Section I – Definitions
1.1 Services. Welcome to the https://www.kizerlearning.com website (“Website”). Our Website is only for use by individuals over the age of 16. We provide online educational resources, and tailored workplace training and professional development solutions via our integrated online platform— designed to assist individuals and businesses streamline their workplace environment. (“Services”).
1.5 Company/Provider. This Website and the Services are owned and provided by Kizerco LLC dba Kizer learning & Performance Consulting (“us” or “we” or “our” or “Company”). Our principal place of business is, 1331 Chestnut St, Everett, WA 98201. You can contact us by calling (425) 346-7921, or by emailing us at [email protected].
1.7 Submitted Item. Any post, sound recording, composition, photograph, image, GIF, video, “favorites” list, comments, feedback, postcards, suggestions, notes, and other information, content or material, or other item that you or your agents disclose, email, fax, offer, text, or post to the Website, or disclose to us through Services provided to you, is referred herein as a “Submitted Item.”
1.8 Third-Party Posted Information. We do not endorse, verify or guarantee the validity of any material or information posted through our Services by other parties.
Section II – Use of Services.
2.3 Assumption of Risk and Disclaimers. OUR SITE IS PROVIDED AS IS, AND WE DISCLAIM ALL WARRANTIES, INCLUDING FITNESS OF A PARTICULAR PURPOSE AND MERCHANTABILITY. WE DO NOT REPRESENT OR WARRANT THIS WEBSITE, OUR SERVER(S), THIRD-PARTY PROVIDERS, OR YOUR DEVICES ARE, OR WILL REMAIN, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The information, media, software, products and descriptions of services provided through our Services, our Website, or a Linked Site (defined below), may include inaccuracies or typographical errors, and we specifically disclaim any liability for such inaccuracies or errors. We do not warrant or represent that any content is complete or up-to-date.
2.4 Limitation on Liability. You agree that the we, and our affiliates and any of their respective officers, directors, members, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use our Services or a Linked Site, or with the delay or inability to use the Website, or a Linked Site, even if we are made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. We cannot and does not guarantee continuous, uninterrupted or secure access to the Website. Also, to the extent allowable by law, neither we, nor any other party involved in creating, producing, recording, displaying, or delivering our Services is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, our Services, or that of any other party using your account. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Website, using our Services, or your downloading or streaming any materials, data, text, images, video, or audio. YOU HEREBY AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY AMOUNT ABOVE THE AMOUNTS YOU ACTUALLY PAID TO US WITHIN THE PRECEDING SIX (6) MONTHS.
2.5 License Granted to Us. By offering Submitted Items through our Website, and Services, either online or offline, whether or not solicited by us, you hereby grant to us, an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, promote, modify, reproduce, publish, distribute for sale, make derivative works of, sublicense, and otherwise exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices). You hereby represent and warrant (A) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (B) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third-party. You will take, at our expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by us to effect, perfect, and confirm the license granted to us to your Submitted Item as set forth herein. The publication, distribution, performance, creation of derivatives, use or exploitation, whether for sale or otherwise, of any Submitted Items is at our sole discretion and we are under no obligation of any kind. If your Submitted Item is displayed, performed, published, distributed, or used, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, offering, or otherwise providing, a Submitted Item, you hereby grant us a royalty-free, worldwide, perpetual license to use your name, likeness, photograph, or other biological information in connection with our exploitation of the Submitted Item.
2.9 Third-Party Providers. We use third-party service providers. By making use of some or all of our Website, or Services, you hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our Third-Party Service Provider(s) to the extent required to provide the Services to you. We reserve the right to change our third-party providers at our sole discretion. By using our Services, you agree to abide by the terms of service and privacy policies of our current Other Service Providers, which can be found at the following addresses: https://policies.google.com/privacy?hl=en.
2.10 Linked Content. Our Services may provide links to other sites by allowing you to access third-party material or by bringing third-party material into our Website via “inverse” hyperlinks and framing technology (a “Linked Site”). We have no discretion to alter, update, or control the content on a Linked Site. The fact that we have provided you a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through our Services, or obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content
2.11 No Endorsement. We provide an information exchange only as a service to you, and make no reorientations or warranties as to the qualifications, or fitness for your particular needs of any content posted or displayed. We do not endorse and are not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Website or Services, by any other party, or a Linked Site. We are not liable for any loss or damage caused by your reliance on information obtained through the Website or a Linked Site, or your reliance on any product or service obtained from a Linked Site, unless required by law.
2.12 Removal of Content. We reserve the right to remove without notice any content, Submitted Item, post or submission to our Website, or through our Services, for any reason, including posts that do not comply with our Community Standards. Failure to comply with Community Standards may result in the deletion of your account and the permanent prohibition from future use of our Website and Services.
2.15 Content Removal Requests- (DMCA). If you are the owner of a valid Copyright and seek to have content removed from our Services or Site, Pursuant to Title 17, United States Code, Section 512(c)(2), please send us the following information to Amanda Kizer at 1331 Chestnut St., Everett WA, 98201, [email protected], (425) 346-7921.
- Content Removal Notice Information. Please provide a description of the content you would like to us remove, identifying any copyrighted material you claimed to have been infringed. Be sure to include a statement sworn under the penalty of perjury that you have the good-faith belief that this content is infringing, along with sufficient information demonstrating your ownership of the content, or your authorization to act on behalf of the owner of an exclusive right that is allegedly infringed. Also include its location on our Website, such as URL address, and your contact information.
- Notice of Infringement. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. We may, within its sole discretion, terminate authorization of users of its Services who are repeat infringers.
Last Updated: May 27, 2023