Terms & Conditions
CONDITIONS OF USE
Welcome to erinkyna.com! The erinkyna.com provides its services to you subject to the following conditions. If you visit erinkyna.com, you accept these conditions.
Please read them carefully.
PRIVACY
Please review our Privacy Policy, which also governs your visit to erinkyna.com, to understand our practices.
YOUR ACCOUNT
If you use this site and create a personal login for any forum or discussion or purchasing, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Erinkyna.com does NOT sell products for children, but it does sell them to adults, who can purchase with a credit card. Erinkyna.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
CANCELLATIONS AND REFUNDS OF DIGITAL SUBSCRIPTIONS
You can email Customer Care at erin@erinkyna.com; please allow up to 5 business days for a reply. Monthly Subscription: When you cancel a subscription based on a monthly cycle, you cancel only future charges associated with your subscription. You will not receive a refund for the current billing cycle. We reserve the right to issue refunds or credits at our sole discretion. If we give a refund or credit, we are under no obligation to issue the same or similar refund in the future.
NO MEDICAL ADVICE
The contents of erinkyna.com, such as video, blogs, articles, text, graphics, images, information obtained from erinkyna.com’s licensors, and other material contained on erinkyna.com (“Content”) are for informational and entertainment purposes only. The Content is not intended to be a substitute for professional, medical, health, nutritional or fitness advice, diagnosis, therapy or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition.
Never disregard professional medical advice or delay in seeking it because of something you have read, seen or heard on erinkyna.com.
If you think you may have a medical emergency, call your doctor or respective emergency number immediately. Erinkyna.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on erinkyna.com. Reliance on any information provided by erinkyna.com, erinkyna.com contractors, others appearing on erinkyna.com at the invitation of erinkyna.com, or other visitors to erinkyna.com is solely at your own risk.
Erinkyna.com may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use erinkyna.com.
REFUNDS FOR WORKSHOPS AND COURSES
Fees for workshops and courses are refundable up to 60 days prior to the first day of the workshops or course, with the exception of the non-refundable fees specified at the point of purchase.
ELECTRONIC COMMUNICATIONS
When you visit erinkyna.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of erinkyna.com, Erin Kyna and the contracted teachers signed with erinkyna.com.
LICENSE AND SITE ACCESS
Erinkyna.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of erinkyna.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of erinkyna.com. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of erinkyna.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising erinkyna.com’s name or trademarks without the express written consent of erinkyna.com. Any unauthorised use terminates the permission or license granted by erinkyna.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of erinkyna.com so long as the link does not portray erinkyna.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any erinkyna.com logo or other proprietary graphic or trademark as part of the link without express written permission.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information. So long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Erinkyna.com reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, including emails sent to official email addresses of erinkyna.com, Erin Kyna (including personal email addresses of principals and employees of erinkyna.com) or her agents, employees, affiliates or assigns, and unless we indicate otherwise, you automatically grant erinkyna.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant erinkyna.com and its affiliates and sub-licensees the right to use all information including, without limitation, the name, address, business name, phone number and email address that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by erinkyna.com and/or by any person authorised by erinkyna.com by any means and in all media now known or hereafter devised without payment or other references to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify erinkyna.com or its affiliates for all claims resulting from content you supply. Erinkyna.com has the right but not the obligation to monitor and edit or remove any activity or content. Erinkyna.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Any and all correspondence sent to erinkyna.com, Erin Kyna or her agents, contractors, affiliates or assignees, including any documentation, images, or personal information in the content of such correspondence, are considered the property of erinkyna.com. Erinkyna.com reserves the right to reproduce such correspondence, in whole or in part, in any media. You agree that you or your successors, licensees or assigns, will not at any time claim or assert that any information in connection with such content published by erinkyna.com or its affiliates constitutes a violation of any of your rights, including, without limitation, your right to privacy, publicity, false light, and the right to bring and prosecute an action for defamation. You hereby release erinkyna.com, Erin Kyna, its and her successors, assigns, licensees, agents, contractors and affiliates of and from any and all claims by or under your authority arising out of the publication of any correspondence you send to us.
CONTRIBUTIONS TO erinkyna.com
From time to time, if ever, erinkyna.com may expressly request submissions of ideas, concepts, stories or other potential content (“Contributions”) from you. Please carefully read any specific rules or other terms and conditions which appear on the website which govern those submissions. If no additional terms govern those submissions, then these Conditions of Use will apply in full to any Contributions you make.
By submitting your Contributions, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) erinkyna.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) erinkyna.com shall be entitled to use or disclose (or choose not to use or disclose such Contributions for any purpose, in any way, in any media worldwide; (d) erinkyna.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of erinkyna.com without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from erinkyna.com under any circumstances.
erinkyna.com COMMUNITY GUIDELINES
If you are interacting (and we hope you are!) with the Community portion of erinkyna.com, please use the following guidelines for what is appropriate posting. If our community moderators do not feel your content follows these guidelines, we will contact you. We reserve the right to remove any offensive or otherwise inappropriate content at any time.
1) Respect Everyone’s Privacy
Being part of this group requires mutual trust. Authentic, expressive discussions make groups great, but may also be sensitive and private. What’s shared in the group should stay in the group.
2) No Hate Speech or Bullying
Make sure everyone feels safe. Bullying of any kind isn’t allowed, and negative comments about things like race, religion, culture, politics, sexual orientation, gender/identity will not be tolerated.
3) Be Kind and Courteous
We’re all in this together to create a welcoming environment. Let’s treat everyone with respect. Healthy debates are natural, but kindness without judgment is required.
4) No Self-Promotions, Business Conducting, or Spam
Give more than you take to this group. Please no posts or comments with the intention of furthering one’s own personal, business growth or monetary gain. This includes links, promo codes, surveys, etc.
5) Please NO Solicitation
This includes trying to obtain customers via comments/dm’s, fundraisers, asking for donations, etc. We will remove these comments/posts as we want to maintain a sacred space of no-marketing.
6) Tell the Truth
No matter how hard it is, commit to always telling the truth in this space. Be honest with yourself and others and don’t create stories for attention.
7) Share Your Own Experience
When sharing in the group, be mindful to only share your own experiences and not the experiences of someone you know. This rule applies to comments as well as posting.
8) No Unsolicited Advice
We are here to hold space for each other, meaning we allow each other to be seen and heard, without automatically offering them advice if they don’t request it.
9) Be Mindful of Sensitive Content
Topics may be very heavy, so we ask that compassion and empathy take the lead when posting or commenting. Also, while optional, we suggest trigger warnings as a courtesy to those that may have PTSD.
10) Seek Professional Medical Help If Needed
While this is a beautiful space for gathering information and asking for advice, it does not take the place of professional medical help. If you need help finding resources, we can assist you.
FORUMS
Erinkyna.com may make certain forums available that allow registered users and visitors the opportunity to participate in moderated discussions and to post information on bulletin boards (collectively “Forums”). All participants in these Forums are solely responsible for the information and other content they post on and through these Forums and should be aware that when they voluntarily disclose personal information on or through these Forums, that such information is generally accessible to and may be collected and used by other participants and may result in unsolicited online and offline messages from such viewers. Participants in these Forums are encouraged to exercise discretion when providing personal information about themselves in and through Forums.
Erinkyna.com does not represent or warrant the truthfulness, accuracy or reliability of any material posted on or through the website by any party, nor does erinkyna.com endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement and do not represent the views of erinkyna.com.
NO ENDORSEMENTS
Erinkyna.com does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the website, nor does erinkyna.com endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement and do not represent the views of erinkyna.com.
RISK OF LOSS
All items purchased from erinkyna.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Erinkyna.com and its affiliates attempt to be as accurate as possible. However, erinkyna.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.
STANDARD CONTEST RULES
The following are the official rules for all contests/sweepstakes/giveaways on erinkyna.com, if any, unless otherwise noted. NO PURCHASE NECESSARY. PURCHASE
WILL NOT IMPROVE CHANCES OF WINNING.
All winners must be 18 years of age or older, unless otherwise stated and/or posted.
Winners of random email, Instagram, Twitter, or other contests will be chosen at random from emails, tweets, or other requested responses received. Entrants must send entries using the correct contest entry email address, subject line, and/or any other specific entry information and mode requested in the contest announcement. Erinkyna.com is not responsible for and will not consider incomplete or incorrect entries, or emails, tweets, or other modes of requested responses sent but not received by erinkyna.com for any reason, as potential contest winners. Winners of all contests will be contacted at the “sender” email address used to enter the contest, and the person receiving and replying to the winner announcement email or notification will be considered the winner. Only one entry per email address or twitter handle used to send the email, tweet, or other mode of requested response will be considered for contest entry, unless multiple entries are specifically allowed in the contest posting. Unless otherwise specified in an individual contest post, no person may enter any contest more than once using multiple email addresses or twitter handles.
By participating in any contest or sweepstakes offered on the website, you release erinkyna.com, the sponsor of the contest/sweepstakes/giveaway and their subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, and all other associated with the development and execution of any contest or sweepstakes, from any and against any and all injury, loss, or damage caused or claimed to be caused by your participation in the contest or sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that these entities are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the promotion and/or the awarding of any prize. You hereby agree to hold erinkyna.com and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on erinkyna.com, or any other use authorized under these Terms, of any photo or information submitted to the website by you.
Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred. If the specified prize becomes unavailable due to unforeseen circumstances, erinkyna.com may substitute a prize of like or equal value. Erinkyna.com reserves the right to alter any rules of any contest at any time.
Erinkyna.com may launch contests requiring entrants to send in photo, text or other content for display on the website which will be judged entirely at the sole discretion of erinkyna.com. By submitting any photo or information to erinkyna.com, you hereby grant to erinkyna.com and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition, the rights granted to erinkyna.com includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo.
By submitting any photo or information to erinkyna.com, you hereby represent and warrant that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to erinkyna.com herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. You acknowledge and agree that erinkyna.com shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that you submit to the website.
You understand and intend that any photo or information submitted by you to erinkyna.com may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to the website. By submitting any photo or information to erinkyna.com, you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you to the website. Photos or information submitted by you to the website shall be the property of erinkyna.com, and erinkyna.com shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted.
COPYRIGHT COMPLAINTS
Erinkyna.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately so that we may work with you to resolve the situation.
EXTERNAL LINKS DISCLAIMER
Erinkyna.com routinely contains links to external, third party websites. By providing links to other sites, erinkyna.com does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to erinkyna.com.
Erinkyna.com does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to erinkyna.com assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
MUSIC LICENSING
Music used in our videos has been paid for in accordance with international copyright law.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY erinkyna.com ON AN “AS IS” AND “AS AVAILABLE” BASIS. erinkyna.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, erinkyna.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. erinkyna.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM erinkyna.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. erinkyna.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, erinkyna.com, ITS LICENSORS, AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF erinkyna.com.
THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON erinkyna.com.
IN ADDITION, NO ORAL ADVICE OR WRITTEN INFORMATION TRANSMITTED OR COMMUNICATED BY erinkyna.com, ERIN KYNA, ANY AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. YOU AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH erinkyna.com, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF erinkyna.com OR ANY MATERIAL, INFORMATION OR PRODUCTIONS FOUND ON OR ASSOCIATED WITH erinkyna.com.
OUR SITES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER erinkyna.com NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, NUTRITIONAL, FITNESS, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless erinkyna.com, its parents, affiliates, contractors, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to erinkyna.com from and against all losses, injuries, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by you. Erinkyna.com reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with erinkyna.com in asserting any available defences.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to erinkyna.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Your continued use of the site will be deemed as irrevocable acceptance of any revisions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
HOW TO CONTACT
Please email erin@erinkyna.com with any questions or concerns regarding privacy or any policy contained herein.
© 2020 Erin Kyna. All rights reserved.