Terms of Service
Kimberly Y Bennett LLC (“KYB LLC”) offers this website, including all information, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, visiting, purchasing, or using any part of the site, you agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms, conditions, and policies referenced within this webpage or available by hyperlink. You are prohibited from accessing this website and purchasing any product or service if you do not agree to all the terms and conditions of this agreement. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, or contributors of content.
Age Requirement
By accessing this website, you represent that you are, at least, 18 years of age and you have the required power and authority to agree to these Terms of Service. Children under the age of 18 are prohibited from using the Site.
Refund Policy
All sales are final. Given products provided for you are digital, we do not offer a refund. However, if there is any issue with a product, please reach out to us at hello@designingthenewlegal.com
Products or Services
At any point, we may discontinue, limit or otherwise prevent the sale of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. Descriptions of products and/or pricing are subject to change without prior notice at any time. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
DNL Membership Services
We offer membership services via our collective, Designing the New Legal. By joining Designing the New Legal membership you agree to the terms and conditions outlined in our Designing the New Legal Membership Terms available at designingthenewlegal.com/membership-terms.
Modifications to the Products or Services
We reserve the right at any time to modify or discontinue the products or services and/or change the price of the products or services and we shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. You are responsible for monitoring changes to this website. You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
Third Party Links
This website contains links to third-party websites. This policy only addresses the use and disclosure of information we collect from you on www.designingthenewlegal.com. Other sites accessible through our site via links or other means have a separate and unrelated privacy policy. KYB LLC is not responsible for the privacy policies or practices of third parties.
Cancellations or Restrictions on Orders
We may refuse, cancel, limit, or refund an order placed with us for any reason, at our sole discretion. We reserve the right to limit or prohibit orders which, in our sole judgment, appear to be placed by individuals or businesses attempting to resell our product or service including, but not limited to, dealers, resellers, or distributors. These restrictions may occur for new or existing customers. Please note, if we make a change to or cancel an order, we may attempt to notify you by email. You must provide current, complete, and accurate contact, billing, and account information for all items sold to you via our website. You agree to promptly update your account, and email address, so we can complete your transactions.
Comments & Feedback
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. We take no responsibility and assume no liability for any comments posted by you or any third party.
You agree to the following statements:
Your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary right.
Your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could impact the operation of this website (or a related website) or the delivery of any product or service.
You will not use a fake or false e-mail address, pretend to be someone, or mislead us or third parties regarding the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
Updates and Changes
At our sole discretion, we reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Any updates added to the current e-commerce section of this website are subject to the Terms of Service. At any time, the current version of the Terms of Service is available for your review on this page. We reserve the right to update, change, or replace any part of these Terms of Service via posted updates to this website. It is your responsibility to check this page periodically for changes. Your continued use of the website or access to the information, products, and services offered on this website after posted policy changes constitutes acceptance of those changes.
No Warranties / Limitations on Liabilities
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service or products will be corrected. You are buying these documents “as is” and “as available”, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement
You expressly agree that your use of, or inability to use, the service is at your sole risk. We are not responsible if the information made available on this site is not accurate, complete, or current. The materials on this site are provided for general information only and should not be relied upon or used as the only basis for making decisions without consulting primary, more accurate, complete, or timely sources of information, including an attorney. Any reliance on the material on this site is at your own risk. We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
KYB LLC, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless KYB LLC and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Termination
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. Additionally, we may deny you access to our Services, whether in whole or in part, for your violation of these Terms of Service.
Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service and such severance shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and related documents represent the entire agreement and understanding between you and KYB LLC and govern your use of the products and services. These Terms of Service supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of the state of Georgia.
Contact Info
If you have questions, please email hello@designingthenewlegal.com.