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KARENWINNER.COM Terms of Use PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. 

By using the KARENWINNER.COM, Inc. website (the “Site”) or any KAREN WINNER  applications, you agree to follow and be bound by these terms of use (the “Terms of Use”) and  agree to comply with all applicable laws and regulations. In these Terms of Use, the words “you”  and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to  KARENWINNER.com or KAREN WINNER and “Services” refers to all services provided by  us. 

It is your responsibility to review these Terms of Use periodically. If at any time you find these  Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this  Site or any Applications. 

We may revise these Terms of Use at any time without notice to you. If you have any questions  about these Terms of Use, please contact [email protected] 

YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES  YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER  INTO A CONTRACT. 

KARENWINNER.com provides an online legal and educational portal to give visitors a general  understanding of the law and for educational purposes only. At no time do we review your  answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or  recommendations about your legal rights, remedies, defenses, options, selection of forms, or  strategies, or apply the law to the facts of your particular situation. KARENWINNER.COM is  not a law firm and may not perform services performed by an attorney. 

KARENWINNER.COM its Services, and its publications, templates, services and  webinars are not a substitute for the advice or services of an attorney. 

KARENWINNER.COM strives to keep its legal documents accurate, current and up-to-date.  However, because the law changes rapidly, KARENWINNER.COM cannot guarantee that all of  the information on the Site or Applications is completely current. The law is different from  jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a  personal matter, and no general information or legal tool like the kind KARENWINNER.COM  provides can fit every circumstance. Furthermore, the legal information contained on the Site and  Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date.  Therefore, if you need legal advice for your specific problem, or if your specific problem is too  

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complex to be addressed by our products or services, you should consult a licensed attorney in  your area. 

This Site and Applications are not intended to create any attorney-client relationship, and your  use of KARENWINNER.COM site does not and will not create an attorney-client relationship  between you and KAREN WINNER. Instead, you are and will be representing yourself in any  legal matter you undertake through KARENWINNER.COM’s products and service. 

  1. Privacy Policy. 

KARENWINNER.COM respects your privacy and permits you to control the treatment of your personal information.. 

You agree to notify KARENWINNER.COM immediately of any unauthorized use of your account, user name or password. KARENWINNER.COM shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by KARENWINNER.COM, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password. 

In connection with the use of certain KARENWINNER.COM products or services, you may be  asked to provide personal information in a questionnaire, application, form or similar document  or service. This information will be protected to the best of our abilities. In addition, you grant  

KAREN WINNER a worldwide, royalty-free, nonexclusive, and fully sublicensable license to  use, distribute, reproduce, modify, publish and translate this personal information solely for the  purpose of enabling your use of the applicable service. You may revoke this license and  terminate rights held by KAREN WINNER at any time by removing your personal information  from the applicable service. 

  1. Ownership. 

This Site and Applications are owned and operated by KAREN WINNER. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned by KAREN WINNER. Except as otherwise expressly provided by KAREN WINNER, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of KAREN WINNER’s intellectual property rights, whether by estoppel, implication or otherwise. KAREN WINNER does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by KAREN WINNER. Any rights not expressly granted herein are reserved by KAREN WINNER. 

  1. Limited Permission to Download. 

KAREN WINNER hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non 

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commercial use provided that (i) where provided, the copyright and trademark notices appearing  on any Materials not be altered or removed, (ii) the Materials are not used on any other website  or in a networked computer environment and (iii) the Materials are not modified in any way,  except for authorized editing of downloadable forms for personal use. This permission terminates  automatically without notice if you breach any of the terms or conditions of these Terms of Use.  On any such termination, you agree to immediately destroy any downloaded or printed  Materials. Any unauthorized use of any Materials contained on this Site or Applications may  violate copyright laws, trademark laws, laws of privacy and publicity and communications  regulations and statutes. 

  1. Use of KARENWINNER.COM Legal Forms. 

If you buy or download a form or template on our Site, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or- use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs. 

  1. License to Use. 

KAREN WINNER grants you a limited, personal, non-exclusive, non-transferable license to use our forms, templates, and document downloads for your own personal use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form. 

  1. Resale of Forms Prohibited. 

By ordering or downloading forms, templates, documents, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of KAREN WINNER. 

  1. DISPUTE RESOLUTION; BINDING ARBITRATION 

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND KAREN WINNER TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN SECTION 6(g), BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND KAREN WINNER FROM SUING IN COURT OR HAVING A JURY TRIAL. 

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(a) No Representative Actions. You and KAREN WINNER agree that any dispute or claim between us, including those arising out of or related to these Terms or our Services, is personal to you and KAREN WINNER and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. For the purposes of this Arbitration Agreement, references to “KAREN WINNER,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document. 

(b) Arbitration of Disputes 

.Most concerns can be resolved quickly and to the customer’s satisfaction. In the unlikely event that KARENWINNER.COM is unable to resolve your complaint to your satisfaction. Except for (i) actions in court seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and KAREN WINNER agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any aspect of the relationship between us (collectively, “Disputes”) resolved in court. Disputes include, but are not  limited to, (a) those arising out of or related to these Terms or our Services, and (b) those related  to advertising, privacy, data security, and the use of our website. This Arbitration Agreement  applies to all Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal  theory. 

(c) Arbitration Procedures 

If you and Karen Winner cannot reach an agreement to resolve the Dispute within thirty (30) days after written notice is provided, then either party may submit the Dispute to binding confidential arbitration administered by the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. Arbitration proceedings will be held in New York, New York. “Consumer” means a person using the Services for personal, family or household purposes. 

Although we cannot make an absolute guarantee of system security, KARENWINNER.com  takes reasonable steps to maintain security. If you have reason to believe system security has  been breached, contact us for help. 

If KAREN WINNER’s technical staff finds that files or processes belonging to a member pose a  threat to the proper technical operation of the system or to the security of other members,  KAREN WINNER reserves the right to delete those files or to stop those processes. If the  KAREN WINNER technical staff suspects a user name is being used by someone who is not  authorized by the proper user, KAREN WINNER may temporarily disable that user’s access in  order to preserve system security. In all such cases, KAREN WINNER will contact the member  as soon as feasible. 

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KAREN WINNER has the right (but not the obligation), in our sole and absolute discretion, to  edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User  Content. 

In posting User Content, you agree that you will not submit any content: 

  • that is known by you to be false, inaccurate or misleading; 
  • that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. 
  • that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). 
  • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. 
  • that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party; 
  • that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information; 
  • that contains any computer virus, worms, or other potentially damaging computer programs or files; 
  • that otherwise violates these Terms of Use. 
  1. NO WARRANTY. 

THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, KAREN WINNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

KAREN WINNER MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR  THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS,  OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,  SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM  THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH  THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE  

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QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL  PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN  RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. 

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS  IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. KAREN WINNER  SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER  SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY  CONTENT, MATERIALS, INFORMATION OR SOFTWARE. 

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION. 

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD KAREN WINNER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT,  PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, EXCEPT AS  PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF KAREN  WINNER, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR  SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR  PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR  LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE  PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH  DOES NOT APPLY TO NORTH CAROLINA CONSUMERS. 

  1. Unsolicited Submissions. 

Except as may be required in connection with your use of KARENWINNER.COM Services, KAREN WINNER does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to KAREN WINNER through or in association with this Site shall be considered non-confidential  and KAREN WINNER’s propertyexcept for passwords/usernames or material generated  through any individual coaching sessions. By providing such submissions to KAREN WINNER  you hereby assign to KARENWINNER, at no charge, all worldwide right, title and interest in and  to the submissions and any intellectual property rights associated therewith. KARENWINNER  shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose.  You acknowledge that you are responsible for the submissions that you provide, including their  legality, reliability, appropriateness, originality and content. 

  1. Compliance with Intellectual Property Laws. 

When accessing KARENWINNER or using the KARENWINNER document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of 

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others. Your use of the Service and the Site is at all times governed by and subject to laws  regarding copyright, trademark and other intellectual property ownership. You agree not to  upload, download, display, perform, transmit or otherwise distribute any information or content  in violation of any third party’s copyrights, trademarks or other intellectual property or  proprietary rights. You agree to abide by laws regarding copyright ownership and use of  intellectual property, and you shall be solely responsible for any violations of any relevant laws  and for any infringements of third party rights caused by any content you provide or transmit or  that is provided or transmitted using your KARENWINNER.COM user account. 

KARENWINNER has adopted a policy that provides for the immediate removal of any content,  article or materials that have infringed on the rights of KARENWINNER or of a third party or  that violate intellectual property rights generally. KARENWINNER’s policy is to remove such  infringing content or materials and investigate such allegations immediately. 

Copyright/Trademark Infringement: 

  1. 1. Notice. KAREN WINNER has in place certain legally mandated procedures regarding allegations of copyright/trademark infringement occurring on the Site or with the Service. Karen Winner has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of KAREN WINNER or otherwise violated any intellectual laws or regulations. 
  2. Governing Law; Venue. 

Any dispute arising from these Terms and your use of the Services or the Site will be governed by and construed and enforced in accordance with the laws of New York without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of New York and the United States, respectively, sitting in New York County, New York. You consent to personal and exclusive jurisdiction in these courts. 

  1. Copyrights. 

All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, KAREN WINNER ALL RIGHTS RESERVED. 

  1. Trademarks. 

KAREN WINNER, KARENWINNER.COM, and images and text, and all page headers, custom  graphics and button icons are service marks, trademarks and/or trade dress of KAREN WINNER. 

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  1. Right to Refuse. 

You acknowledge that KAREN WINNER reserves the right to refuse service to anyone and to cancel user access at any time. 

  1. Acknowledgement. 

BY USING KAREN WINNER’S SERVICES OR ACCESSING THE KARENWINNER.COM SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. 

© KAREN WINNER. All rights reserved. 

KARENWINNER.COM is not a law firm and does not provide legal advice, except where  authorized through its subsidiary law firm Law Office of Karen Winner. Use of our products  and services is governed by these Terms of Use. 

  1. REFUNDS AND CANCELLATION POLICY 

Cancellation Policy 

Cancellations must be made at least one (1) day in advance and in writing via email  ([email protected]) and will be honored as follows: 

  • Webinar registration fees are refundable if submitted no later than 24 hours before the scheduled webinar time. 
  • In the case of a webinar series/bundle, cancellation must be received no later than 24 hours before the first scheduled webinar. 

If you are unable to attend the webinar and the cancellation deadline has passed: Webinar fees will not be refunded. A recording will be available after the webinar has  concluded. If the webinar is later offered, contact [email protected] to take advantage of  this offering at no additional cost.  

Refunds are not granted due to attendee technology issues 

It is your responsibility as the webinar attendee to test your computer setup prior to the start of  the webinar. If a technical failure at your home or workplace prevents access to the live  webinar, you are not eligible for a refund. If the technical problem is due to KarenWinner.com’ s error, we will consider issuing a refund.  

Webinar Cancellation 

If, due to unforeseen circumstances, a webinar is canceled by KarenWinner.com, all registered  attendees will be notified via email as soon as possible after the cancellation.  Live Webinars: registration cancellation requests are accepted up to seven days prior to the  seminar/webinar date.  

Coaching/Consultation Cancellation 

Coaching or Consultation refunds are available if submitted no later than 24 hours before the  scheduled coaching/consultation time. If a session is cancelled after the deadline for  cancelling, there is no refund available. Additionally, in no case will a refund be issued if you  have completed a consultation or coaching session.  

Product services like Forms or Document downloads have a 10-day refund period, but no  refunds are available once you generate a document for download.  

Specific Refund Process: 

Product forms/documents: Fees for stand-alone products like digital downloads are refundable  8

unless you have downloaded a form or document. 

To request a refund, you can typically contact KarenWinner.Com via phone or email.