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THE KESH EXPERIENCE TERMS OF USE

Revised and Updated as of November 1st, 2020

Welcome to the website for The Kesh Experience (the “Site”), owned and operated by Akeshi Akinseye and KESH LUXURY GROUP , LLC  (hereinafter referred to as “Company”, “we,” “us,” or “our”)! The Site provides business coaching, digital downloads and online courses (the “Services”).  The following terms and conditions, together with our Privacy Policy and any notices contained or referenced herein or therein, govern your access and use of the Site and any Services available through it. Please read this document in its entirety before you proceed.

1. Acceptance of the Terms of Use

Your access and use of the Site are expressly governed by these Terms of Use. You understand, acknowledge and accept that by using the Site you are bound by these Terms of Use. If you do not agree to these terms, it is your choice not to access or use the Site. We reserve the right to change these Terms of Use from time to time without notice to you. All changes are effective immediately when we post them, and it is your responsibility to review these Terms of Use periodically, so that you are aware of any changes.

2. International Users
The Site is owned and operated in the United States. We welcome users from countries outside of the United States to access the Site and Services. If you reside outside of the US, you are responsible for compliance with local and federal laws (including compliance with Global Data Protection Regulation or “GDPR” if you reside in the European Union or “EU”). 

We reserve the right to deny access to the Site for IP addresses from any prohibited countries for any purpose or reason.

3. Use of Website 

In consideration for access to the Site and in exchange for the Services, you agree to the following rules:

  1. You must be at least eighteen (18) years of age or older.
  2. You must not use the Site for any illegal activities, including, without limitation, altering the Site without prior authorization, uploading any viruses, malware, spyware, etc. to the Site, or any kind of activity that may cause interference with other users.
  3. You must not abuse the electronic communication options (e.g., live chat or email) on the Site, as these features are only for communication for the purpose of Company’s business. This includes sending or uploading any unauthorized files (e.g., malware, spyware, pirated files, pornography, images and videos that depict a graphic nature, etc.). Our staff is to remain professional at all times and shall not engage in any personal conversations or any dialogue not related to the Services provided by the Site.
  4. When engaging with other users on the Site or via social media, you agree to adhere to the rules regarding cyberbullying. Any attacks based on a person’s race, gender, ethnicity, sexual orientation, or the like will not be tolerated. Violation of this rule may result in being banned from the Site and any of Company’s other websites or social media pages.
  5. Any doxxing of users or staff of the Site is a violation of our privacy rules. Knowingly violating this will result in being banned from the Site and any of Company’s other websites or social media pages.
  6. Do not encourage anyone to break these rules.
  7. Do not steal or plagiarize any files, courses, blog posts, or any intellectual property that is owned by Company.
  8. While commenting on blog posts, please note that all comments will be reviewed prior to approval and posting. All comments that include inappropriate language, cyberbullying, threats of violence, sexually suggestive comments, or the like will be automatically rejected. The pre-approval screening is in place to accomplish this and to prevent any kind of spam comments.
  9. While engaging with us or other users on our social media channels, all of these rules shall apply. Failure to follow these rules will result in being banned from commenting or sharing on our social media pages.

4. Use of Educational Content

As part of the Services, Company will offer educational courses and programs (plus accompanying material) (collectively, the “Courses”) for sale on the Site. When you purchase a Course, you will be granted a non-commercial, non-exclusive, and non-transferable license to use the Course for your personal use, which may include internal business use if you are a business owner. In connection with such grant, you agree not to copy, duplicate, delete, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works from, reverse engineer, sell, rent or license any part of the Course in any way, without our prior written consent. In addition, you agree that you shall not create any products that compete with the Courses based on any information you acquired from the Courses.

5. Acceptance of Order

You acknowledge and agree that your order is an offer to buy subject to these Terms of Use. All orders must be accepted by us,in order to be processed. It is in our sole discretion to accept your order as we are not obligated to sell our products or services to you. Acceptance of your Order and formation of a contract of sale does not happen unless and until you receive a confirmation email from Us.

6. Prices

All prices, discounts and promotions are subject to change without notice and are not guaranteed. Prices stated for a product at the time of purchase will be the price charged and will be indicated in the order confirmation. Please note that typos and inaccuracies in price may happen. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Prices stated do not include any sales, use or excise tax or any other tax, duty or charge which is now in effect or may be hereafter imposed by any Federal, State or other authority. All such taxes, duties or other charges shall be paid by you unless you provide us a tax exemption certificate acceptable to the appropriate authorities. Please note that We cannot apply a tax-exemption retroactively.

7. Payment

The terms of payment are in our sole discretion and payment must be received by us before our acceptance of an Order. We accept Mastercard, Visa, AMEX, for all purchases. You represent and warrant that:

(i) the credit card information you supply to us is true, correct, and complete;

(ii) you are duly authorized to use such credit card for the purchase;

(iii) charges incurred by you will be honored by your credit card company; and

(iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

8. Your Rights

Company is aware of your usage rights. We are aware that you have a right to feel safe while using the Services on the Site. We also acknowledge that you also have a right to privacy. Please be aware that all communication with us by way of email, phone, or live chat is confidential and will not be displayed publicly. However, any communication by way of our blog (including blog comments) or social media channels is not confidential and will be displayed to the public. We own any or all communication that we have with you as allowed by your country. We will not pay royalties for any blog comments or engagement on social media. Please refer to our Privacy Policy (linked above) for any information regarding where we store any communication made by you on the Site.

9. Our Rights and Responsibilities

As owners of the Site, we are not responsible for the following:

  1. Any costs pertaining to your mobile data when you access the Site on your phone or mobile device
  2. External links that appear on the Site that are linked to other companies or websites.
  3. Anything that may happen on the Site should you share any pictures or videos on the Site.
  4. Any of your content that is stolen or plagiarized on the Site by someone else.

As owners of the Site, we do have the right to take down the Site at any time or prevent you from using the Site in the future without informing you beforehand. We also reserve the right to delete any content that you may have posted (including blog comments, social media comments, etc.) whether they violate these Terms of Use or not.

10. Intellectual Property

The Site and its entire content and functionality (including, but not limited to, its source code, design, software, displays, text, downloads, images, logos, marks, videos, audio and arrangement thereof) (collectively, the “Site IP”) are property of Company, and its licensors or other providers of such material, and are protected under United States and international copyright, trademark, and other intellectual property and unfair competition laws.

Company grants you a limited, non-transferable license to use the Site for your personal, non-commercial use only. In connection with such grant, you agree not to copy, duplicate, delete, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works from, reverse engineer, sell, rent or license any part of the Site IP in any way, without our prior written consent. In using the Site, you agree to abide by all copyright, trademark, and other intellectual property laws, and you shall be solely responsible for any violations thereof.

11. Advertisements and Affiliates

This website may contain advertisements in the form of banner advertising, sponsored posts or affiliate links (unique trackable links) to third-party sites.  If you make a purchase through an advertisement or affiliate link from our Site, the Company may receive an affiliate commission or compensation with no additional cost to you. We are not liable for any benefits or consequences you receive from clicking on an advertisement or affiliate link to an external site. You agree and understand that it is your personal responsibility to perform due diligence when you click on a link to an external site, as you do so completely at your own risk.

12. Testimonials

The testimonials (including but not limited to earnings reports, product reviews and general testimonials) provided on the Site are to the best of our knowledge, all true and accurate and provided willingly, without any compensation offered in return. You agree and understand that these testimonials are provided for informational purposes only and in no way serve as a guarantee of similar results and success if you use the same product or service offered on the Site. Each individual’s performance is unique and results will vary accordingly. There is no way to predict what typical or average results will be.

13. Termination

We reserve the right to terminate or restrict your use and access of the Site (including deletion of any blog comments or uploaded content) at any time and at our sole discretion without notice. 

14. Refunds

Due to the digital nature of the Services, all purchases are final sale and cannot be refunded.

15. Disclaimer of Warranties

THE SITE, ITS CONTENT, THE SERVICES, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SITE (INCLUDING BUT NOT LIMITED TO THE COURSE AND ITS MATERIALS) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER COMPANY NOR ANY ASSOCIATED PERSON OR AFFILIATE OF COMPANY, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE FOLLOWING:

  1. THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE;
  2. THAT THE SITE (INCLUDING BUT NOT LIMITED TO THE COURSE AND ITS MATERIALS) IS ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED;
  3. THAT DEFECTS ON THE SITE WILL BE CORRECTED;
  4. THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  5. THAT THE SITE, THE SERVICES, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL HELP YOU ACHIEVE CERTAIN RESULTS; OR
  6. THAT THE SITE, THE SERVICES, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY HEREBY DISCLAIMS, WITHOUT LIMIT, FOR THE SITE AND THE SERVICES, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Limitation of Liability

Company shall not be liable for any claims, demands, actions, suits, obligations, losses, damages, liabilities, expenses or costs, arising out of or relating to the Site, the Services, or your use of either.

In no event shall Company or its officers, employees, managers, directors, partners, members, agents, contractors, shareholders, affiliates, licensors, successors, or assigns have any liability to you for any direct, indirect, special, incidental, multiple, exemplary, punitive, or consequential damages, or for lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, either in contract, tort or under any other theory of liability, whether or not the possibility of such damage has been advised to you.

In no event shall Company’s maximum liability hereunder exceed the fees paid by you for the Services, whether in contract, tort or under any other theory of liability.

No personal liability shall accrue hereunder against any individual, member, partner, officer, director, representative, employee, trustee, fiduciary, or principal (disclosed or undisclosed) of Company.

Furthermore, we are not responsible for any of the actions or conduct of our users. This also includes what a user says online in a public forum (e.g., comments on a blog post or on social media). We are also not responsible for any actions or words stated both on or off the Site. We also claim no responsibility should a user decide to upload any inappropriate material or viruses, malware, or spyware.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Indemnification

You agree to indemnify and hold harmless Company and its officers, employees, managers, directors, partners, members, agents, contractors, shareholders, affiliates, licensors, successors, and assigns from and against any and all costs, claims, losses, damages, liabilities, expenses, fees, demands, and judgments, including court costs and attorney’s fees, which may arise out of your violation of these Terms of Use, your use of the Site or the Services, or your use of any information obtained from the Site.

18. Governing Law and Jurisdiction

These Terms of Use and your use of the Site and the Services, and any disputes or claims arising therefrom or related thereto, are governed by Illinois law. Subject to the Dispute Resolution provision below, you expressly agree to be subject to the jurisdiction of the state and federal courts located in Cook County, Illinois, without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

19. Dispute Resolution

You understand and agree that prior to taking any legal action, you agree to first attempt to resolve any issues with the Site or the Services by contacting us via the channels listed below.

You understand and agree that at Company’s discretion, we may require that any unresolved dispute or claims first be submitted to confidential and binding arbitration under the Rules of Arbitration of the American Arbitration Association in the State of Illinois , except in cases involving disputes of intellectual property, interferences of services, or unauthorized handling of a service.

20. Entire Agreement

These Terms of Use, together with our Privacy Policy and Non-Refudable Purchase/Refund Policy (collectively, the “Company Policies”), contain the entire agreement between you and Company with regard to the Site and the Services. The Company Policies supersede any prior written or oral agreements between you and Company.

21.  Severability

If any provision of these Terms of Use shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms of Use is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

22. Changes and Updates
We reserve the right to make changes and update these Terms of Use as needed. We will notify you of any material changes via email or by posting a notice on the Site. We advise you to review our policies from time to time as your continued use of the Site and/or Services will constitute acknowledgement and acceptance of these policies.

 

23. Contact Information

While we provide you with these Terms of Use, we will do our best to ensure that you better understand them so you can use our website legally and lawfully. We welcome your questions, comments or concerns regarding these Terms of Use. To convey any of the foregoing to us, you can contact  Akeshi Akinseye, Founder and CEO of Kesh Luxury Group LLC , 730 W Lake St, #194, Chicago, IL 60661, USA.

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