Terms Of Service ‹ Emergent Soul

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY

ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE

BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF

YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN

PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF

SERVICE AGREEMENT IS EFFECTIVE AS OF 12/13/2103.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern

the relationship with our users and others which may interact or interface with KAM Enterprises INC, also

known as , located at 8461 Lake Worth Road, Ste 433, Lake Worth, Florida 33467, and our subsidiaries and

affiliates, in association with the use of the website, which includes http://www.EmergentSoul.com (the

“Site”) and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is a blog e-commerce which has the following description:

Information on the community Emergent Soul, and also Coaching Packages to individuals.

Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the

purpose of this TOS.

The user acknowledges and agrees that the Services provided and made available through our website and

applications, which may include some mobile applications and that those applications may be made

available on various social media networking sites and numerous other platforms and downloadable

programs, are the sole property of KAM Enterprises INC. At its discretion, KAM Enterprises INC may

offer additional website Services and/or products, or update, modify or revise any current content and

Services, and this Agreement shall apply to any and all additional Services and/or products and any and all

updated, modified or revised Services unless otherwise stipulated. KAM Enterprises INC does hereby

reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as

the end user , acknowledge, accept and agree that KAM Enterprises INC shall not be held liable for any

such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or

products. Your continued use of the Services provided, after such posting of any updates, changes, and/or

modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such,

frequent review of this Agreement and any and all applicable terms and policies should be made by you to

ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated,

modified, revised or modified terms, you must stop using the provided Services.

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided

“AS IS” and as such KAM Enterprises INC shall not assume any responsibility or obligation for the

timeliness, missed delivery, deletion and/or any failure to store user content, communication or

personalization settings.

Every member’s registration data and various other personal information are strictly protected by the KAM

Enterprises INC Online Privacy Policy (see the full Privacy Policy at https://emergentsoul.com/privacypolicy/).

As a member, you herein consent to the collection and use of the information provided, including

the transfer of information within the United States and/or other countries for storage, processing or use by

KAM Enterprises INC and/or our subsidiaries and affiliates.

INTERSTATE COMMUNICATION

Upon registration, you hereby acknowledge that by using http://www.EmergentSoul.com to send electronic

communications, which would include, but are not limited to, email, searches, instant messages, uploading

of files, photos and/or videos, you will be causing communications to be sent through our computer

network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that

the use of this Service shall result in interstate transmissions.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all

local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting

and/or transferring of software, technology and other technical data may be subject to the export and import

laws of the United States and possibly other countries. Through the use of our network, you thus agree to

comply with all applicable export and import laws, statutes and regulations, including, but not limited to,

the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the

sanctions control program of the United States (http://www.treasury.gov/resourcecenter/

sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

a) are not on the list of prohibited individuals which may be identified on any government export

exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of

any other government which may be part of an export-prohibited country identified in applicable

export and import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through the use of our

network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile, chemical or

biological weaponry end uses that would be a violation of the U.S. export laws; and

d) agree not to post, transfer nor upload any software, technology or any other technical data which

would be in violation of the U.S. or other applicable export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

KAM Enterprises INC shall not lay claim to ownership of any content submitted by any visitor or user, or

make such content available for inclusion on our website Services. Therefore, you hereby grant and allow

for KAM Enterprises INC the below listed worldwide, royalty-free and non-exclusive licenses, as

applicable:

a) The content submitted or made available for inclusion on the publicly accessible areas of KAM

Enterprises INC’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt,

publicly perform and/or publicly display said Content on our network Services is for the sole

purpose of providing and promoting the specific area to which this content was placed and/or made

available for viewing. This license shall be available so long as you are a member of KAM

Enterprises INC’s sites, and shall terminate at such time when you elect to discontinue your

membership.

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly

accessible areas of KAM Enterprises INC’s sites, the license provided to permit to use, distribute,

reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network

Services are for the sole purpose of providing and promoting the specific area in which this content

was placed and/or made available for viewing. This license shall be available so long as you are a

member of KAM Enterprises INC’s sites and shall terminate at such time when you elect to

discontinue your membership.

c) For any other content submitted or made available for inclusion on the publicly accessible areas of

KAM Enterprises INC’s sites, the continuous, binding and completely sub-licensable license which

is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform

and/or publicly display said content, whether in whole or in part, and the incorporation of any such

Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of KAM Enterprises INC’s sites are those

such areas of our network properties which are meant to be available to the general public, and which

would include message boards and groups that are openly available to visitors .

CONTRIBUTIONS TO COMPANY WEBSITE

KAM Enterprises INC provides an area for our users to contribute feedback to our website. When you

submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and

agree that:

a) your Contributions do not contain any type of confidential or proprietary information;

b) shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or

implied, related to any Contributions;

c) shall be entitled to make use of and/or disclose any such Contributions in any such manner as they

may see fit;

d) the contributor’s Contributions shall automatically become the sole property of ; and

e) is under no obligation to either compensate or provide any form of reimbursement in any manner or

nature.

INDEMNITY

All users herein agree to insure and hold KAM Enterprises INC, our subsidiaries, affiliates, agents,

employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may

include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any

content a user of our site may submit, post, modify, transmit or otherwise make available through our

Services, the use of Services or your connection with these Services, your violations of the Terms of

Service and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial

reason any part, use of, or access to ‘s sites.

MODIFICATIONS

KAM Enterprises INC shall reserve the right at any time it may deem fit, to modify, alter and or

discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior

notice. In addition, we shall not be held liable to you or to any third party for any such alteration,

modification, suspension and/or discontinuance of our Services, or any part thereof.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located

on or through our Services, which may include the payment and/or delivery of such related goods and/or

Services, and any such other term, condition, warranty and/or representation associated with such dealings,

are and shall be solely between you and any such advertiser. Moreover, you herein agree that KAM

Enterprises INC shall not be held responsible or liable for any loss or damage of any nature or manner

incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our

website.

LINKS

Either KAM Enterprises INC or any third parties may provide links to other websites and/or resources.

Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites

or resources, and as such, we do not endorse nor are we responsible or liable for any content, products,

advertising or any other materials, on or available from such third party sites or resources. Furthermore, you

acknowledge and agree that KAM Enterprises INC shall not be responsible or liable, directly or indirectly,

for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection

with the use of or the reliance on any such content, goods or Services made available on or through any

such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that KAM Enterprises INC’s Services and any essential software

that may be used in connection with our Services (“Software”) shall contain proprietary and confidential

material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein

acknowledge and agree that any Content which may be contained in any advertisements or information

presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or

other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law

or as authorized by KAM Enterprises INC or such applicable licensor, you agree not to alter, modify, lease,

rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which

are based on KAM Enterprises INC Services (e.g. Content or Software), in whole or part.

KAM Enterprises INC herein has granted you personal, non-transferable and non-exclusive rights and/or

license to make use of the object code or our Software on a single computer, as long as you do not, and shall

not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer,

reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense,

grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do

herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any

modified versions of the Software, including and without limitation, for the purpose of obtaining

unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services

through any means other than through the interface which is provided by KAM Enterprises INC for use in

accessing our Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF KAM ENTERPRISES INC SERVICES AND SOFTWARE ARE AT THE SOLE

RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS”

AND/OR “AS AVAILABLE” BASIS. KAM ENTERPRISES INC AND OUR SUBSIDIARIES,

AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS

EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER

EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED

WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE

AND NON-INFRINGEMENT.

b) KAM ENTERPRISES INC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,

PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) KAM

ENTERPRISES INC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)

KAM ENTERPRISES INC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,

TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE

OBTAINED FROM THE USE OF THE KAM ENTERPRISES INC SERVICES OR SOFTWARE

WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,

ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR

OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR

EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE

SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY

OF KAM ENTERPRISES INC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR

SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY

RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF

ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET

ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT

COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR

MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT

MAY BE OBTAINED BY YOU FROM KAM ENTERPRISES INC OR BY WAY OF OR FROM

OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY

STATED IN THE TOS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF

EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR

BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE

USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY

UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO

HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,

ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC

CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE

FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON,

EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY

INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT KAM ENTERPRISES INC

AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND

LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL,

SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,

DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE,

DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED

OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE OUR SERVICE;

b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS

AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or

other information from our Services concerning companies, stock quotes, investments or securities, please

review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this

particular type of information, the phrase “Let the investor beware” is appropriate. KAM Enterprises INC’s

content is provided primarily for informational purposes, and no content that shall be provided or included

in our Services is intended for trading or investing purposes. KAM Enterprises INC and our licensors shall

not be responsible or liable for the accuracy, usefulness or availability of any information transmitted

and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or

investment decisions based on any such information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF

SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO

YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there

shall be third-party beneficiaries to this agreement.

NOTICE

KAM Enterprises INC may furnish you with notices, including those with regards to any changes to the

TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our

website Services, or other reasonable means currently known or any which may be herein after developed.

Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an

unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have

received any and all notices that would have been delivered had you accessed our Services in an authorized

manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the KAM Enterprises INC trademarks, copyright,

trade name, service marks, and other KAM Enterprises INC logos and any brand features, and/or product

and service names are trademarks and as such, are and shall remain the property of KAM Enterprises INC.

You herein agree not to display and/or use in any manner the KAM Enterprises INC logo or marks.

& PROCEDURES

KAM Enterprises INC will always respect the intellectual property of others, and we ask that all of our

users to the same. With regards to appropriate circumstances and at its sole discretion, KAM Enterprises

INC may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or

infringes the rights of others. If you feel that your work has been duplicated in such a way that would

constitute copyright infringement, or if you believe your intellectual property rights have been otherwise

violated, you should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of

the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has been

infringed upon;

c) A description of the location of the site which you allege has been infringing upon your work;

d) The physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by

the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your

notice is the truth and accurate, and that you are the copyright or intellectual property owner,

representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

The KAM Enterprises INC Agent for notice of claims of copyright or other intellectual property

infringement can be contacted as follows:

Mailing Address:

KAM Enterprises INC

Attn: Copyright Agent

8461 Lake Worth Road, Ste 433

Lake Worth, Florida 33467

Telephone: 561-899-0433

Fax: 561-828-5975

Email: karen@kamenterprisesinc.com

CLOSED CAPTIONING

BE IT KNOWN, that KAM Enterprises INC complies with all applicable Federal Communications

Commission rules and regulations regarding the closed captioning of video content. For more information,

please visit our website at http://www.EmergentSoul.com.

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and KAM Enterprises INC and shall govern the use

of our Services, superseding any prior version of this TOS between you and us with respect to KAM

Enterprises INC Services. You may also be subject to additional terms and conditions that may apply when

you use or purchase certain other KAM Enterprises INC Services, affiliate Services, third-party content or

third-party software.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and KAM Enterprises INC with regard to the TOS that the

relationship between the parties shall be governed by the laws of the state of Florida without regard to its

conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or

relating to the TOS, or the relationship between you and KAM Enterprises INC, shall be filed within the

courts having jurisdiction within the County of Palm Beach, Florida or the U.S. District Court located in

said state. You and KAM Enterprises INC agree to submit to the jurisdiction of the courts as previously

mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such

courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should KAM Enterprises INC fail to exercise or enforce any right or provision of the TOS,

such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by

a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor

to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS

remain in full force and effect.

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or

action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said

claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of this TOS to KAM Enterprises INC as follows: