TERMS AND CONDITIONS

Welcome!

The material appearing on this website https://www.kerryposniak.com (this “Site”), is provided as information about Kerry Posniak’s business, community, and people, and as a platform for online connection. The owner of this Site, Kerry Posniak and its directors, agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on the Site or material linked to this Site.


Any information on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendation provided on this Site is at your own risk.

Please read the following carefully! Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site.


The following terms and conditions (“Terms and Conditions”) form a binding agreement (this “Agreement”) between you and Kerry Posniak, operating out of the State of Victoria (“Kerry Posniak”). Kerry Posniak may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions. 

1. Copyright. All materials created by Kerry Posniak on the Site are protected by Australian and worldwide copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Kerry Posniak. 
2. Links to Third Party Websites. This Site may contain links to third party websites. All such linked sites, materials and pages are not under the control of Kerry Posniak and Kerry Posniak is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third party website. Kerry Posniak accepts no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of this Site, enable you to connect with Kerry Posniak on various platforms, help Kerry Posniak offer the easiest services for you and conduct transactions. 
3. Use License. If Kerry Posniak has materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: 
3.1. modify or copy the materials; 
3.2. use the materials for any commercial purpose or for any public display (commercial or non-commercial);
3.3. transfer the materials to another person or “mirror” the materials on any other server. 
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Kerry Posniak at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
4. Refunds. Our refund policy for any of the services or products sold on the Site is as follows: All sales are final.
5. Disclaimer. Our goal is to share information in an informative, open, and honest way. That being said, any information and services provided on or through the Site is for informational and educational purposes only. What we share is the opinion and perspective of Kerry Posniak. The information and education is not intended or implied to supplement or replace professional advice. Before taking any action, please make sure you consult with a professional. 
6. No Guarantees. We make no guarantees about any particular results or benefits that you’ll get from our Site, our products or services. We will do everything to give you the tools to succeed, but we make no guarantees. We cannot be any more clear about this: we make no promises regarding results and make no guarantees whatsoever. 
7. Site Terms of Use Modifications. Kerry Posniak may revise these Terms and Conditions for its Site at any time without notice. By continuing to use the Site after Kerry Posniak modifies this Agreement, you are agreeing to be bound by the updated version of this Agreement. 
8. Limitation of Liability. In no event shall Kerry Posniak or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site, even if Kerry Posniak has been notified orally or in writing of the possibility of such damage. 
9. Choice of Laws and Venue. The parties agree to irrevocably submit all claims relating to Kerry Posniak’ Site to the exclusive jurisdiction of the courts of the State of Victoria without regard to its conflict of law provisions. 
10. Indemnity. As a condition of your use of this Site, you indemnify Kerry Posniak and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site. 
11. Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines of Kerry Posniak linked to these Terms and Conditions or contained on this Site constitute the entire agreement between you and Kerry Posniak relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Kerry Posniak. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by Kerry Posniak to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.