Terms of Service

Agreement to Terms

Welcome to Kenzie Notes (www.kenzienotes.com), operated by Kenzie Creative (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, newsletter, and services.

By accessing or using our website, subscribing to our newsletter, or purchasing our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our website or services.

We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with an updated “Last Updated” date. Your continued use of our website or services after changes are posted constitutes your acceptance of the modified Terms.

Use of Our Website

Permitted Use

You may use our website for lawful purposes only and in accordance with these Terms. You agree not to:

• Use our website in any way that violates any applicable federal, state, local, or international law or regulation
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
• Attempt to gain unauthorized access to any portion of the website or any systems or networks connected to the website
• Use any automated system (including robots, spiders, or scrapers) to access the website without our express written permission
• Transmit any viruses, malware, or other malicious code
• Collect or harvest any personally identifiable information from the website without permission
• Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity

Intellectual Property Rights

All content on our website, including text, graphics, logos, images, audio clips, video, data compilations, and software, is our property or the property of our content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may access and view content from our website for your personal, non-commercial use only. You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from our website without our prior written consent
• Use any content from our website for commercial purposes without a license or written permission from us
• Remove or alter any copyright, trademark, or other proprietary notices from content

Newsletter Content: Our newsletter articles, frameworks, and insights are protected by copyright. You may share links to our newsletter, but you may not reproduce, republish, or distribute the full content without our permission.

Course and Workshop Materials: Materials provided as part of paid workshops, courses, or consulting engagements are licensed to you for personal or internal business use only and may not be shared, resold, or redistributed.

Newsletter Subscription

Free Newsletter

Our newsletter, Kenzie Notes, is provided free of charge to subscribers. By subscribing, you agree to:

• Provide accurate and current email information
• Receive weekly newsletter emails and occasional updates about our services
• Understand that we use Kit (formerly ConvertKit) as our newsletter platform, and your subscription is subject to Kit's terms and privacy practices

You may unsubscribe at any time by clicking the “unsubscribe” link in any email or by contacting us directly.

No Guarantee of Delivery

While we make reasonable efforts to deliver our newsletter reliably, we do not guarantee that emails will be delivered to your inbox or that they will be delivered at any specific time. Delivery may be affected by email filters, server issues, or other technical factors beyond our control.

Disclaimers and Limitations of Liability

Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT:

• Our website or services will be uninterrupted, secure, or error-free
• Any defects or errors will be corrected
• Our website or servers are free of viruses or other harmful components
• The results obtained from using our services will meet your expectations or achieve specific outcomes

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) our website or services
• Any conduct or content of any third party on our website
• Any content obtained from our website
• Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Professional Advice Disclaimer

The information, content, and services provided through our website and offerings are for educational and informational purposes. They do not constitute professional advice (legal, financial, tax, or otherwise) and should not be relied upon as a substitute for consultation with professional advisors.

We recommend that you consult with appropriate professionals before making any business decisions based on information or recommendations we provide.

Indemnification

You agree to indemnify, defend, and hold harmless Kenzie Creative, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Any content you submit or transmit through our website

Termination

We reserve the right to suspend or terminate your access to our website or services at any time, with or without cause, with or without notice, and without liability. Upon termination:

• Your right to use our website and services will immediately cease
• You must cease all use of our materials and content
• Any provisions of these Terms that by their nature should survive termination will survive (including intellectual property provisions, disclaimers, and limitations of liability)

Dispute Resolution and Governing Law

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

Dispute Resolution

Informal Resolution: If you have any dispute with us, you agree to first contact us and attempt to resolve the dispute informally. We will make good faith efforts to resolve disputes amicably.

Arbitration: If we cannot resolve a dispute informally, any dispute arising from or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will take place in Texas or remotely via video conference.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Exceptions: Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.

Jurisdiction and Venue

If arbitration does not apply, you agree that any legal action or proceeding shall be brought exclusively in the federal or state courts located in Texas, and you consent to the personal jurisdiction of such courts.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any engagement agreements or statements of work, constitute the entire agreement between you and us regarding your use of our website and services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service failures.

Contact for Legal Notices

All legal notices to us should be sent to hello@kenzienotes.com.

Acknowledgment

BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

Contact Us

If you have any questions about these Terms of Service, please contact us:

Email: hello@kenzienotes.com
Website: www.kenzienotes.com