TERMS & CONDITIONS
Kris Christian, Inc. (“Kris Christian, Inc. ,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our websites,
including, without limitation, KrisChristian.com (the “Websites”).
by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you
hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use
Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our
Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such
product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the
Terms and Conditions of Purchase shall control.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. Description and use of our Websites
We provide Visitors and Registered Users with access to the Services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required
for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one
of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own
personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Registered User Content”);
(v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Kris Christian, Inc.
Kris Christian, Inc. is under no obligation to accept any individual as a Registered User and may accept or reject any registration in
its sole and complete discretion. In addition, Kris Christian, Inc. may deactivate any account at any time, including, without
2. Community Guidelines
Kris Christian, Inc. ’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or
using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
You will not upload, post, email, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy,
promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or
ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address,
phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not spam or use the Websites to engage in any commercial activities;
- If you post any Registered User Content, you will stay on topic;
- You will not access or use the Websites to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or
- You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device,
information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data,
files, or passwords related to the Websites through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report
abuse button) on the Websites;
- You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our
express written permission; provided, however, we grant the operators of public search engines permission to use spiders
to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for
creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately
large load on our technical infrastructure; and
- You will let us know about inappropriate content of which you become aware. If you find something that violates our
Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites,
without notice, and to remove any content that does not adhere to these Community Guidelines.
The Websites are only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your
jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian
4. Sign-in Name; Password; Unique Identifiers
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In
Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you
log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete
information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access
credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a
material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and
Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You
will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right
to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to
you for any loss or damage caused by such action.
5. Fees and Payment
As consideration for any purchase you make on the Websites, you shall pay Kris Christian, Inc. all applicable fees and taxes. We
(or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you
provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the
same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the
mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged
and made in your local currency.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing
information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and
you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security
(such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Kris Christian, Inc. to obtain
or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires.
We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received
from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection,
including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you
a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and
credit card issuer for details.
6. Intellectual Property
The Websites contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics,
images, sound recordings, and other material provided by or on behalf of Kris Christian, Inc. (collectively referred to as the
“Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws.
Unauthorized use of the Content may violate copyright, trademark, and other laws.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased
any product or service, may download onto their own machines and view any Content contained in such purchased product or
service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you
have no other rights in or to the Content (other than your own Registered User Content that you post to the Websites), and you will
not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Kris
Christian, Inc. . Kris Christian, Inc. retains all right, title, and interest, including all intellectual property rights, in and to the Content.
You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign,
license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or
otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website,
social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically
terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Kris Christian, Inc. (the “Kris Christian, Inc. Trademarks”) used and displayed on the
Websites are registered and unregistered trademarks or service marks of Kris Christian, Inc. . Other company, product, and service
names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and,
collectively with Kris Christian, Inc. Trademarks, the “Trademarks”). Nothing on the Websites should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each
such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in
advance by us in writing. All goodwill generated from the use of Kris Christian, Inc. Trademarks inures to our benefit.
Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not
be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the
Content may be retransmitted without our express, written consent for each and every instance.
7. Registered User Content; Licenses
As noted above, the Websites provides Registered Users the ability to post and upload Registered User Content. You expressly
acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by
others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any
personally identifying information that you may make available. YOU, AND NOT Kris Christian, Inc. , ARE ENTIRELY
RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE
TRANSMIT VIA THE WEBSITES.
You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby
grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with
other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use
or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the
universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and
our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and
photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to
advertise and promote the Websites, Kris Christian, Inc. , and our products and services. Without limiting the foregoing, you
acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing
rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to
advertising and other material or content, including for profit.
If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Kris Christian, Inc.
that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User
Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that
it and its use by Kris Christian, Inc. and its content partners as permitted by this Agreement does not and will not infringe or
misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or
content that violates our Community Guidelines.
8. Communications with Us
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential
information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions,
comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your
communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products
and services that incorporate such information without compensation or attribution to you.
9. No Warranties; Limitations of Liability
THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY
WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES,
THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES
ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH
ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR
ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE
CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY DIRECT DAMAGES
THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITES OR THE CONTENT SHALL BE LIMITED TO THE
FEES YOU HAVE PAID US IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE FROM US DURING THE THREE (3)
MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS
REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR
PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS
AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE
ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR
LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES
AT ANY TIME WITHOUT NOTICE.
10. External Sites
The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you
and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and
provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns
regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External
Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take
precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you
decide to access linked External Sites, you do so at your own risk.
11. Representations; Warranties; and Indemnification
(a) If you are a Registered User, you hereby represent, warrant, and covenant that:
- You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or
other proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you
incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you
- Use of your Registered User in the manners contemplated in this Agreement shall not violate or misappropriate the
intellectual property, privacy, publicity, contractual, or other rights of any third party; and
- You shall not submit to the Website any Registered User Content that violates our Community Guidelines set forth above
or any other term of this Agreement.
(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns
harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation,
reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or
the Websites; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property,
publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense,
in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your
expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any
reasonable requests assisting our defense of such matter.
12. Compliance with Applicable Laws
The Websites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or
be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you
do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the
laws of your specific jurisdiction.
13. Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the
Websites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all
or any part of the Websites at any time without prior notice or liability. The following sections shall survive any termination of this
Agreement: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content;
Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,”
“Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and
14. Digital Millennium Copyright Act
Kris Christian, Inc. respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all
claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed
Infringement which may be given under that Act is as follows:
Kris Christian, Inc.
511 Avenue of the Americas, #517
New York, New York 10011
If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our
agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been
infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an
authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you
have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you,
made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person
authorized to act on behalf of the owner of the copyright interest.
15. CONTROLLING LAW
This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of
16. BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (each, a “Dispute”), either party
may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any
election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION,
NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT
EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS
COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND
DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral
arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The
arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org
and Procedures and in accordance with the Expedited Procedures in those rules,or, where appropriate, pursuant to JAMS’
Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website
www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with
JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude
parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be
conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take
place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding
pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall
cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including
electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section
18 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary
to protect our proprietary interests.
17. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent
permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be
arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE
THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
18. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential
and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this
Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim,
equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration
referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal
and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other
provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed
as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes
the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous
agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided
merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns,
licensees, and sublicensees.