The Boring (but important) stuff.

See below for privacy policy, terms and conditions, and other disclaimers my lawyer asked me to put on the website.

Privacy Policy

The KL Voigt Writing CO, LLC Privacy Policy explains: 

  • Who we are 

  • Information we may collect about you 

  • How we may use that information 

  • Disclosure of your details to third parties 

  • Our use of cookies 

  • Security of your personal information 

  • Your rights to access your personal information 

  • Notification of changes to our privacy policy 

  • Contact details and further information 

WHO WE ARE

KL Voigt Writing CO, LLC (“KL Voigt”) is a Limited Liability Company, registered in the Commonwealth of Massachusetts since 2021. 

Our mission is to provide offer journalism, content marketing, editing, and content strategy services for businesses in food, travel, and tech looking to grow their audience.  We also offer intensive content marketing course designed for writers ready to use their skills to help businesses grow

We are committed to protecting your personal information and to being transparent about the information we hold about you.   

We will use the information that we collect about you in accordance with: 

  • The Data Protection Act 1998

  • The Privacy and Electronic Communications (EC Directive) Regulations 2003

  • The General Data Protection Regulation (EU) 2016/679, which replaces the Data Protection Act 1998 from 25 May 2018 

  • 201 CMR 17

  • 801 CMR 3

If you have any questions, please contact hello [@] kaylalewkowicz.com

For our terms and conditions of sale, please see below.

INFORMATION WE MAY COLLECT

We collect different information about you in a number of ways: 

Information you give us 

When you create an account from our website, we’ll store the personal information you give us such as your name, email address, mailing address, phone number, and the course you have signed up to take.    We do not retain any payment card details beyond processing needs.

When setting up an account with KL Voigt, we may ask you to answer some random questions that only you will know the answer to. This information will be stored to enable us to do further security checks on occasion to confirm your identity.

Information about your interactions with us 

When you visit our website and our courses, we collect information about how you interact with our content.

We take note of the course you take and will store the results of your course work, the date you completed the course and the renewal date that the course should be taken again.

When we send you an email we store a record of this, and we keep a record of which ones you have opened and which links you have clicked on. 

We use social media to broadcast messages and updates.  Occasionally, we may reply to comments or questions you make to us on social media platforms.  

We may also make a note of conversations we have had with you in person, and/or of communications you send us. This helps us manage our relationship with you and ensures you only receive communications from us that are relevant and timely. 

Information from third parties 

KL Voigt may enter into contractual relationships with various third parties to better offer you services as part of their engagement. In the course of this relationship, relevant individual user and/or aggregate statistical information shall be stored and shared between the parties for purposes of record keeping, billing, verification, and other business uses. 

HOW WE MAY USE YOUR INFORMATION

There are three bases under which we may process your data: 

Contract purposes 

When you buy a service or product from us, you are entering into a contract with us. In order to perform this contract, we need to process and store your data.  For example, we may need to contact you by email or telephone in the case difficulties arise with our courses, or in the case of problems with your payment. 

Legitimate business interests 

In certain situations we collect and process your personal data for purposes that are in our legitimate organizational interests. However, we only do this if there is no overriding prejudice to you by using your personal information in this way. We describe below all situations where we may use this basis for processing. 

With your explicit consent

For any situations where the two bases above are not appropriate, we will instead ask for your explicit consent before using your personal information in that specific situation. 

MARKETING COMMUNICATIONS

We aim to communicate with you about the work that we do in ways that you find relevant, timely, respectful, and never excessive.  To do this, we use data that we have stored about you, such as when your certificate expires and provide you details about the course or other courses that might interest you. 

We use our legitimate organizational interest as the legal basis for communications by post and email.  We do not foresee any reason to conduct postal mailings at this time, but we wanted you to be aware that in the event that we believe it useful to you, we may do so in the future however you may opt out of receiving these at any time using the contact details at the end of this policy.   

In the case of email, we will give you an opportunity to opt out of receiving marketing communications during your first purchase with us. If you do not opt out, we will provide you with an option to unsubscribe in every email that we send you subsequently. Alternatively, you can use the contact details at the end of this policy or update your contact preferences in your online account with us. 

We may also contact you about our work by telephone or text/SMS message. You may opt out of receiving these at any time using the contact details at the end of this policy or by updating your contact preferences in your online account with us. Please bear in mind that this does not apply to telephone calls or text/SMS messages that we may need to make to you related to your purchases. 

OTHER ACTIVITIES

In addition to marketing communications, we also process personal information in the following ways that are within our legitimate organizational interests. 

We may analyze data we hold about you to ensure that the content and timing of communications that we send you are as relevant to you as possible. 

We may analyze data we hold about you in order to identify and prevent fraud. 

In order to improve our website, we may analyze information about how you use it and the content and ads that you interact with. 

In all of the cases above we will always keep your rights and interests at the forefront to ensure they are not overridden by your own interests or fundamental rights and freedoms.  You have the right to object to any of this processing at any time. If you wish to do this, please use the contact details at the end of this policy.  Please bear in mind that if you object this may affect our ability to carry out tasks above that are for your benefit. 

DISCLOSURE TO THIRD PARTIES

There are certain circumstances under which we may disclose your personal information to third parties. These are as follows: 

1) To other trusted third-party vendors providing services to KL Voigt, with approved privacy polices. In these cases, we require that these third parties comply strictly with our instructions and with data protection laws, for example around security of personal data. 

2) Where we are under a duty to disclose your personal information in order to comply with any legal obligation (for example to government bodies and law enforcement agencies). 

We do not sell personal details to third parties for any purpose. 

USE OF COOKIES

Cookies are small text files that are automatically placed onto your device by some websites that you visit. They are widely used to allow a website to function, as well to provide website operators with information on how the site is being used and what improvements we can make. 

SECURITY OF YOUR PERSONAL INFORMATION

Your debit and credit card information 

When you use your credit or debit card to purchase from us, we will ensure that this is carried out securely using accredited third-party services like Stripe, we will not store your payment details. 

Maintaining your personal information 

We store your personal information indefinitely such that for any subsequent purchases you make we are able to link them back to a single unique record that we hold for you on our system. 

Security of your personal information 

We will put in place appropriate safeguards (both in terms of our procedures and the technology we use) to keep your personal information as secure as possible.  We will ensure that any third parties we use for processing your personal information do the same.  

Your rights to access your personal information 

You have a right to request a copy of the personal information that we hold about you and to have any inaccuracies in this data corrected. Please use the contact details at the end of this policy if you would like to exercise this right. 

Notification of changes to our privacy policy 

This privacy policy may change from time to time. We keep our privacy policy on our website so that you can review it any time. 

CONTACT DETAILS

Please get in touch with us if you have any questions about any aspect of this privacy policy, and in particular if you would like to object to any processing of your personal information that we carry out for our legitimate organizational interests. 

Please contact us if you have any questions about our privacy policy or the information we hold about you, or to change your contact preferences with us by filling out this form.

TERMS + CONDITIONS

  1. INTRODUCTION

Please read these Terms of Use and the other Agreements described immediately below before registering for, accessing or using any portion of the KL Voigt Writing Co, LLC Program (the “Program,” which consists of all content and documentation relevant to the KL Voigt Writing Co, LLC seminars and courses) or any other websites, applications, programs or online or mobile products or services of KL Voigt Writing Co, LLC (collectively, the “Services”). The term “Services” includes the Program and all content and pages located within and accessible via the KL Voigt Writing Co website and web platforms, as well as any program material, program pages and platforms, directories and other electronic services available via the Site or any of the other Services. These Terms of Use are agreements (the Agreements) between you and KL Voigt Writing Co, LLC (“KL Voigt”). By registering for, accessing or using any Services, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user or have an account. If you do not understand or do not wish to be bound by the terms of the Agreements, do not register for, access or use any Services.

We may make changes to the Agreements at any time, but will alert you that we are doing so by giving notice via the Services or by some other means. By registering for, accessing or using any Services after any changes have been made, you signify your agreement to the modified Agreements and all of the changes, which will be effective immediately unless we notify you of a later effective date. If the changes are not acceptable to you, you should discontinue use of the Services as your sole remedy.

As used in these Terms of Use, “we,” “us” and “our” refer to KL Voigt.

2. PROGRAMS

Through the Services, KL Voigt offers online courses, programs or other offerings on various particular topics (each, a “Program”). KL Voigt reserves the right to cancel, interrupt or reschedule any Program or modify its content as well as any other information or services that may be provided in connection with any Program. Programs are subject to the Agreements, including without limitation the Warranty Disclaimer and Limitation of Liability sections below.

3. CONDUCT

You agree that you are responsible for your own use of the Services and for your User Content, as well as any content of others that you submit, post, contribute, publish or distribute on any of the Services. “User Content” includes all content, in whatever format, submitted, posted, contributed, published or distributed on any of the Services by a user, including but not limited to all notes, questions, answers, comments, text, pictures, videos and file uploads. In some Programs, users may contribute by speaking or appearing on camera, and User Content may include transmissions or recordings of a user’s voice and/or image. You agree that you will use the Services in compliance with the Agreements and all applicable local, state, national and international laws, rules and regulations, including privacy and copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.

THE FOLLOWING KINDS OF CONTENT (“PROHIBITED CONTENT”) ARE STRICTLY PROHIBITED ON THE SERVICES:

1. Content that defames, harasses, discriminates against, harms or threatens others;
2. Content that discusses illegal activities, with the intent to commit them;
3. Content that infringes or misappropriates intellectual property rights;
4. Content that you do not have the right to disclose;
5. Profane, pornographic, obscene, indecent or unlawful content;
6. Advertising or any form of commercial solicitation;
7. Content related to partisan political activities; and
8. Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.

KL Voigt reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.

In addition, you agree not to (a) use any of the Services in any manner intended to damage, disable, overburden or impair any part of any of the Services or the computer equipment or network(s) connected to any of the Services or to disrupt or interfere with any Program or any other user's use and enjoyment of any of the Services; (b) attempt to gain unauthorized access to any of the Services, other accounts, computer equipment or networks connected to any of the Services through hacking, password mining or any other means; (c) obtain or attempt to obtain any materials or information on or via any of the Services not intentionally made available through the Services; (d) copy or use any portion of any of the Services other than as expressly allowed under the Agreements; (e) use any high volume, automated, or electronic means to access any of the Services (including without limitation robots, spiders or scripts); (f) frame any of the Services, place pop-up windows over its pages, or otherwise affect the display of its pages; or (g) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through any of the Services.

If you participate in any Program, you agree to complete all work associated with each Program in which you may be enrolled with your own, original work and only your own, original work, and you agree not to engage in any activity that would dishonestly misrepresent your work. In addition, unless otherwise stated in the respective Program, you agree that information, documentation, Services, or other intellectual property provided in connection with each Program are for your individual use only. Copying, capturing, transmitting or providing all or any part of the information, documentation, Services, or other intellectual property to any other person infringes KL Voigt’s rights and is strictly prohibited. KL Voigt reserves the right to pursue any and all legal remedies against you if you violate this Agreement.

4. USER ACCOUNTS AND REGISTRATION

In order to participate in most Services, you must register for a personal account on the relevant Service (a “User Account”) by providing an email address and/or a password for your User Account, as well as any additional information required herein or on the relevant Service. If a virtual classroom program is offered by KL Voigt, participants in the virtual classroom program may not be required to register for a User Account. Instead, KL Voigt may choose to provide such participants with separate credentials necessary to register for and access the program (a “Login Credential”). You agree that you will never divulge or share access or access information to your User Account or Login Credential with any third party for any reason. You also agree that you will create, use, and/or access only one User Account or Login Credential, and that you will not access the Services using any User Account or Login Credential other than your own.

You agree to notify us immediately upon becoming aware of or suspecting any unauthorized use of your User Account or Login Credential. We will not be responsible for any loss or damage arising from unauthorized access to your User Account or Login Credential.

In registering for a User Account or obtaining a Login Credential, or completing an application and registering for a Program, you may be prompted or required to enter additional information, including but not limited to your name and location. Additional information may be required to confirm your identity, and different or additional information may be required depending on your use of the Services or enrollment in Programs. You warrant that all such information provided by you is accurate, current, complete, and complies with your obligations under the Agreements. You also agree to maintain and update such information to keep it accurate, current and complete. You acknowledge that if any such information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of any or all of the Services, in our sole discretion.

5. LICENSE GRANT + INTELLECTUAL PROPERTY

In consideration for your agreement to these Terms of Use, KL Voigt grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Services solely in accordance with the Agreements. KL Voigt may make KL Voigt Content (as defined below) available to you through the Programs or otherwise via the Services. You may obtain and use KL Voigt Content only for your own personal, non-commercial use in connection with the Services and participating in Programs. You may only copy and modify KL Voigt Content as necessary for your own personal, noncommercial use. You may not transfer, retransmit, distribute, publish, commercially exploit or create derivative works of KL Voigt Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate any of the Services. Notwithstanding the foregoing, certain reference documents, digital textbooks, articles and other information on the Services may be made available to you with the permission of third parties, and use of that third party material may be subject to certain rules and conditions, which we will post along with the material or otherwise inform you about. You agree to abide by all such rules and conditions.

“KL Voigt Content” means all content or other material, in whole or in part, available through the Programs or otherwise via the Services, including but not limited to lectures, speeches, discussions, comments, video lessons, presentation materials, homework assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files. All KL Voigt Content is the property of KL Voigt and/or its affiliates or licensors and is protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.

KL Voigt logos, trademarks and service marks that may appear in the Services ("Marks") are the property of KL Voigt Online and are protected under United States and foreign laws. All other trademarks, service marks and logos used in the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners.

KL Voigt and/or its affiliates and licensors reserve all rights not expressly granted herein to the Programs, Services, KL Voigt Content, and Marks.

6. SUBMISSIONS

The Services may provide you with the ability to upload or otherwise provide certain User Content. With respect to User Content you submit or otherwise make available in connection with your use of the Services, and subject to the KL Voigt Privacy Policy, you grant KL Voigt a fully transferable, worldwide, perpetual, royalty-free and non-exclusive license to use, reproduce, modify, adapt, make derivative works of, distribute, publicly perform, publicly display and otherwise disseminate and make available such User Content, in any manner or medium now known or later developed, and to authorize others to do any of the foregoing. You expressly acknowledge that your User Content may be visible to others and may include Personally Identifiable Information, as defined in the KL Voigt Privacy Policy. To the extent that you provide User Content, you represent, warrant to KL Voigt and agree that (a) you have all necessary rights to provide and use such User Content and permit KL Voigt to use such User Content as provided above; (b) as between you and KL Voigt, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content; and (c) such User Content does not and will not infringe or misappropriate any third party rights.

In connection with your participation in a Program, you may have the ability to access or download User Content of other users taking the Program and other users may have the ability to access or download your User Content. While KL Voigt requires all users to comply with these Terms of Use and the KL Voigt Privacy Policy in providing User Content, KL Voigt cannot guarantee such compliance or that any such User Content will be free of Prohibited Content, viruses, worms, back doors, Trojan horses or other harmful contaminants. KL Voigt disclaims any responsibility or liability relating to your access or download of such User Content.

The Services may also provide you with ability to upload or send information to KL Voigt regarding the Services (“Feedback”). By submitting Feedback, you hereby grant KL Voigt an irrevocable license to use, reproduce, modify, adapt, make derivative works of, distribute, publicly perform, publicly display and otherwise disseminate and make available such Feedback, in any manner or medium now known or later developed, and to authorize others to do the foregoing.

You acknowledge that we may screen User Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any User Content without any liability to you. Without limiting the foregoing, we have the right to remove any User Content that violates the Agreements or is otherwise objectionable in our sole and absolute discretion. You agree and acknowledge that we may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any User Content violates the rights of third parties, or protect our rights, property or personal safety or that of our Users and the public.

7. PAYMENT

Unless otherwise expressly agreed in writing by KL Voigt, full payment for participation in a Program is required at the time of registration. Specific payment requirements and related terms may be provided to you at the time of registration on the applicable Program-specific web page or otherwise on the applicable Service.

8. REFUNDS

If you withdraw before the start of a Program, you may be eligible, in KL Voigt’s sole and absolute discretion, for a refund of all or part of course expenses, minus a processing fee. If you withdraw after the start of the Program, or if you are found to be in violation of the Agreements or any other KL Voigt or Program-specific policy, you will not be issued a refund.

9. TERMINATION OF SERVICES

You agree that KL Voigt, in its sole discretion, may terminate your use of any or all of the Services or your participation in any Program, for any reason or no reason, and that KL Voigt shall not have any liability to you for any such action; provided, however, that if KL Voigt terminates your participation in a Program other than for cause (including, without limitation, your failure to comply with any term of the Agreements), you will receive a pro-rata refund of any fees you paid in connection with the Program. Without limiting any of KL Voigt 's other rights or remedies, it is KL Voigt 's policy to terminate in appropriate circumstances users of the Services who are repeat copyright infringers. KL Voigt will not be required to provide you any service or engage in any activity (including but not limited to providing you Programs and/or credentials or acknowledgements relating to same) if KL Voigt believes that the service or activity may violate any applicable law or regulation. You further acknowledge that for the purpose of any Program your sole relationship with KL Voigt is as defined in the Agreements. Termination does not give rise to any right to any grievance or other resolution process for disputes with KL Voigt. You agree that KL Voigt has the right to cancel, delay, reschedule, or alter the format of any Program at any time. If you no longer wish to participate in any Program or use any of the Services, you may terminate your participation upon notice to KL Voigt. The rights granted to you hereunder will terminate upon any termination of your right to use the Services or your participation in a Program, but the other provisions of the Agreements will survive any such termination.

10. LINKS

The Services may include hyperlinks to websites or applications maintained or controlled by others. KL Voigt is not responsible for and does not routinely screen, approve, review or endorse the contents or use of any of the products or services that may be offered at these websites or applications. If you decide to access linked third-party websites or applications, you do so at your own risk.

11. ELIGIBILITY

Account registration and participation in any Program or other Service is generally restricted to those individuals 18 years of age or older who are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. Individuals under 18 years of age but 13 years of age or older may be able to register for an account and participate in certain Programs or Services in limited instances in our discretion. In those cases, we may have additional requirements for registration or access, including, for example, approval of a parent or other authorized person. By registering for or participating in a Program or Service, you hereby represent that (i) you are 18 years of age or older and have the authority and legal capacity to enter into the Agreements, or (ii) you are 13 years of age or older, you are only registering for or accessing a Program or Service that we have expressly allowed people between 13 and 18 years of age to register for or access, and all additional requirements (such as parental approval) that we have established for registration or access by such people have been met. No one under the age of 13 years may participate in any Program or download or access any Service. In addition, those who wish to register and participate in any Program or other Service must meet any other minimum requirements set forth in the Agreements. Programs may have additional eligibility or admission requirements, as specified on the applicable Program section of the Services. If you do not qualify or do not agree to these terms, you may not use the Services.

12. CHOICE OF LAW + DISPUTE RESOLUTION

You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements, any Program or other Service, or any content obtained from or through any of the Services will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law principles. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Middlesex or Suffolk County, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

13. DISCLAIMER OF WARRANTY + LIMITED LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL PROGRAMS AND SERVICES (AS DEFINED AT THE OUTSET OF THESE TERMS OF USE) AND ANY RELATED INFORMATION OR PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KL VOIGT DOES NOT WARRANT THAT ANY SERVICE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE ANY SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, KL VOIGT DOES NOT WARRANT THAT (A) THE PROGRAMS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE PROGRAMS OR SERVICES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE PROGRAMS, SERVICES OR INFORMATION OBTAINED THROUGH OR FROM THE PROGRAMS OR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, SECURE OR RELIABLE, OR (D) ANY DEFECTS IN OR ON THE PROGRAMS OR SERVICES WILL BE CORRECTED. KL VOIGT MAKES NO REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SERVICES, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE PROGRAMS AND SERVICES MAY BE IMPAIRED.

EXCEPT INSOFAR AS THE FOLLOWING LIMITATION MAY BE PROHIBITED BY APPLICABLE LAW, KL VOIGT SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR EARNING POWER, LOSS OF DATA, LOSSES DUE TO ERRORS OR INTERRUPTION IN AVAILABILITY OF ANY SERVICES, UNAVAILABILITY OF ANY PROGRAM, SERVER OR COMMUNICATIONS FACILITY, OR DAMAGES DUE TO ACTS OR OMISSIONS OF OTHERS USING ANY SERVICE OR PARTICIPATING IN A PROGRAM), ARISING OUT OF OR RELATING TO THE AGREEMENTS, THE SERVICES OR THE PROGRAMS, INCLUDING WITHOUT LIMITATION YOUR AND OTHERS' USE OF OR INABILITY TO USE ANY SERVICE, OR YOUR PARTICIPATION IN ANY PROGRAM, OR YOUR SUBMISSION OR USE OF USER CONTENT, OR OTHERS’ USE OF YOUR USER CONTENT, OR YOUR INTERACTION WITH OTHER PROGRAM PARTICIPANTS (WHETHER ONLINE OR IN PERSON), OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY PROGRAM OR SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW. KL VOIGT’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE AGREEMENTS, THE SERVICES OR THE PROGRAMS (INCLUDING, WITHOUT LIMITATION, IN THE WAYS DESCRIBED IN THE PRECEDING SENTENCE), WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, WILL NOT EXCEED THE GREATER OF (1) THE TOTAL AMOUNT OF FEES RECEIVED BY KL VOIGT FROM YOU OR ON YOUR BEHALF FOR OR IN CONNECTION WITH THE SERVICES AND ANY PROGRAMS IN ANY TWELVE MONTH PERIOD OR (2) U.S.$100. THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT KL VOIGT HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND KL VOIGT, AND THAT THESE LIMITATIONS ARE ESSENTIAL TO KL VOIGT’S WILLINGNESS TO MAKE THE SERVICE AND PROGRAMS AVAILABLE TO YOU. EACH OF THESE DISCLAIMERS AND LIMITATIONS IS INTENDED TO BE SEPARATELY ENFORCEABLE, REGARDLESS OF WHETHER ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

FOR PURPOSES OF THE FOREGOING DISCLAIMERS AND LIMITATIONS, AS WELL AS THE INDEMNITY IN SECTION 14 BELOW, “KL VOIGT” INCLUDES THE MEMBERS OF KL VOIGT WRITING CO, LLC, AND ITS EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OR REGULATIONS OF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS, BUT THE PROVISIONS OF THIS AGREEMENT REMAIN IN EFFECT TO THE GREATEST POSSIBLE EXTENT.

14. INDEMNITY

You agree to indemnify and hold harmless KL Voigt (as defined for this purpose in Section 13 above) from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, relating to or arising out of (a) your use or attempted use of any of the Programs or other Services in violation of the Agreements; (b) your violation of any law or rights of any third party; or (c) information or content that you post or otherwise make available through any Program or otherwise via any of the Services, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

15. RELEASE + WAIVER

To the maximum extent permitted by law, you hereby release, hold harmless and agree to indemnify KL Voigt, , and its Members, officers, governing board members, employees, agents and representatives, from and against any present or future claims, losses, liabilities, costs and expenses for injury to person or property, and any other damage, which you may suffer, or for which you may be liable to any other person, related to the Program and/or the Services, resulting from any cause, including but not limited to negligence on your part or on the part of any of the released parties.

16. INTEGRATION

These Terms of Use and the Privacy Policy together constitute the entire agreement between you and KL Voigt with respect to your use of the Services, superseding any prior agreements between you and KL Voigt regarding your use of any of the Services. Some terms applicable to your registration for KL Voigt or your enrollment or participation in Programs may be provided to you at the time of registration or access or on Program-specific web pages. These additional terms may include, among other things, terms relating to the act of registering, specific fees or Program requirements. Your registration, enrollment or participation also shall be subject to your agreement and compliance with those additional terms.

18. WAIVER

The failure of KL Voigt to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms of Use shall remain in full force and effect.

19. ASSIGNMENT

KL Voigt may freely transfer or assign any portion of its rights or delegate its obligations under the Agreements. You may not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under the Agreements without the prior written consent of KL Voigt, and any attempted such transfer or assignment shall be void and of no effect.

Questions? Contact us here.