Terms & Conditions
By visiting krisshaffer.com, you are consenting to and accepting the Policies of this site, ‘Policies’ being referred to as a legally binding list of all Policies, Terms, and Conditions regarding The Website (“The Website” referred to in these policies being “krisshaffer.com”) and Kris Shaffer (“Kris Shaffer” encompassing The Website, digital and print collateral, and products). Policies may be updated at any time. By using the Services (“Services” collectively referring to The Website and social media sites as well as our publications, and additional services under Kris Shaffer) you acknowledge that it is your responsibility to review these Policies and be aware of any modifications. The following are the terms of service (“Terms”) for using The Website and Services.
1. Description of Services
Kris Shaffer (“we” or “our” or “us”) offers users (“user” or “you”) content and information via The Website, its social media sites, publication, products, and services (collectively referred to as “Services”).
2. Modification of Terms
Kris Shaffer reserves the right, at its sole discretion, to modify or replace these terms at any time. If the alterations constitute a material change to the terms, we will notify you by posting an announcement on The Website. What constitutes a material change will be determined at our sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Service shall constitute your acceptance of the modified Terms.
Additionally, when using particular features of the Services, you shall be subject to any posted guidelines or rules applicable to such Services.
Your access to and use of The Website and Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of The Website or for any other reason within or outside the control of Kris Shaffer. We reserve the right to suspend or discontinue the availability of The Website and/or any Service and/or remove any Content (“Content” referred to in these policies being text or visual media) at any time at our sole discretion and without prior notice. We may also impose limits on certain features and Services or restrict access to parts of or all of The Website and Services without notice or liability.
3. Age Restriction
You must be 13 years or older to use our Services. As a result, we do not specifically collect information about children. If we learn that we have collected information from a child under the age of 13, we will delete said information as quickly as possible. Eligible minors (“Minors” in these policies referring to users between the ages of 13-17) must ask and receive permission from their parent or legal guardian before using The Website or Services, which includes but is not limited to sending information about themselves or others over the Internet.
If the parent or legal guardian has authorized a minor to use the Website, that parent or legal guardian is responsible for the online conduct of such minor, and the consequences of any misuse of the website by the minor. Parents and legal guardians are warned that The Website may display Content containing nudity and/or violence that may be offensive to some.
4. User Conduct
All Content submitted to The Website is the sole responsibility of the user from which such Content originates and you acknowledge and agree that you, and not Kris Shaffer, are entirely responsible for all Content that you submit to The Website.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Kris Shaffer. By way of example and not as a limitation, you agree not to use the Services:
a. To abuse, harass, threaten, impersonate or intimidate any person;
b. To cause to be posted or transmitted any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
c. To post or transmit, or cause to be posted or transmitted, any Content designed or intended to obtain password, account, or private information from any Kris Shaffer user;
d. To create or transmit unwanted ‘spam’ to any person or any URL
e. With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access The Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of The Website or any activities conducted on The Website; or (iii) bypass any measures we may use to prevent or restrict access to The Website;
f. To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
To report suspected abuse of The Website or a breach of Terms (outside of copyright infringement which is addressed under “Copyright Policy” below) please send written notice to Kris Shaffer with headline inclusion “Suspected Breach of Terms.”
You are solely responsible for your interactions with other users of our Services. Kris Shaffer reserves the right, but has no obligation, to monitor disputes between you and other users.
5. Our Proprietary Rights
Kris Shaffer owns all rights to our logo, Kris Shaffer, Kris Shaffer, The Website, digital and print collateral, including any intellectual property rights related to them. You may not reuse, distribute, copy, or duplicate any part of Kris Shaffer and/or our collateral, including but not limited to the Kris Shaffer HTML/CSS, JavaScript, graphics, images, photographs, logos, downloadable PDFs, branded videos, or visual design elements without express written permission from Kris Shaffer.
6. Use Restrictions
The rights granted to you in these terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit Kris Shaffer, whether in whole or in part, or any content displayed on Kris Shaffer, (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of Kris Shaffer, (c) you shall not access Kris Shaffer in order to build a similar or competitive website or service, and (d) except as expressly stated herein, no part of Kris Shaffer may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means.
7. Copyright Policy
Kris Shaffer complies with the Digital Millennium Copyright Act (“DMCA”) and respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on The Website infringes the copyright or other intellectual property infringement (“Infringement”) of any person. We will terminate Content copyright infringers (i.e. removing or disabling access to the Content claimed to be infringing and/or terminating user access to The Website) when legally required or appropriate.
If your Content has not been correctly credited on The Website, you may contact us and credits will be rectified following our investigation into the provided information.
If you see your Content on Kris Shaffer platforms being used without your permission, you can send written notice to Kris Shaffer with headline “Copyright Infringement.” Your notice must comply with the DMCA.
For your request to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located; (d) Information reasonably sufficient to permit Kris Shaffer to contact you, such as your address, telephone number, and e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who submitted the affected Content. If you feel that your Content is not infringing, you may provide us with a counter notice in writing to the attention of “Copyright Infringement Counter Notification”. You must include in your counter notice sufficient information to enable Kris Shaffer to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking the advice of an attorney, for which we have no legal or financial obligation.
8. Content
All Content used across our Services is copyright of the associated Content Creator (“Content Creator” here being author of the published content) unless otherwise stated. If you wish to share, reference, quote or re-post Written Content, attribute your reference to Kris Shaffer, the Content Creator, and provide a link back to the original Content.
You recognize that any advice shared by Kris Shaffer is solely from personal experience or stems from personal opinion. You therefore release Kris Shaffer and its employees or contractors from any blame, claim and/or liability, damage, loss, or injury to person and property, which has been sustained as a consequence from using our Content and Services.
Our Services act as an informational resource and we cannot guarantee the outcome of following the recommendations provided on The Website or across our Services. By continuing to use our Services, you acknowledge that we cannot guarantee particular results, as such outcomes are based on subjective user factors outside of our control. Following any information or recommendations provided is done at your own risk.
We reserve the right to remove Content at any time. For more information regarding copyright, see “Copyright Policy” above.
We reserve the right to remove any comments that are inflammatory, inappropriate, and/or disrespectful or that we deem promotional spam, at our discretion. Note that if your comment contains too many links it may be automatically flagged as spam.
9. Downloads
The Website may occasionally provide downloads to users. This Content is for personal use, and is not licensed for commercial use. You may not resell, package or distribute these downloads or upload them to other websites.
Kris Shaffer is not responsible for corrupted files or inability for a user to access or use these downloads. We will not be held liable for any computer or service error you may encounter in the process of downloading, opening or using said downloads and Content.
If you wish to promote our available free downloads, you may link to The Website where a user may directly download this Content.
10. Affiliate or Referral Links
Some of the links contained on The Website may be affiliate and/or referral links. This means that we may receive a commission if you click on the link and/or make a purchase from the affiliated link. We only recommend products and services known to be both high quality and trustworthy, whether or not an affiliate relationship is in place.
If you would like to become an affiliate and/or would like to inquire about working with Kris Shaffer via referral links, contact us. Note this will not necessarily result in an affiliation or referral link, though all inquiries are appreciated.
11. Advertising, Sponsored Posts and Giveaways
Sponsored posts are written in the voice of Kris Shaffer, and sponsored posts are not free of charge. You can contact us in regard to product or service samples and sponsored posts. Note that contacting us will not necessarily result in a response or a sponsored post, and also note that samples cannot be returned.
All giveaways are subject to state and federal sweepstakes laws.
12. Third Party Services
Kris Shaffer utilizes third party services. Our Services may provide, or third parties may provide, links to other websites or resources (e.g. affiliate or referral links, etc.). Because we have no control over such sites and resources, you acknowledge and agree that Kris Shaffer is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Kris Shaffer 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 site or resource.
You have the option to use or to not use the following third-party services while still maintaining use of The Website:
a. Social Media: While Kris Shaffer has a page, account or channel on which you can follow, “like,” comment and otherwise interact with us on social media websites (e.g. Facebook, Instagram, LinkedIn), these websites or apps are neither owned nor operated by Kris Shaffer. The account(s) you use to interact with us on social media platforms is/are separate from and is/are not linked to Kris Shaffer and are therefore subject to separate terms and conditions of use. Kris Shaffer is not responsible for your social media account(s) or social media profile(s). We do not have access to or control over your personal social media accounts. We do have the ability to remove comments, and the ability to prevent users from accessing our social media platforms, The Website, and Services.
b. Newsletter: Signing-up for or “subscribing to” and receiving The Newsletter is not a membership service; we offer an optional newsletter through Mailchimp.com, a third-party mail service provider. Your newsletter profile information (e.g. name, email address, website URL, birthdate, etc.) is stored on the server of the third-party mail service provider Mailchimp.com.
To stop receiving The Newsletter, use the “unsubscribe” link in the bottom of any Kris Shaffer email. You can also change your subscriber profile information by clicking the “update your preferences” link found at the bottom of any Kris Shaffer email. Note that you will still receive all system e-mails outside of The Newsletter.
c. Website: Your security is of the utmost importance to us. The Website is built on and hosted by Squarespace.com, which is subject to its own terms and conditions for use. Squarespace uses Cookies to help the Website run effectively and provide the best experience. Please refer to our Privacy Policy for more information about cookies, secure sockets layer (SSL), and how we protect your privacy online.
13. Security and Responsible Disclosures
We do our best to protect our Service from security vulnerabilities, and to make Kris Shaffer better. You can read about security and your privacy in our Privacy Policy.
14. Consent to Collection and Use of Data
You consent to the collection, use, processing, and storage of information such as cookies and information regarding type of device and browser you are using to access The Website, in addition to other information as described in the Privacy Policy. You acknowledge and agree that you are responsible for obtaining all necessary consents, and for complying with all applicable laws (including privacy and data protection laws), related to personal information provided to us in connection with your use of the Service.
Please be aware that third parties (e.g. social media platforms or other company websites that we may link to on The Website) are responsible for their own privacy practices. Be sure to read the privacy policies, supplemental notices, and settings of all websites or platforms that you visit to understand their practices and your options.
You acknowledge that any data storage functionality of the Service is not intended for the storage of Social Security numbers, credit or debit card numbers, financial account numbers, driver’s license numbers, medical information, health insurance information, sensitive data about personal characteristics or other personal data that may pose a risk of harm to the individual if improperly disclosed (collectively, “Sensitive Personal Information”). You agree not to upload or otherwise submit any Sensitive Personal Information to us in connection with the Service. You agree that we have no responsibility or liability with respect to any such Sensitive Personal Information that is processed, transmitted, disclosed, or stored in connection with the Service.
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you use the Service at your own risk.
You are fully responsible for all interactions with the Service that occurs in connection with your registration information (including, without limitation, all purchases). You agree to immediately notify us of any unauthorized use of your information or any other breach of security related to the Service, and to ensure that you "log off"/exit from your account with the Service (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
You acknowledge and agree that Kris Shaffer servers and operations are in the United States. As a result, regardless of where you live, your Content and/or information is transferred to and stored in the United States, and you hereby consent to the transfer, processing, and storage of your Content in the United States.
15. Release and Indemnity
You hereby expressly and irrevocably release and forever discharge Kris Shaffer, its affiliated and associated companies, and respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of The Website and Services.
You hereby agree to indemnify and hold harmless Kris Shaffer, affiliated and associated companies, and respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or access information, or (iv) any violation of any rights of a third party.
16. Termination
Kris Shaffer may terminate or suspend any and all Services and/or your access account (e.g. WordPress.com for use with comments, or IP address) immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your access, your right to use the Services will immediately cease. If you wish to terminate your access, you may simply discontinue using the Services. 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.
17. WARRANTY DISCLAIMER
YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. KRIS SHAFFER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KRIS SHAFFER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
18. LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER KRIS SHAFFER NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. KRIS SHAFFER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, KRIS SHAFFER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
YOU AND KRIS SHAFFER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF KRIS SHAFFER AND ALL PARTIES TO ANY SUCH PROCEEDING.