Terms of Use | TKEJ Publishing

Last Update: April 11, 2024

PLEASE READ THESE TERMS (ALONG WITH THE PRIVACY POLICY AND COOKIE POLICY) (THE “TERMS”) FULLY AND CAREFULLY BEFORE USING AND PURCHASING FROM www.tkejpublishing.com (THE “SITE”).

THE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS OF RIGHTS AND EXCLUSIONS THAT MAY APPLY TO YOU.

THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE THAT YOU AGREE TO BY ACCESSING AND USING THE SITE.

1. Acceptance of Terms

By browsing, using, and/or purchasing from the Site, you agree to these Terms and all other operating rules, policies, and procedures that may be published from time to time on the Site, each of which is incorporated by reference.

IF YOU LIVE IN THE UNITED STATES, BY USING THIS SITE, YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE SITE AND PURCHASE OF OUR PRODUCTS, AS STATED FULLY IN THE “DISPUTE RESOLUTION” SECTION BELOW.

2. Key terms

TKEJ Publishing, LLC, and its affiliated entities, are referred to herein as “TKEJ Publishing,” “the Company,” “we,” or “our.”

“Content” means logos, design, text, graphics, images, content, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. We, including any licensors, exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not attempt to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Content on the Site.

“Site” means the website https://www.tkejpublishing.com/, including all of its domains and subparts.

“Terms” refers to the terms and conditions of these Terms of Use, along with the Privacy Policy and the Cookie Policy.

“User” means any visitor to the Site, regardless of whether the visitor purchases any products from the Site and is referred to herein as “User” or “you.”

“User Content” refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site. Content includes, without limitation, User Content. For the avoidance of doubt, we do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use, exploit, or remove his/her/their own User Content.

3. Eligibility to use the site

You may use the Site only if you are eighteen (18) years or older and capable of forming a binding contract with us and are not barred from using the Site under any applicable law. As long as you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes. No other use of the Site is authorized.

Certain state laws do not allow limitations on implied warranties, other exclusions, or limitation of certain damages. If these laws apply to you, some or all of the foregoing disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

4. International users

Our Site is controlled, operated, and administered from our office in Georgia, United States of America. We make no representation that Content on the Site is appropriate or available for use at other locations outside the United States, and your access to Content is prohibited from territories where the Content or products available through the Site are illegal. You may not use the Site or export its Content or products in violation of United States export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.

5. Governing law

These Terms and any action or proceeding relating thereto will be governed by the laws of the State of Georgia. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.

6. Changes to Terms

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the then current Terms. You can determine when these Terms were last revised by referring to the “LAST UPDATED” date at the top of these Terms of Use. Your continued use of the Site will constitute your acceptance of the then current Terms; however, any material change to these Terms after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and TKEJ Publishing, LLC will be applied.

7. Privacy Policy

Users of the Site should refer to the Privacy Policy for information about how we use and collect information, which may be accessed by clicking on the following link: https://www.tkejpublishing.com/privacy-policy (as may be updated from time to time). You agree that we may collect, use, retain, and disclose your personally identifiable information to the extent permissible by law and as described in the Privacy Policy and that policy will govern our collection and use of your personally identifiable information to the extent permissible by law.

8. Cookie Policy

Users of the Site should refer to the Cookie Policy for information about how we use and collect information, which may be accessed by clicking on the following link: www.tkejpublishing.com/cookie-policy (as may be updated from time to time). You agree that we may collect, use, retain, and disclose your personally identifiable information to the extent permissible by law and as described in the Cookie Policy and that policy will govern our collection and use of your personally identifiable information to the extent permissible by law.

9. Rules of conduct and general prohibitions

You must only use this Site for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not, without our written consent (i) copy, reproduce, use, or otherwise deal with any Content on the Site; (ii) modify, distribute, or re-post any Content on the Site for any purpose; or (iii) use the Content of the Site for any commercial exploitation whatsoever.

If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site. Failure to use the Site in accordance with these Terms may subject you to civil or criminal penalties.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE PURCHASED ANYTHING FROM THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, “you” or “your” will refer and apply to that company or other legal entity.

10. Indemnification

You will defend, indemnify, and hold harmless TKEJ Publishing, LLC, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to (i) your access or use of the Site or Content; (ii) your User Content; (iii) violation of any applicable law that protects TKEJ Publishing or our legal rights or those of any third party that your actions have damaged; and (iv) your violation of these Terms or any applicable law, including, but not limited to, infringement by you of any intellectual property rights owned by TKEJ Publishing or any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with TKEJ Publishing in asserting any available defenses.

YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.

11. Copyrights and Trademarks

The Site, including all of the Content, is protected by copyright, trademark, and other laws of the United States and foreign countries. Unless expressly stated otherwise, we retain other proprietary rights in all Content and products available through the Site. Except as stated herein, Content may not be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You may not, without our express written permission or that of the respective copyright owner, (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, copyright, or other proprietary rights of any third party.

In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Any other names and brands on the Site may be claimed as the property of others.

12. Purchases

By purchasing a product on this website, you are provided a limited license for a single-use of the product only. You are not permitted to share any of the purchased products or information with any other party.

13. Links to third party websites

The Site may contain links to third party websites or services and advertisements for third parties (collectively, the “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under our control and we are not responsible for any Thirty Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and are not responsible for the content, products, or services on or available from those Third Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third Party Sites & Ads.

The inclusion of a hyperlink to Third Party Sites & Ads does not imply affiliation, endorsement, or adoption by TKEJ Publishing of the Third Party Sites & Ads or any information contained therein.

14. Refund Policy

There will be no refunds on purchases through TKEJ Publishing.

15. Online Purchases

By purchasing any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and shipping information.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.

By submitting such information, you grant Us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any User from making or completing any or all Transaction(s); and (iii) refuse to provide any User with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

16. Disclaimer of Warranties

TKEJ Publishing does not make any guarantees or promise any outcomes whatsoever. The materials provided are for educational purposes only. Nothing herein or within the course should be construed as to guarantee success in any aspect.

Our products, services, and content are provided “as is,” without any warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular use, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the services or products available on the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. You are solely responsible for all of your communications and Interactions with other users of the site and with other persons with whom you communicate or interact as a result of your use of the site, including any services provided to you.

In no event will our aggregate liability arising out of or in connection with any warranties relating to our products, services, or content, these terms and your use of the site, including, but not limited to, from your purchase of any products via the site, or from the use of or inability to use the site, exceed the amounts you have paid or owe for products purchased via the site in the last twelve (12) month period prior to the event giving rise to your claim of liability. The limitations of liability and damages set forth above are fundamental elements of the basis of the bargain between you and TKEJ Publishing. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

17. Limitations of Liability

To the extent permitted by law, you agree that neither TKEJ Publishing, our affiliates, or any other party involved in creating, producing, or delivering products, services, or content on the Site will be liable for any claims, losses, or damages (including, without limitation, compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused or under any theory of liability – even our own active or passive negligence – arising in connection with (i) the site; (ii) the use or inability to use the Site; (iii) the use of or reliance on any content or information displayed in or on the Site; (iv) the purchase or use of any products or services through the Site or otherwise; (v) unauthorized access to or alteration or loss of your transmissions of data or other information that is sent to or received by the Site; (vi) errors, system down time, network or system outages, file corruption, or service interruptions; or (vii) otherwise under these terms, whether or not reasonably foreseeable, even if we or our representatives are advised of the possibility of such damages, claims, or losses, and notwithstanding any failure of essential purpose of any limited remedy.

Notwithstanding anything to the contrary herein, our liability to you for any cause of action or claim whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you in the last twelve (12) months to TKEJ Publishing for any products or services supplied by us through your use of the Site or otherwise.

We will not be liable in any amount for failure to perform any obligation under these terms if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control, including, without limitation, internet outages, communications outages, fire, flood, or war.

The terms of this section survive any termination of these Terms.

18. Termination

Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site. You agree that we will not be liable for any termination of your use of or access to the Site.

19. No third-party beneficiaries

We and you are the only parties entitled to enforce these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and TKEJ Publishing. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions relating to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms. You also agree that if we assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party in writing, such third party may enforce the Terms that are assigned, transferred, or sub-contracted.

20. Dispute Resolution

AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

We and you each agree that any dispute, claim, or controversy arising out of or relating to our products, services, these terms, including our privacy policy, cookie policy, or the breach, termination, enforcement, interpretation, or validity thereof or the use of the services or content available on or through the Site (collectively, “disputes”) will be settled by confidential binding arbitration, except that each party retains the right to (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Macon, Georgia and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

You acknowledge and agree that both you and TKEJ Publishing are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we and you both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.

The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.

21. Time limit for resolving disputes

The parties agree that any cause of action either may have with respect to the Site or our products, services, and Content must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states’ laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you agree to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.

The terms of this Dispute Resolution section survive any termination of these Terms.

23. Non-Disparagement

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. You nor any of your associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, TKEJ Publishing or any of its products, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

24. General terms

These Terms constitute the entire and exclusive understanding and agreement between TKEJ Publishing and you regarding the Site, Content, products, and services that may be provided on the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and TKEJ Publishing regarding the Content, products, or services provided on the Site. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by TKEJ Publishing under these Terms, including those regarding modifications to these Terms, will be given by posting to the Site.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TKEJ Publishing.

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and TKEJ Publishing, and you do not have any authority to create any obligation on our behalf.

Contact information: tkejenterprisesllc@gmail.com

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