an “as is” and “as available” basis. Kristin Burke and kristinburke.com monitor and maintain the Site and our Services but cannot and do not guarantee they are free of any viruses or similar electronic destructive properties. The use of Kristinburke.com and/or any of our Services are at your sole risk.

Kristinburke.com expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of fitness for a particular purpose and non-infringement. Neither kristinburke.com nor Kristin Burke make warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure or error-free; (c) the results of using the Services will result in any particular outcome, growth, gain or other expectation; (d) the quality of the Services will meet your expectations; or € that any errors in the Services or materials will be corrected.

By using any of our Services, you agree that in no event will kristinburke.com, Kristin Burke, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of our Services. Under no circumstances will kristinburke.com nor Kristin Burke be liable for any loss of use, data, business, goodwill, reputation or revenue of any kind. Your sole remedy for any breach or default of this Agreement by kristinburke.com or Kristin Burke shall be a return of any fees paid to kristinburke.com or Kristin Burke for any Services provided under this Agreement. You indemnify and agree to defend and hold harmless kristinburke.com or Kristin Burke, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of kristinburke.com or our Services, including any breach by you of the Terms contained in this Agreement.

9. Artificial Intelligence (“AI”) Disclaimer. The Site, our Services and/or any related materials may contain the use of AI technologies including, but not limited to, AI-generated text, graphics, images, and/or audio. In the event AI technology was used as a tool by Kristin Burke to supplement, enhance, and make suggestions to the content of kristinburke.com and/or our Services, in which the thoughts, ideas, opinions, and the finished product are, indeed, wholly human and original to Kristin Burke and kristingburke.com, then Kristin Burke maintains copyright ownership over such content and will designate such content accordingly. Kristinburke.com was given a non-exclusive license to use such AI-generated content from third-party AI platform(s). By using this Site and/or our Services, you understand and acknowledge that kristinburke.com makes no guarantee as to the accuracy of third-party AI -generated content contained herein and you expressly acknowledge and understand that any information or knowledge you gain as a result of using any AI-generated content on the Site and/or throughout Services are used at your sole risk. To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the Site and/or our Services shall be to discontinue use of the Site and/or our Services.

10. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

11. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

12. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

13. Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

14. Governing Law. These Terms shall be governed by the laws of the State of California without regard to its conflict of laws principles.

15. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

16. Notices. We may provide notices hereunder to you by: (i) email or (ii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email address. You can contact us at any time at meet@kristinburke.com,

17. Entire Agreement. These Terms, along with the confirmation email referenced in Section 2. above, any instructions that we provide you with relating to any Service you obtain from us through the Site, and any terms and conditions that may be provided in connection with any promotion or other sale, and our Site's "Terms of Use" and "Privacy Policy," shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.