Terms of Use - Kristina Kushner

Effective since September 7, 2020

Products and services are provided by Kristina А. Kushner acting as a private entrepreneur (”Company”, ”we”, ”us”, ”our”). These Terms of Use (“Terms”) govern our provision of project management information services (“Services”), which includes your use of our website https://kristinakushner.com/ (”Website”) and the content we provide (”Content”). Since some of our Services may provide Content used by you or downloaded to your computer, phone, tablet, or another device, you agree that we can automatically update such content and that these Terms will apply to such updates. Please read these Terms carefully. By using our Services, you agree to these Terms.

USE OF SERVICES

WHO CAN USE OUR SERVICES

You can use our Services only if you are entitled to enter into a binding contract with the Company in accordance with these Terms and all applicable laws. When you fill out an application on the Company’s Website or on the website of the Company’s partner and subsequently receive Content using its certain functions, you must provide us with accurate and complete information about yourself, and you agree to update your information in a timely manner so that it is always accurate and complete. Any use of the Services or access to them by anyone under the age of 13 is prohibited, and additional requirements and/or restrictions may be set in some regions and content offerings.

OUR LICENSE

In accordance with these Terms, we provide you with a limited personal, non-exclusive, non-transferable, and revocable license to use the Website and Content in the process of receiving the Services. You may use the Website and Content only for personal, non-commercial use, unless you have received written permission from the Company to use the Content in any other way. You also agree that you will create, access, and/or use only one user account on the website of the Company’s partner unless expressly permitted by the Company, and you will not transfer access or access to information for your account on the website of the Company’s partner to third parties. Using our Services does not give you intellectual property rights in relation to our Website or the Content that you access including those posted on the websites of the Company’s partners.

In case of violation of the rules specified in these Terms, we reserve the right to unilaterally revoke the granted license without any compensation and refunds. In addition to the above, we may unilaterally revoke the granted license without any compensation and refunds if:

you become disruptive or difficult to work with;
you fail to follow the program guidelines; or,
you impair the participation of the instructor or participants in our program(s) or in receiving of our Content or Services,
you violate the limitations or restrictions on the use of the Content and Services.

CHANGES IN SERVICE DELIVERY

Using the Website, the Company offers you Services, including Content (blog posts, articles, images, screenshots, audio records, information, paid programs (courses), training materials, live calls and their recordings, online and phone consultations) and other services. Although we strive to provide offers of world-class content, we cannot be responsible for unexpected events that may affect the quality and timing of receipt of the Services. The Company reserves the right to cancel, interrupt, postpone, or change any Services. Content changes are subject to the Limitation restriction and Liability waiver sections below.

SERVICES USE LIMITATION

We make every effort to ensure that all our users feel safe when using our Services. We have developed this list of restrictions to ensure that people understand and follow the rules when receiving our Services. When using the Services, it is prohibited:

Take action that violates local, state, national or international law or violates any of your responsibilities.
Share your password, give someone access to your account on the websites of the Company’s partners, or take other actions that could jeopardize your account.
Access or attempt to access any other user’s account on the websites of the Company’s partners.
Distribute materials and information received from other users in the process of receiving the Services, for instance during the process of participating in discussions in a private group, chat or portal.
Reproduce, transfer, sell, resell or otherwise misuse any Content or Service, unless specifically authorized by the Company.
Access, interfere with the work or use restricted areas of the Website without the express permission of the Company.
Violate or bypass our authentication or security measures or otherwise test the vulnerability of the Website, unless specifically authorized by the Company.
Try to redesign any part of our Services.
Attempt to interfere with any user, host, or network, such as sending a virus, overloading, spamming, or hacking mail.
Use our Services to distribute malware.
Use our Services or any features of the Website for anything other than obtaining the Services.
Misrepresent your affiliation with any natural or legal person.
Encourage or help someone else to do anything on this list.
Take other actions that could harm us, our users, or the quality of our Services.

In case of violation of these restrictions, we reserve the right to unilaterally terminate the provision of the Services without any compensation and refunds.

FEEDBACK

We welcome your suggestions, ideas, comments, reviews and other feedback regarding the Services (“Feedback”). By submitting a feedback you give us the right to use it without any restrictions, limitations or any compensation to you. By accepting your feedback, the Company does not waive any right to use similar or related feedback previously known to the Company, provided to its employees, partners or contractors, or obtained from other sources.

SECURITY

We care about the safety of our users. Although we and our partners are constantly working to ensure the security of your personal data, your account and related information, the Company and its partners cannot guarantee that unauthorized third parties will not be able to pass through our security measures. Please immediately inform us of any compromised or unauthorized use of your account by emailing kris@crizper.com.

THIRD-PARTY CONTENT

In some cases, when you receive our Services, you will have the opportunity to access and/or use the Content provided by third parties, as well as links to websites and services supported by third parties. The Company cannot guarantee that such third-party Content on our Website or elsewhere will be free from material that you may find objectionable or otherwise inappropriate, or from malicious programs that could harm your computer, mobile device, or any files in it. The Company disclaims any liability related to your access or use, or the inability to access and use such third-party Content.

COPYRIGHT AND TRADEMARK POLICY

The Company respects the intellectual property rights of our users and other third parties and expects our users to do the same when receiving our Services.

We have adopted and implemented copyright and trademark policies in accordance with applicable law, including the Copyright Act in the Digital Age. We reserve the right to revoke the license and stop providing the Services to users who violate copyrights, trademarks, or other intellectual property rights of us, our partners, or others.

Copyright law provides protection to copyright holders who believe that content posted on the Internet infringes their rights under copyright law.

If you conscientiously believe that the Content posted on our Website infringes your copyright, the law provides that you (or your representative, agent) may send us a notice asking us to remove the material or block access to it.

The notice should contain the following information:

physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly violated;
identification of the copyrighted work that is alleged to have been infringed (multiple copyrighted works posted on the Website are covered by a single notice listing such works);
identification of the material that is alleged to violate copyrights or is the subject of illegal activity, and information reasonably sufficient for the Company to find the material on the Website;
name, address, telephone number, and email address (if any) of the party filing the complaint;
statement that the party filing the complaint conscientiously believes that the use of the material in question is not permitted by the copyright owner, its agent or the law; and
statement that the information in the notice is accurate and that, under penalty of perjury, the party submitting the complaint confirms its authority to act on behalf of the owner of the exclusive right that is allegedly violated.

Notices must comply with applicable regulatory requirements established by applicable law. Notifications and counter-notices regarding the Content may be sent to:

by mail: Russia, 432000, Ulyanovsk region, Ulyanovsk, st. Goncharov, 9, post office box 27
by email: kris@crizper.com

We suggest that you consult your lawyer before filing a notice. Also, be aware that fines for false claims may apply in accordance with applicable law.

The Company also respects the trademark rights of others. Accounts on the websites of our partners with any information that misleads others or violates someone else’s trademark can be forcibly changed, suspended, or disabled at the request of the Company at its discretion. If you are concerned that someone may be using your trademark in an illegal manner on our Services, please email us at kris@crizper.com, and we will review your complaint. If we consider it appropriate, we may delete the illegal information, notify the person who posted such information, and/or temporarily suspend or permanently disable that person’s account on the website of our partner.

RESEARCH

The Company seeks to accumulate and develop experience in the information distribution that’s why records (screenshots, videos, etc.) of your participation in events can be used for research in the field of information distribution, including demonstration of the results of receiving our Services. In the interests of this research, you may encounter changes in the content offered or with the publication on the Internet of records of your participation in events with the indication of your name, login, avatar, and other data that you have made public. Research results are reported on an aggregate basis without the use of your Personal information, except for that which is made public by you. Your other non-public Personal information will not be publicly disclosed in any research results without your explicit consent.

PAID SERVICES

PROVIDED PAID SERVICES

TERMS OF PAYMENT

The Company offers paid Services (paid programs (courses), consultations, information and advice on project management, including training materials, live calls and their recordings, audio and video records, online and phone consultations). The Company provides Services on a paid basis. The price is always indicated in the description of the Services in the invoice issued to you. Unless otherwise indicated, all prices and applicable taxes and fees are quoted in US dollars. You are responsible for the timely payment of all taxes and fees charged to the Company through the payment mechanism associated with the applicable paid Services. If your payment method is unavailable or your credit card is out of date, we may charge you using other payment mechanisms. Taxes and fees may vary depending on your location and other factors, and the Company reserves the right to change any taxes and fees at any time in its sole discretion.

Payment for Services means your full and unconditional agreement with these Terms and the requirements set forth therein.

RETURN POLICY

The Company does not offer refunds for payments made for any paid Services. If you cancel your license or use of Services, the cancellation will take effect at the end of the current annual period; in case of a license, you will have continuous access to the Service for the remaining time of this period, but you will not receive a refund for it.

CHANGE AND TERMINATION OF THE SERVICES DELIVERY

We are constantly changing and improving our Services. We may add or remove functions or requirements, and we may also suspend or terminate the provision of part of our Services or all Services in general. Accordingly, the Company may terminate your use of any Service for any reason. If you stop using the paid Service, a refund is possible in accordance with our return policy. We may not be able to provide Services to certain regions or countries for various reasons, including due to applicable export control requirements or government restrictions on Internet access. The Company has no responsibility to you for any such actions. You can stop using our Services at any time.

DISCLAIMER

THE SERVICES INCLUDING THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, BOTH EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ANY WARRANTY AND CONDITIONS OF APPLICABILITY OF SERVICES WHEN CONDUCTING BUSINESS AND ANY OTHER ACTIVITIES, SUITABILITY OF SERVICES FOR ANY OTHER PURPOSES, EVEN IF IT IS APPLICABLE FOR THEM. THE COMPANY ALSO DISCLAIMS ANY RESPONSIBILITY CONCERNING YOUR ACCESS TO THE WEBSITE OR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO THE WEBSITE OR THE USE OF THE SERVICES IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS OR REVENUES, ARISING DIRECTLY OR INDIRECTLY, OR ANY LOSS OF USE, DATA OR OPPORTUNITY, REPUTATION OR ANY OTHER INTANGIBLE ASSETS IN RELATIONSHIP WITH (A) ACCESS TO THE SERVICES OR THEIR USE, OR THE IMPOSSIBILITY OF ACCESSING OR USING THE SERVICES; (B) ANY BEHAVIOR OR THE CONTENT OF ANY PARTY, INCLUDING, WITHOUT LIMITATION, ANY DETRACTIVE, INSULTING, OR ILLEGAL BEHAVIOR; OR (C) UNAUTHORIZED ACCESS, USE OR MODIFICATION OF CONTENT OR INFORMATION; (D) THE ACTIVITIES OF OUR PARTNERS, ANY CHANGES IN THEIR ACTIVITIES AND THE DOCUMENTS REGULATING SUCH ACTIVITIES. THE COMPANY’S CUMULATIVE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL IN NO EVENT EXCEED TWENTY USD (USD 20). YOU ACKNOWLEDGE AND AGREE THAT DISCLAIMER AND LIMITATION OF LIABILITY, SPECIFIED IN THESE TERMS, REFLECT THE REASONABLE AND HONEST RISK DISTRIBUTION BETWEEN YOU AND THE COMPANY. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

COMPENSATION OF LOSSES

You agree to take responsibility and indemnify for the damage caused to the Company by any claims, liabilities, expenses, and losses, including fees and expenses for lawyers, incurred by any third party in connection with: (a) your use or attempt to use the Services in violation of these Conditions; (b) your violation of any law or the rights of any third party in using the Services.

GOVERNING LAW AND JURISDICTION

Services are provided by the Company located in the Russian Federation. You agree that any dispute related to these Terms will be governed by the laws of the Russian Federation, except for the rules and regulations of the legislation applicable to you which have a higher priority in accordance with international agreements. You also consent to the personal jurisdiction and exclusive venue in the Pervomaisky District Court of the city of Rostov-on-Don, located in the Russian Federation.

GENERAL TERMS

CHANGE OF THE TERMS

We reserve the right to at any time revise the Terms at our discretion. Any changes to the Terms will take effect immediately upon publication by us. For any significant changes to the Terms, we will take reasonable steps to notify you of such changes through a banner on the Website, email notification, another method, or a combination of methods. In all cases, your continued use of the Services after the publication of such changes with or without notice implies the mandatory acceptance of the revised Terms.

SEPARABILITY; WAIVER

Should it appear that a specific provision of these Terms is not enforceable due to their invalidity or other reason, this will not affect the implementation of other provisions of these Terms. If you do not comply with these Terms, and we do not take immediate action, this does not mean that we waive any rights that we may have (for example, to take action in the future).

NOTIFICATION FOR CALIFORNIA USERS

In accordance with the California Civil Code § 1789.3, California Website users are entitled to receive the following specific consumer rights notice: the California Department of Consumer Affairs, Consumer Services Complaints Assistance Division may be contacted in writing: 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or call (800) 952-5210.