Terms & Conditions
Terms & Conditions
Updated August 25, 2023
Welcome to KerryCarroll.com owned and operated by Kerry Carroll LLC. Please carefully read and review these Terms & Conditions in their entirety before using KerryCarroll.com.
Purpose:
These Terms & Conditions, in conjunction with our Privacy Policy and Disclaimer, provide a transparent and comprehensive framework that defines the regulations, terms, and conditions governing the use, access, browsing, downloading, purchasing and/or any other engagement with any course, program, service, or product offered by Kerry Carroll LLC or through KerryCarroll.com. By accessing, using, engaging with, or purchasing from KerryCarroll.com or Kerry Carroll LLC, you agree to abide by these rules. If you do not agree to these rules, do not use this website. If you have any questions or concerns, please reach out to us at hello@kerrycarroll.com.
Definitions:
Throughout these Terms & Conditions, certain terms are used frequently. By using this Website, you acknowledge and accept the definitions below and the terms outlined in this clause, as well as all other Terms & Conditions provided on the Website.
Company: "Company," "We," "Us," or "Our" refers to Kerry Carroll LLC, the entity responsible for the operation and maintenance of the Website.
Content: "Content" includes all text, images, icons, buttons, logos, graphics, videos, audio, software, data, and any other materials available on the Website.
Website/Site: "Site" refers to KerryCarroll.com, its web pages, subdomains, and any associated URLs.
You/Your: "You" or "Your" pertains to any individual, user, visitor, or entity accessing or using the Website, and includes both the individual and, if applicable, any legal entity on whose behalf the individual is acting.
1. Acceptance of Terms
By accessing, using, and/or engaging with this Site, or making a purchase from our Website, you acknowledge that you have read, understood, and agreed to these Terms, our Privacy Policy, our Disclaimer, and all other policies and procedures which may be published on this site. If you do not agree with these Terms, do not use our Website.
2. Age Requirement
You must be at least eighteen (18) years of age to use or access the Website and to consent to the Terms & Conditions. By accessing or using the Website, you affirm that you are at least eighteen (18) years old. If you are not eighteen (18) years old, stop using this Site now. If you are under eighteen (18) years old, you may only use the Website under the supervision and consent of a parent or legal guardian who agrees to be bound by these terms on your behalf.
3. Intellectual Property Rights
The Content provided on our Site, including but not limited to text, images, graphics, buttons, icons, audio, video, and logos, is for informational purposes only (“Content” or “the content”). We and our licensors exclusively own all rights, including all intellectual property rights, interest, and title to the content. You acknowledge that the content is protected by copyright, trademark, and other laws in the United States and foreign countries. You may not use, reproduce, modify, distribute, or create derivative works from our content without our prior written consent.
“User Content” refers to any content, writing, images, photographs, or other media shared by users to the site. We do not claim any ownership rights to User Content and nothing in these Terms should be construed to restrict a user’s right to use and exploit their own User Content.
You retain ownership of any User Content you submit, but by providing User Content to the Website, you grant Kerry Carroll LLC a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Website and Company's business.
Upon identification of any unauthorized utilization of our intellectual property, we shall contact and notify you of the infringement in writing. We will provide you a twenty-four (24) hour grace period from the time of electronic notification to remove the infringing content from all posting locations. Failure to comply within the stipulated twenty-four (24) hour timeframe will incur a penalty of $500 for each day of non-compliance, calculated on a per calendar day basis. Failure to comply within seven (7) calendar days after the receipt of our infringement notice, will result in the pursuit of any and all legal remedies including prosecution to the maximum extent of the law. By using this Site, you agree, understand, and acknowledge this provision.
4. Limited License
Subject to your compliance with these Terms & Conditions, Kerry Carroll LLC grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the content, materials, and services provided on the Website solely for your personal, non-commercial use.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on the Site without prior written consent from Kerry Carroll LLC or the respective content owner, where applicable.
5. Purchase and Access
When you make a purchase of a course, program, service, or product offered on the Site, you agree to the following terms:
You agree to pay the specified fees for the selected course, program, service, or product. Payment must be made through the designated payment methods provided on the Website.
Upon successful payment, you will receive access to the purchased content for the duration specified in the product description. Access duration may vary depending on the type of content.
Your access to the purchased content is non-transferable and is intended solely for your personal use. You may not share, distribute, sublicense, or resell the content to any third party.
6. User Conduct and Responsibilities
When using our website, you agree to:
Provide accurate and truthful information.
Refrain from posting SPAM or other unsolicited content.
Abide by all applicable laws and regulations.
Refrain from engaging in any illegal, abusive, or harmful activities.
Abstain from posting self-promotional material to advertise, market, or sell your own content.
Not interfere with the proper functioning of our website.
Not copy, share, download, repost, or disseminate in any way, any of the Content.
Further, when contributing or posting content on this website, you represent and warrant that:
You own the rights to the content you submit or have obtained the necessary permissions, licenses, or rights from the rightful owner to post such content.
Your submitted content does not violate, infringe, or misappropriate the intellectual property rights, privacy, or any other legal rights of any third party.
7. User Content Infringement
In the event that you post or upload content to this website that infringes upon the intellectual property rights of a third party, you acknowledge and agree that:
Kerry Carroll LLC reserves the right to promptly remove or disable access to any content that is alleged to infringe on a third party's intellectual property rights. This action will be taken upon receipt of a valid and substantiated notice of infringement from the third party or their authorized representative.
Kerry Carroll LLC may provide the necessary information about the allegedly infringing user to the rightful owner of the intellectual property, as required by law or at Kerry Carroll LLC’s discretion.
Kerry Carroll LLC reserves the right to terminate the accounts of users who repeatedly infringe the intellectual property rights of others.
6. Notice of Copyright Infringement
If you believe that your copyrighted content has been posted on this site without your consent, please contact us at hello@kerrycarroll.com. Your email must contain:
A detailed description of the copyrighted work that you claim has been infringed, including the URL or location on the Website where the infringing content is located.
Include your full legal name, mailing address, telephone number, and email address.
Provide sufficient evidence that you are the owner of the copyrighted work or an authorized representative of the owner.
Include a statement in good faith that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
Include a statement that the information provided in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on their behalf.
Include an electronic signature or physical signature if submitting a printed notice and, if the person submitting the notice is not the work’s owner, a statement that you are authorized to act on behalf of the owner.
8. Third-Party Links
The Site may include links to external websites or resources that are not under the control of Kerry Carroll LLC. We provide these links for informational purposes and convenience, but we do not endorse, guarantee, or assume responsibility for the content, accuracy, security, or practices of these third-party websites or resources.
The Company is not responsible for the availability of, or the content located on or through, any third-party website linked from the Website. You acknowledge that the Company does not review, monitor, or evaluate the accuracy, legality, or appropriateness of any content, advertising, products, services, or other materials on or available from third-party websites.
Your interactions with and use of third-party websites, products, services, or materials are solely at your own risk. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party website.
The Company disclaims any responsibility for any harm resulting from your use of third-party websites and their content. Your use of such websites is subject to the Terms & Conditions and privacy policies of the linked sites, and you are encouraged to review those documents before interacting with them.
The Company reserves the right to remove or replace third-party links at any time without notice. We are not responsible for any changes, updates, or discontinuation of third-party websites, and we shall not be held liable for any inconvenience or loss resulting from such changes.
9. Results Disclaimer
The Content, courses, programs, services, and products offered on this Site are intended to provide educational and informational resources. While Kerry Carroll LLC strives to deliver accurate and valuable content, it is important to understand that individual results may vary. Every person has unique circumstances, history, and talents, and nothing on this Site shall be interpreted as a guarantee that you will achieve any particular result.
10. Refund Policy
At Kerry Carroll LLC, we are committed to delivering high-quality products and services that meet your needs and expectations. We understand that issues or concerns may arise, and we value the opportunity to address them. Therefore, while we strive to work collaboratively with our clients to resolve any challenges, it's important to note that due to the nature of our products and services, we do not offer refunds for products purchased or services rendered.
11. Accuracy of Information
While we strive to provide accurate and up-to-date information on our Site, we do not guarantee the Content's accuracy, completeness, or reliability. We are not liable for any errors or omissions in the Content or any actions taken based on the information provided.
12. Disclaimer
Kerry Carroll, owner and operator of Kerry Carroll LLC, holds a JD from Columbia University Law School and an LLM from Kings College London, which contributes to the quality of the Content provided on this Website. However, the Content presented is for informational and educational purposes only and should not be considered as professional advice or a substitute for expert guidance.
Kerry Carroll LLC is not a medical provider, attorney, financial advisor, or accountant. The content on the Website is not intended to replace the advice of qualified professionals.
For medical, legal, financial, or accounting matters, you should always seek advice from a qualified professional who can evaluate your specific situation. Reliance on the information provided on the Website without consulting appropriate experts is not recommended. Any decisions made based on information obtained from the Website are at your own risk.
13. No Warranties
The information, content, materials, and services provided on this Site are provided "as is" and without warranties of any kind, whether express or implied. Kerry Carroll LLC expressly disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
14. Limitation of Liability
To the fullest extent permitted by applicable law, the Company and its officers, directors, employees, affiliates, agents, and representatives shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in any way connected with your use of or inability to use the Website or the content, materials, services, or products provided herein.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you to the extent prohibited by law.
15. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to your violation of these terms, your use or misuse of the Website, or any violation of applicable law or regulation.
16. Termination
Kerry Carroll LLC reserves the right to terminate, suspend, or restrict your access to the Website, in whole or in part, at its sole discretion and without notice, for any reason or no reason.
17. Modification of Content
The Company reserves the right to modify, suspend, or discontinue any aspect of the Website, including its content, at any time without notice.
18. Assignment
These Terms apply to you and you may not assign any rights or obligations under these Terms to any third parties.
19. Severability
If any part of these Terms is declared unenforceable or invalid, the remaining provisions will continue to be valid and enforceable in full force and effect. The Terms will be construed as if they had never contained any invalid or unenforceable provision.
20. Dispute Resolution & Arbitration
Any complaint or issue should be communicated with full details and description to Kerry Carroll LLC by e-mailing hello@kerrycarroll.com.
However, in the event of any dispute whatsoever arising out of or in connection with these Terms, you agree to submit to binding arbitration with the American Arbitration Association before a jointly selected arbitrator, in accordance with the American Arbitration Association’s rules. Both we and you agree to waive the right to trial by jury.
The decision of the arbitrator shall be final and any judgment shall be entered into the state courts of New Jersey. The only award that can be issued to you is a refund of any payment previously made to Kerry Carroll LLC for the related product or service. You acknowledge and understand that you may not seek any additional damages whether consequential or punitive.
In agreeing to this Dispute Resolution clause, you affirm and understand that you are waiving your right to a jury trial in court, which might otherwise be available to you but for this Dispute Resolution clause. In the event that any arbitration must be held, it must be located within fifty (50) miles of Bergen County, New Jersey. The prevailing party will be entitled to all reasonable attorney’s fees and costs necessary to enforce this Agreement.
21. Governing Law
This Agreement is governed by, construed, and enforced in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. The courts of Bergen County, New Jersey shall be the sole forum for resolving disputes hereunder.
22. Entire Agreement
These Terms, along with our Privacy Policy and Disclaimer, represent the entire understanding between you and Kerry Carroll LLC with respect to its subject matter and supersede any previous communication or agreements that may exist.
23. Contact
If you have any questions, concerns, or feedback relating to these Terms or to this site, please contact hello@kerrycarroll.com with a description of your concerns.
24. Conclusion
By using this Website, you acknowledge and accept the Terms & Conditions, including the Disclaimer and Limitation of Liability Clause. If you do not agree with these terms, please refrain from using the Website.
Last Updated: August 25, 2023