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Terms & Conditions

 

This Subscriber Agreement (the "Agreement") explains the terms and conditions governing your use of the www.ManagingTheGift.com and/or www.MyDrKevin.com website, technology, and any other content available on the website. Please read the whole thing. All subscribers must read this agreement carefully and agree to all of the terms and conditions herein before registering and using the www.ManagingTheGift.com and/or www.MyDrKevin.com websites.

 

By joining, you accept these terms and conditions and acknowledge that the Www.ManagingTheGift.com and/or www.MyDrKevin.com website is subject to certain limitations set forth below. If you do not wish to accept this agreement, do not proceed with the registration. By registering you agree to use the Www.ManagingTheGift.com and/or www.MyDrKevin.com website in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below.

 

You as a potential subscriber to Www.ManagingTheGift.com and/or www.MyDrKevin.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on the behalf of ManagingTheGift.com and or MyDrKevin.com. You will not make any statement, whether on your Www.ManagingTheGift.com and/or www.MyDrKevin.com web site or otherwise, that reasonably would contradict anything in this Agreement.

 

1. Services

 

(a) Generally. Subscribership to the Www.ManagingTheGift.com and/or www.MyDrKevin.com website provides registered Subscribers (each a "Subscriber") with the package of content, tools, and services described below ("ManagingTheGift.com and or MyDrKevin.com(s)"). You understand and agree that Www.ManagingTheGift.com and/or www.MyDrKevin.com may, at its discretion, add or delete any features included as a part of the Www.ManagingTheGift.com and/or www.MyDrKevin.com website at any time.

 

(b). Www.ManagingTheGift.com and/or www.MyDrKevin.com may from time to time offer other tools and services which are not part of the Standard Service.  These tools and services, for which a fee will apply, are not included in the www.ManagingTheGift.com and/or www.MyDrKevin.com Standard Service.

 

2. Restrictions and Description of Prohibited Acts

 

(a) You agree that you will never promote or provide instructional information about: illegal activities, or activities that can lead to physical harm to any group or individual. You may not use the ManagingTheGift.com and or MyDrKevin.com sites in any high-risk activities where damage or injury to persons, property, environment, or business may result if an error occurs. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.

 

(b) You agree that you will never conduct the following types of activities on the site such as: gambling; sweepstakes; raffles; lotteries; contests, pyramid, or Ponzi schemes; and/or unsolicited commercial email (spam).

 

3. Payment Terms (a) The Www.ManagingTheGift.com and/or www.MyDrKevin.com Standard Service, as described in Section 1, will be billed immediately by ManagingTheGift.com and or MyDrKevin.com. Unless there is a "Free Trial Period" shown on this page, in which case you will be billed the ending day of your "Free Trial Period". Your next billing will be one month, six months or one year later (depending on subscription) and continuing every month, six months or year later (depending on subscription) for the current monthly, six month or yearly price (depending on subscription) until termination of this agreement occurs. Www.ManagingTheGift.com and/or www.MyDrKevin.com reserves the right at its sole discretion and as it deems appropriate to add or remove certain services it offers and change its fees for any services in accordance with the above sections.

 

4. You agree to notify Www.ManagingTheGift.com and/or www.MyDrKevin.com immediately if you suspect unauthorized use of the ManagingTheGift.com and or MyDrKevin.com, your credit card, or your password.

 

5. Changes to the Terms and Conditions Www.ManagingTheGift.com and/or www.MyDrKevin.com may occur at any time, with notice of not less than thirty (30) days, change its fees and change the terms of this Agreement. Your use of the Www.ManagingTheGift.com and/or www.MyDrKevin.com website after the effective date of a change constitutes your continued acceptance of the terms of this agreement, the ManagingTheGift.com and or MyDrKevin.com, and its fee schedule.

 

6. Www.ManagingTheGift.com and/or www.MyDrKevin.com Rights

 

(a) Communications.  Www.ManagingTheGift.com and/or www.MyDrKevin.com reserves the right to communicate with all Subscribers regardless of their email subscriptions in the event that important messages need to be communicated to Subscribers, including, but not limited to, service outages, material changes or modifications to the service, and notice of changes to the Subscriber Agreement.

 

7. Term/Termination

 

(a) Term. This agreement shall be effective upon when you click on the Submit button and shall continue unless and until terminated.

 

(b) Www.ManagingTheGift.com and/or www.MyDrKevin.com may at any time without notice to you discontinue any or all aspects of the Www.ManagingTheGift.com and/or www.MyDrKevin.com website or restrict your use of the Www.ManagingTheGift.com and/or www.MyDrKevin.com website in whole or in part for any breach of this Agreement by you; or if Www.ManagingTheGift.com and/or www.MyDrKevin.com determines in its sole and exclusive judgment that terminating your use of the Www.ManagingTheGift.com and/or www.MyDrKevin.com website is necessary for security reasons or for proper continued operation of the ManagingTheGift.com and or MyDrKevin.com; or your use of the Www.ManagingTheGift.com and/or www.MyDrKevin.com website or Technology is not for legitimate business purposes, or your use of the Www.ManagingTheGift.com and/or www.MyDrKevin.com website violates any laws or regulation; or if Www.ManagingTheGift.com and/or www.MyDrKevin.com receives information that the Www.ManagingTheGift.com and/or www.MyDrKevin.com website or your use of the Www.ManagingTheGift.com and/or www.MyDrKevin.com website (or any part thereof) may violate any third-party right.

 

(I) Www.ManagingTheGift.com and/or www.MyDrKevin.com may at any time, modify or discontinue any or all aspects of the Www.ManagingTheGift.com and/or www.MyDrKevin.com website or restrict your use of the Www.ManagingTheGift.com and/or www.MyDrKevin.com website in whole or in part for Www.ManagingTheGift.com and/or www.MyDrKevin.com 's convenience.

 

(II) Www.ManagingTheGift.com and/or www.MyDrKevin.com may at any time, with ten (10) days notice to you, modify or discontinue any or all aspects of the Www.ManagingTheGift.com and/or www.MyDrKevin.com website if the credit card number you provide Www.ManagingTheGift.com and/or www.MyDrKevin.com expires, or if Www.ManagingTheGift.com and/or www.MyDrKevin.com is unable to charge valid charges to that credit card number, or if you otherwise fail to make payments due to Www.ManagingTheGift.com and/or www.MyDrKevin.com hereunder.

 

(III) Upon termination of this Agreement, all rights granted to you under this Agreement shall terminate immediately. If Www.ManagingTheGift.com and/or www.MyDrKevin.com terminate this Agreement or suspends your access to the ManagingTheGift.com and or MyDrKevin.com, you will remain liable for the full charge for the period during which we terminate or suspend your ManagingTheGift.com and or MyDrKevin.com. Following such termination or suspension, you agree not to reregister for or otherwise access the Www.ManagingTheGift.com and/or www.MyDrKevin.com without Www.ManagingTheGift.com and/or www.MyDrKevin.com 's prior written approval. Www.ManagingTheGift.com and/or www.MyDrKevin.com reserves the right to delete any data files associated with your use of the Www.ManagingTheGift.com and/or www.MyDrKevin.com website upon termination of this Agreement.

 

(c) Termination by You. You may terminate this Agreement immediately for any reason at any time. You will remain liable for the full charge for the period during which you terminated this Agreement and for all usage-based fees through the effective date for termination of this Agreement.

 

9. Indemnification You agree to indemnify Www.ManagingTheGift.com and/or www.MyDrKevin.com and hold Www.ManagingTheGift.com and/or www.MyDrKevin.com harmless against any and all liabilities, cost, and expenses, including reasonable attorney's fees related to or arising from: (i) your use of the Www.ManagingTheGift.com and/or www.MyDrKevin.com website in a way that is prohibited or restricted under this agreement; (ii) infringement of any copyright, trademark, intellectual property, or other right or patent by any material you post or use on these Sites; (iii) any breach by you of this agreement; and/or (iv) any indecent, obscene, or libelous material posted in the forum or other areas of the site.

 

10. Reporting Violations. Www.ManagingTheGift.com and/or www.MyDrKevin.com does not actively monitor the content of Subscriber Sites but will investigate complaints of a violation of third-party rights.

 

11. Proprietary Rights As between the parties, Www.ManagingTheGift.com and/or www.MyDrKevin.com acknowledges that it claims no proprietary rights in Subscriber's content or any intellectual property right contained therein.

 

13. Limitation on Liability (a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM, TECHNOLOGY, OR CONTENT AVAILABLE ON THE MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM, WEBSITE("MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM, AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NONACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM, (II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

(a) THE AGGREGATE LIABILITY OF MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM, AND THEIR AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM, DURING THE TERM OF THIS AGREEMENT FOR ANY MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM,  WEBSITE OR TECHNOLOGY.

 

(b) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

(c) IN NO EVENT IS MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM, OR ANY OF THEIR  AFFILIATES LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM, CONTROL.

 

(d) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION, AND/OR OTHERWISE.

 

14. Warranties/Disclaimers:

 

(a) Www.ManagingTheGift.com and/or www.MyDrKevin.com warrants that, if a Subscriber is dissatisfied in any way with the ManagingTheGift.com and or MyDrKevin.com, Technology, or Content provided on or through the ManagingTheGift.com and or MyDrKevin.com, upon notice from you we will terminate the Agreement. This is your sole and exclusive remedy for any breach of the above warranty. 

 

(b) ALL MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM, CONTENT, AND TECHNOLOGY PROVIDED IN ASSOCIATION WITH THE MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM, WEBSITEARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

 

(c) MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM, DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO YOUR INFORMATION. MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM, AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES.

 

(d) THE DOCUMENTS AND GRAPHICS APPEARING ON THE MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM,  WEBSITE MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION; THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE MANAGINGTHEGIFT.COM AND OR MYDRKEVIN.COM,

 

15. Miscellaneous (a) This Agreement shall be governed by and construed in accordance with U.S. federal and Arizona laws, excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. You agree to submit to the exclusive jurisdiction of the federal and state courts of the state of Arizona, which are located in Phoenix, Az. If local laws prohibit your participation in any part of the ManagingTheGift.com and or MyDrKevin.com, or use of them, then you are responsible for complying with such laws and the terms of this Agreement.

 

(b) Any and all disputes between you and Www.ManagingTheGift.com and/or www.MyDrKevin.com will be settled by arbitration in Phoenix, Az. in accordance with the regulations of the American Arbitration Association then in force, and you agree that all negotiations, discussions, and settlements shall be subject to obligations of confidentiality and shall not be disclosed to any third party.

 

(c) If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

 

(d) All notices to you shall be in writing and shall be made either via email or conventional mail, or by posting such notices on the ManagingTheGift.com and or MyDrKevin.com. Www.ManagingTheGift.com and/or www.MyDrKevin.com may broadcast notices or messages through the Www.ManagingTheGift.com and/or www.MyDrKevin.com website to inform you of changes to this Agreement, the ManagingTheGift.com and or MyDrKevin.com, or other matters of importance; such broadcasts shall constitute notice to you. All notices to Www.ManagingTheGift.com and/or www.MyDrKevin.com from you must be made in writing via email addressed to info - at - ManagingTheGift.com and or MyDrKevin.com.

 

(e) Www.ManagingTheGift.com and/or www.MyDrKevin.com 's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Www.ManagingTheGift.com and/or www.MyDrKevin.com in writing.

 

(f) This Agreement comprises the entire agreement between you and Www.ManagingTheGift.com and/or www.MyDrKevin.com and supersedes all prior agreements between the parties regarding the subject matter contained herein.

 

(g) Your Subscribership in the Www.ManagingTheGift.com and/or www.MyDrKevin.com website and any of your rights hereunder may not be assigned or transferred to any third party. Www.ManagingTheGift.com and/or www.MyDrKevin.com reserves the right to assign this agreement to any third party that acquires all or substantially all of its relevant business or assets.

 

(h) The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

 

(i) You represent and warrant that you are over the age of 18 years, have read this Agreement, and agree to be bound by its terms and conditions.

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