1. Introduction.

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “LetsGetKomfy.com”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions. Komfy LLC is the owner of this website. 

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This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

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   2. Intellectual Property Rights.

Other than content you own, which you may have opted to include on this Website, under these Terms, Komfy LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,

   

   3. Restrictions.

You are expressly and emphatically restricted from all of the following:

1. publishing any Website material in any media;

2. selling, sublicensing and/or otherwise commercializing any Website material;

3. publicly performing and/or showing any Website material;

4. using this Website in any way that is, or may be, damaging to this Website;

5. using this Website in any way that impacts user access to this Website;

6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Komfy LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

 

   4. Your Content.

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Komfy LLC a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

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Your Content must be your own and must not be infringing on any third party’s rights. Komfy LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

 

   5. No warranties.

This Website is provided “as is,” with all faults, and Komfy LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

 

   6. Limitation of liability.

In no event shall Komfy LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Komfy LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

 

   7. Indemnification.

You hereby indemnify to the fullest extent Komfy LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

 

   8. Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

   9. Variation of Terms.

Komfy LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

 

   10. Assignment.

Komfy LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

   11. Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Komfy LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

 

   12. Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the State of Delaware, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Delaware for the resolution of any disputes.

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Your Conduct

1. Should you choose to post anything on our Website, social media pages, webinars, or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyber bullying, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.

2. You may use our Website for lawful purposes only, and agree you will not post, comment, or otherwise transmit any content which infringes the rights of another, and agree to hold us harmless should you do so. You also agree and understand you are not to post any content which would constitute a criminal offense, use the Website or content for fraudulent or unlawful purposes, create civil liability, is repugnant, constitutes a violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise objectionable. You agree that we are the sole decider in whether content you post is objectionable, and have the unilateral right to remove any content you post, without explanation or ramifications. You also understand that we may be obligated to take further legal action, based upon information you post, and reserve our right to do so. Should a third party choose to take legal action against you, as a result of something you posted on our Website, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.

 

Use of Free Materials or Content

1. From time to time, you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide Christy Westerfeld credit, and will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.

 

Disclaimer

1. The purpose of this Website is solely to provide educational information to those wishing to view it. Any Content on this Website, or Content you receive because of your decision to opt-in to our email list has been created solely for educational and informational purposes. We cannot and do not guarantee any type of specific results, outcomes, changes, protections, or gains through use of our Website or products contained therein, whether legal, financial, or otherwise, nor are we making any guarantees regarding the success of your business, any coaching program, or any results stemming therefrom. You understand and agree to this, and acknowledge that your use of any information contained herein is purely voluntary, and at your own risk.

2. You understand and agree that our Website and the Content and Products produced are not to be relied upon in any way as legal, financial, or business advice. Nothing on this Website, in our products, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a local lawyer, financial advisor, business consultant, or other expert regarding the details of your specific business or legal/financial issue(s). You are encouraged to consult with your own professionals for any questions you may have regarding your particular business or situation regarding legal, business, medical, or financial questions, or any similar professional that may address your own individual situation.

3. You also understand and acknowledge that I am not a doctor, therapist, psychic, accountant, nurse, counselor or any other medical professional, nor do I hold myself out to be. Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any such professional.

4. Your decision to visit our Website, use information contained herein, and purchase products we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business resulting from direct or indirect use of materials or content contained on our Website. You agree to hold Christy Westerfeld, as an individual and Sole Proprietor, harmless from any damages directly or indirectly resulting from your use of content or products on our Website or distributed through email, and agree you will not make any claims against her or the company herein.

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Technology Disclaimer

1. By using our Website, you understand and agree that Kathryn Gayton and www.letsgetkomfy.com make no guarantees or warranties regarding the condition of our Website, including functionality, existence of viruses or other components that may harm users’ computers, uninterrupted use, constant access and availability, and the like.

2. We will make every effort to make our Website and membership site available to you at all times; however, from time to time the Website and/or membership site may be down for maintenance, repairs, as a result of “crashing” or overuse, or any other reason, known or unknown to you, and you agree and understand that this may occur without explanation. Should this occur, you understand, agree, and acknowledge we are not liable for any damages, losses, interruption in your business, or other inconvenience sustained by you as a direct or indirect result of the unavailability of our Website or membership site. We do not owe you an explanation, refund, or any reimbursement, nor do we have any obligation to you to continue running our Website or membership site, and you agree to simply check our Website or membership site at a later date to confirm when it has been relaunched.

3. We may also make the unilateral decision to change or discontinue all or part of our Website, its Content, our membership site, or any portion thereof without notice before or after, and such Content may thereafter be unavailable. The Website, membership site, and any and all content and products made available are offered on an “as is” basis, with no additional attachment or warranties therein. You understand and agree we are not obligated to you to continue running all or part of our Website, membership site, or any content therein, or any particular products being offered for sale, nor shall we be liable for any harm to your business or personal self as a direct or indirect result of a decision to alter, remove, or change Content without notice.

 

Information You Provide

1. In order to gain access to our email list or membership site, you may be required to provide information about yourself, including your name, email address, and other personal information. In order to purchase products, you will also be required to submit payment information and a billing address, and be asked to create a username and password to gain access to your purchased materials. Please note you are responsible for keeping track of your username and password, and understand that you bear the consequences should you choose to share this confidential information with anyone.

2. You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through www.letsgetkomfy.com, to Kathryn Gayton, or via the membership site, will be accurate and current, and belong to you alone. You understand you may not hold yourself out as someone else or use anyone else’s information, and agree to bear the consequences should you use anyone else’s information as your own. Should you choose to impersonate another, you understand this may constitute a legal violation and understand and agree you will be financially responsible for any consequences therein, and agree to hold Kathryn Gayton and www.letsgetkomfy.com harmless from any resulting legal action.

3. You also agree that you are to remain financially responsible for any purchases made through www.letsgetkomfy.com by you, or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available at a later date confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Website.

 

Online Purchases

1. You understand that should you elect to make a payment through our website, information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company.

2. You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our products to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.

3. Limitations of Liability: We will take reasonable precautions and take measures to keep this information private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if Christy Westerfeld was made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.

4. You also acknowledge and agree that we have no responsibility or liability for policies of third party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company. For more information, we encourage you to visit the website of the payment processing company, and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Website or Membership Site.

 

Indemnification

1. You agree at all times to defend, fully indemnify and hold harmless Kathryn Gayton, www.letsgetkomfy.com, and any affiliates, agents, team members or other party associated with Kathryn Gayton from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Website or membership site, as well as any third party claims of any kind (including attorney’s fees) arising from your actions in relation to our Website or any breach by you of any such conditions outlined herein. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.

2. We will attempt to monitor comments and posts made by third parties and users as often as possible. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control, and agree to release us of any and all claims arising therefrom.

3. Should you choose to utilize information offered on our website, whether free or for purchase, you understand that we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Website, or from products purchased therefrom. You also understand and agree that we are not liable for any damages incurred as a result of your reliance or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Website or membership site.

 

Limitation of Liability

1. You understand and agree that the information offered via www.letsgetkomfy.com is general information that may not be suitable for all businesses, locations, countries, or persons in specific situations. You understand that your decision to use any information contained herein is purely voluntary, and agree to consult with your own local professional should you have any specific questions pertaining to the applicability of the information to your specific business or personal situation. Should you choose to purchase information via www.letsgetkomfy.com, you understand and agree that we have no way of knowing it’s specific applicability to your business, and you agree and understand you will hold us harmless from any direct or indirect damages or harm as a result of choosing to utilize information found on or purchased from our Website. We are not responsible for any result stemming from your decision to use information provided by us, nor are we responsible for your legal protection, income or finances, earnings, business, clientele, client base, or any other result, and you agree we are not liable for any such damages or losses incurring therefrom.

2. You understand and agree that Kathryn Gayton is not to be held liable for any type of direct or indirect damages arising out of your use of our Website, any information contained herein, or any products purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that Kathryn Gayton is not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Website, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.

3. You also understand and agree that Kathryn Gayton and www.letgetkomfy.com make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our membership site. By use of this Website or membership site, all users agree and understand that use of content and information found herein is to be used at his/her own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.

 

Release of Claims

1. You also agree that under no circumstances will we be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on our Website or any information or Content found therein, and you hereby release us from any and all claims whether known now or discovered in the future.

 

Termination

1. You agree and understand we have the right to refuse or immediately terminate your access to our Website at any time, for any reason, with or without notice. Should this occur, we do not owe you an explanation, nor is this decision subject to any appeals or legal action. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you in a way we see fit, which you agree will be satisfactory to you.

 

Dispute Resolution

1. These Terms and Conditions shall be governed by the laws of the State of Delaware. Should any dispute arise, you agree to resolve any claim or controversy arising out of or relating to these Terms and Conditions by Mediation in Newark, Delaware, by the American Arbitration Association, Dispute Resolution Services, and agree to be bound by the decision(s) of the selected Mediator. You also agree to participate in good faith in the mediation process, with failure to do so creating our right to pursue any other available legal remedies, including but not limited to alternate forms of dispute resolution or litigation.

2. Should an arbitrator determine any portion of these Terms and Conditions is invalid or otherwise unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and unaffected by the removal of any portion of these Terms and Conditions.

3. These Terms and Conditions constitute the entire agreement between you and Kathryn Gayton with respect to your use of our Website, content, and products, and supersedes any other agreement, with the exception of any separate agreements, including Terms of Use, entered into by virtue of your decision to purchase any products available on our Website. Nothing on our Website nor any communications between us is to be construed as a waiver of any of the above, nor shall Kathryn Gayton be deemed to have waived any portion of these Terms and Conditions absent express, written information by Kathryn Gayton expressly stating otherwise.

 

Should you have any questions with respect to any of the foregoing, please contact us at kaitmanson@gmail.com.

Updated May 2021

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