This web site (the “Site”) is operated by Kiwi Lane Designs, LLC (referred to herein as “Kiwi Lane Designs”, “we”, “us” and “our”). Your use of the Site is subject to the following terms and conditions.
2. Additional Terms:
All information, materials, functions and other content (including Submissions as defined in Section 9 below) provided on this Site (collectively “Content”), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by US and international copyright laws. The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by US and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited.
Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on this Site are our registered and unregistered Trademarks and the Trademarks of our licensors. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
6. Use of Site and Content:
In the event that we offer downloads of software from this Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
Links to third party web sites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use such links, you will leave this Site. We have not reviewed all such third party sites (if any) and do not control and are not responsible for any of these web sites and their content. We do not endorse or make any representations about such web sites or any information or materials found there, or any results that may be obtained from using them. If you access any third party web sites linked from this Site, you do so at your own risk.
No hyperlinks to this Site are permitted without our prior written consent. If you would like to link to this Site from your web site, please submit via email your request to link to this Site to firstname.lastname@example.org. Unless you receive our express written consent, your request to link to this Site shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of Kiwi Lane Designs, a web site that links to this Site:
• Shall not imply, either directly or indirectly, that Kiwi Lane Designs is endorsing its products;
• Shall not use any of our Trademarks or the Trademarks of our licensors;
• Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;
• Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill;
• Shall not present false or misleading information about us or the Kiwi Lane Designs opportunity;
• Shall not misrepresent any relationship with us;
• Shall not replicate in any manner any content in the Site; and
• Shall not create a browser or border environment around Site material.
8. Claim of Copyright Infringement:
We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:
• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your physical address, telephone number and email address;
• 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 by the law; and
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below. To be effective, the counter-notification must be a written communication that contains the following:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Kiwi Lane Designs may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
We are always pleased to receive your comments, suggestions, and Submissions regarding this Site, our products and services, and our opportunity. If you transmit to us, post, or upload any Submissions to or through this Site, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
Some services on this Site permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Site.
11. Public Forums and Communication:
“Public Forum” means an area or feature offered as part of this Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum.
You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.
12. Rules of Conduct:
The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not upload, post, or otherwise distribute to the Site any Submission that:
• (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
• infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
• is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
• contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; or
• (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet.
13. Removal of Submissions:
The Site is intended for viewing and use in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws. We do not intend to provide our products or services outside the United States.
Kiwi Lane Designs is committed to the safety of our children. Persons under the age of 18 may not enroll as Kiwi Lane Designs Instructors or register as customers. Children under the age of 13 may not purchase products through any of our Websites. Kiwi Lane Designs does not solicit or knowingly collect personally identifiable information from children under the age of 13.
17. Disclaimer of Warranties:
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Content of the Site is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, is not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your physician with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any of the Content included in, or accessible through, the Site without seeking the appropriate legal, medical, or other professional advice. Reliance on any information appearing on the Site is strictly at your own risk.
The Site may contain the opinions and views of other users. Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.
18. Limitation of Liabilities:
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, INSTRUCTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, INSTRUCTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
19. Governing Law, Jurisdiction and Venue:
20. General Provisions:
We make no representations that the Content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
All software used on the Site or other Offerings is subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Burma, Democratic Republic of the Congo, Ivory Coast, Iraq, Libya, North Korea, Iran, Syria, Sudan, Venezuela or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
21. California Privacy Rights:
Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties, if any, to which Kiwi Lane Designs has disclosed Personal Information during the preceding year for direct marketing purposes (e.g., requests made in 2015 will receive information about 2014 sharing activities). We comply with this law by offering our visitors the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please write us at:
Kiwi Lane Designs, LLC
412 S. King Ave., Suite 101
Middleton, Idaho 83644
You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message.
Please note that any request under this Paragraph will be limited to our use and disclosure of your personal information. You will need to make the same request of your Kiwi Lane Designs Independent Instructor if you would like to obtain information about any disclosure that he or she has made of your personal information.
22. Contacting us:
I. Children’s Privacy
II. Information Collection
Kiwi Lane Designs is the sole owner of the Website, including Replicated Websites. We collect information from Independent Instructors (“Instructors”), customers and visitors to the websites at different points on the websites.
A. Traffic Data. Like most website operators, Kiwi Lane Designs automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of devices accessing the Website; and (iv) types of Web browsers accessing the Website (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you.
C. Personal Information. Through your use of or visits to our websites, you may be required or requested to provide personally identifiable information (hereafter “Personal Information”) to us. Personal Information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person. Such information includes, without limitation: (1) “Contact Data” (such as your name, mailing address and e-mail address); (2) “Demographic Data” (such as your age, gender, profession, education level, relationship status, religious affiliation, country, state, city and likes and dislikes,); and (3) “Financial Data” (such as your credit/debit card number and expiration date). In each case, you will be asked to provide Personal Information; the Website will not gather it surreptitiously. Kiwi Lane Designs may supplement the Personal Information you provide with additional personal information gathered from public sources or from third-parties (e.g., consumer reporting agencies) who may lawfully provide such information to Kiwi Lane Designs. You are under no obligation to provide Personal Information, with the caveat that your refusal to do so may prevent you from using certain of the features and services available on the Website or from purchasing any of our products.
D. Instructor and Customer Registration. In order to become an Instructor, an applicant must provide Personal Information to us. We also may require an applicant’s Social Security Number or Federal Tax ID Number so that we may prepare and file necessary non-employee compensation forms for the IRS. Certain customers may be required to register in order to purchase products directly from us (“Registered Customers”). Registered Customers will be required to provide Personal Information. We use this information to maintain contact with Instructors and Registered Customers, and to process Instructor and Registered Customer orders.
E. Product or Service Purchases. When a customer, Registered Customer, or Instructor purchases products or services from us through any of our websites, the purchaser must provide us with Personal Information. This information is used for billing and payment purposes and to fill orders.
F. Information that you make Public. The Website may contains features (e.g. public profiles, forums, and message boards) that permit you to upload, post, transmit, display, perform or distribute content, information or other material, including some of your Personal Information. Any information that you choose to disclose by means of such features becomes public information over which Kiwi Lane Designs is unable to exercise control. You should exercise caution when deciding to disclose your Personal Information by means of such features, and you agree to assume all responsibility for doing so.
III. Information Use And Disclosure Practices
A. Traffic Data and Information Gathered Using Cookies. Kiwi Lane Designs analyzes Traffic Data and information gathered using Cookies to help Kiwi Lane Designs better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, Kiwi Lane Designs is able to better design the Website to improve your experience, and to serve you more relevant and interesting content. From time to time, Kiwi Lane Designs may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. Kiwi Lane Designs does not attempt to link information gathered using Cookies to Personal Information.
· Disclosure in Connection with Services. Kiwi Lane Designs discloses Personal Information to those who help it provide Services, including those who perform technical, administrative and data processing tasks such as hosting, billing, fulfillment, and data storage and security.
· By Law or to Protect Rights. Kiwi Lane Designs discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Kiwi Lane Designs believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Kiwi Lane Designs, third parties or the public at large.
· Legally Required Law Enforcement, Judicial and Administrative Agency Disclosures. Kiwi Lane Designs will provide confidential and personally identifiable information as necessary to comply with judicial and administrative orders, subpoenas, Civil or Criminal Investigative Demands, Administrative and Regulatory Demands and other legal obligations. In order for Kiwi Lane Designs to conduct business in certain jurisdictions, Kiwi Lane Designs must disclose certain personally identifiable and confidential information to regulatory authorities in such jurisdictions. Such information may include, but is not limited to, income information and personally identifiable information.
· Unpaid Accounts. If you fail to pay any balance owed in consideration of Services, Kiwi Lane Designs may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies and others.
· Invite a Friend. When you invite family or friends to join the Kiwi Lane Designs network or to attend a Kiwi Lane Designs home party, Kiwi Lane Designs will send an email on your behalf to the indicated recipient. Your name and email address will appear in the “From” line of such email.
· Lead Assignment and Instructor Locator Features. Kiwi Lane Designs occasionally will assign prospective sales and new Instructor leads to Instructors. In these cases, we will provide the lead with the appropriate Instructor’s name and contact information and/or provide an Instructor with the prospective lead’s name and contact information. In addition, Kiwi Lane Designs has an Instructor Locator feature on its website. Pursuant to this feature, a prospective customer or new Instructor can locate a nearby Kiwi Lane Designs Instructor. In order to make the Instructor Locator feature and the lead assignments effective, the company will provide the prospective customer or new Instructor with the Instructor’s name and contact information, which may include his/her telephone number, address, and/or email address.
· To help Instructors in Kiwi Lane Designs’ network marketing program manage their independent businesses, we provide your Kiwi Lane Designs sponsor and other upline Kiwi Lane Designs Instructors with your name, Kiwi Lane Designs rank, address, telephone number, and email address as well as data relating to your sales and recruitment activity through the Back-Office to the Website.
IV. Communications From Us
A. Special Offers and Updates. By enrolling as an Instructor, registering as Registered Customer, or making a purchase or other inquiry through the Website, you consent to receive periodic email and other communications from us and from Kiwi Lane Designs Instructors. For example, Kiwi Lane Designs sends all new Instructors and Registered Customers a welcoming email to verify password, username, and acceptance of the Instructor Agreement or Customer Agreement. All Instructors and Registered Customers will occasionally receive information on products, services, special deals, and a newsletter. Customers who have not registered with Kiwi Lane Designs and who grant permission will also receive occasional information on products, services, special deals, and the like. B. Service Announcements. On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send Instructors and/or customers an email. Generally, Instructors may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature. C. Instructor and Customer Service. Kiwi Lane Designs communicates with Instructors and Registered Customers via email, regular mail and telephone on a regular basis to provide requested services and in regards to issues relating to their Kiwi Lane Designs business. Kiwi Lane Designs communicates with other customers with respect to products or services purchased by such customers from Kiwi Lane Designs. Such communications may be by email, regular mail or telephone.
A. Links. Kiwi Lane Designs’ websites may contain links to other sites. Please be aware that Kiwi Lane Designs is not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each and every website that collects Personal Information. This privacy statement applies solely to information collected by Kiwi Lane Designs websites. B. Security. Kiwi Lane Designs has implemented and maintains reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction or disclosure of your Personal Information.
C. Lost or Stolen Information. You must promptly notify us if your credit, banking, other financial information, user name or password is lost, stolen or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, user name or password from your account.
D. Making Changes to Your Personal Information. Instructors and Registered Customers may update their personal information as necessary by logging into their Kiwi Lane Designs Back Office or account, which allows them to access and edit their registration account information. In addition, Instructors and Registered Customers may contact us at email@example.com to update their profiles.