Legal Terms of Use and Disclaimers

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE:

 

This website is owned and operated by the Flaming Silver Brand and any and all of its associated companies, including, but not limited, to Flaming Silver R&R, LLC and Flaming Silver Trading (Pty) Ltd as registered in different countries, hereinafter collectively referred to as "the Flaming Silver Brand" and “the Business”, “we” or “us”. 

 

"You”, “yourself” and “your” refers to yourself, the individual reader and user of this website, all its associated digital pages and social media channels, and the related Disclaimer and Privacy Policy as contained therein.   

 

“Client” refers only to those who have paid for a Professional-Client Relationship with us (see below for further clarification). 

 

Any use of the above terminology or other words in the singular, plural, capitalization, and/or, he/she or they are taken as interchangeable and therefore as referring to same.

1. Your Use of this Site

Your access to and use of this website (hereinafter referred to as the "Site"), as well as all associated digital pages and social media channels as operated by the Business at any time relating to or associated with Miss Kristen Elizabeth Birkett Miller and www.flamingsilver.co, is subject to the following terms and conditions and disclaimers contained herein (collectively referred to as the “Terms of Use”) and all applicable laws.

 

By using this Site and all associated digital pages and/or any of the Business’s social media channels, you signify your acknowledgement, understanding and acceptance of, and hereby consent to (without limitation or qualification) all terms, conditions and disclaimers as contained herein. If you do not agree to these Terms of Use or our Privacy Policyplease do not use this Site or any associated digital pages or social media channels.

 

By using this Site and all associated digital pages and social media channels, you hereby acknowledge, accept and agree that any other agreements between you, the Business or any of its owners, officers, employees or representatives - as well as your use of this Site - are superseded and are of no force or effect; and that these Terms of Use now constitute a tacit Agreement (this “Agreement”) between yourself, the Site, Miss Kristen Elizabeth Birkett Miller as the current Business owner and as an individual, and the Flaming Silver Brand in its entirety representing the Business. We may revise this Agreement at any time, and the use of this Site and any associated digital pages after such changes are posted will automatically indicate your agreement to the revised terms and all related Disclaimers hereto. You should visit this page periodically to review this Agreement.

 

The Disclaimers, along with these Terms of Use and our Privacy Policy, governs your access to and use of this Site and all associated digital pages and social media channels, including but not limited to all content, resources, downloadable material, graphics, software, products, offers, programs and services offered on or through www.flamingsilver.co (whether as a guest user or as a registered user either in Affiliate or other Membership capacity). 

 

By accessing and using the Site and all associated digital pages and social media channels, and by downloading or purchasing any of our content, resources, products, offers or services related hereto, or by clicking to accept and agree to these Terms of Use when this option is made available to you, you hereby understand, accept and agree to be bound and abide by all Terms of Use, our Privacy Policy and our Disclaimers. If you do not want to agree to our Privacy Policy, our Terms of Use or the Disclaimers contained herein, then you must not access or use this Site or any of the associated digital pages or social media channels on behalf of the Business.

 

By actively making a booking with us (whether online or in person), you hereby affirm that you clearly understand, accept and agree to all the Terms of Use related to the Business as well as the terms of our Privacy Policy and Disclaimers. Your statutory Consumer Rights remain unaffected. 

 

All Terms of Use contained herein by default refer to the eventual offer, acceptance of and consideration of payment necessary to undertake the process of assisting you in a Professional-Client Relationship capacity in the most appropriate manner; whether by booked meetings (either in person or virtual) of a fixed duration or by any other means for the express purpose of meeting our Clients’ needs in respect of the provision of our stated services and/or products, and in accordance with and subject to prevailing law.  

2. Ownership of Material and Intellectual Property Rights:

All materials and content displayed or otherwise accessible through this Site and all its associated digital pages and/or social media channels - including, without limitation, articles, text, photographs, ebooks, eguides, images, videos, illustrations, and this website itself - are protected under American and foreign Copyright or other laws appropriately, and are owned by the Business.

 

Any use, reproduction, modification, alteration, public performance or display, uploading or posting onto the internet (including placing on another website), transmission, redistribution or other exploitation of this website or of any content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of the Flaming Silver Brand. 

 

All multi-media embedded in or located on or at this Site, including, without limitation, all digital purchases, or media that does not include an embed or sharing facility is protected by copyright and may be protected by other rights. You are hereby granted the right to access and use these items subject to

  1. the terms and conditions of this Agreement; and
  2. any additional conditions which may be imposed on your access at the time of purchase

You hereby acknowledge, accept and agree that all the information, content, resources and materials as provided in this Site and throughout the Business’s associated digital pages and social media channels - as well as all other content, videos, training materials, products, shared resources, services and/or other materials (whether digital or print) – which are made available to you by any of its owners, officers, employees or representatives - as well as the look and feel of all of the foregoing (collectively referred to as the “Content”) - are maintained for your personal use and information by the Business and shall remain the property of the Business and/or any third party associates, partners, suppliers or service providers.

 

You also hereby acknowledge, accept and agree that all such aforementioned Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, audio and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, its associated digital pages and throughout all social media channels.

 

No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Business. Modification of the Content or use of the Content for any other purpose is a violation of copyright and other proprietary rights of the Business and the authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of this Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Business and/or as may be opted-in to by way of a registration process on one of the Business’s associated digital pages.

 

All Content such as text, data, graphics files, videos, audio and sound files, and other materials contained in the Site, are deemed to be copyrighted unless otherwise noted and remain the property of the Business and/or a supplier to the Business. No such materials may be used except as provided in these Terms of Use.

 

All trade names, trademarks, images and biographical information of people used in the Business Content and contained in this Site and all associated digital pages and social media channels, including, without limitation, the name and trademark of the Business’s key terms or phrases, are either the property of - or used with permission by - the Business. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use.

 

Any unauthorized use of the Business’s Content may violate the copyright, trademark and/or other proprietary rights of the Business and its owners, officers, employees or associate representatives, agents, affiliates or other third parties; as well as laws of privacy and publicity and other regulations and statutes.

 

Nothing contained within this Agreement or in this Site or any of the Business’s associated digital pages or social media channels shall be construed as granting, whether by implication or otherwise, any license or right to use any trademark or other proprietary information without the express written consent of the Business or any associated third party owner.

 

The Business respects the copyright, trademark and all other intellectual property rights of others. The Business reserves the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

 

If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on this Site or in any Content in any way, you may notify the Business at kristen@flamingsilver.co . Please provide your name and contact information, the nature of your work and how you believe it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

3. Disclaimers:

All the Business’s Disclaimers, along with all the Terms of Use as contained herein and throughout our Privacy Policy, governs your access to and use of this Site and all associated landing pages and social media channels; including any Content, functionality and services offered on or through the Site whether as a guest user or a registered user in Affiliate and/or Membership form. Please read all our Terms of Use and Disclaimers carefully before you start to use this Site or any of its associated digital pages and/or social media channels.

 

By using this Site and any of the associated digital pages or social media channels, or by clicking to accept or agree to the Terms when this option is made available to you, you hereby acknowledge, accept and agree to be bound and abide by the Disclaimers. If you do not want to agree to the Privacy Policy, you must not access or use this Site or any associated Content pertaining to the Flaming Silver Brand.

4. No Professional-Client Relationship

Your use of this Site and all its associated digital pages - including the implementation of any suggestions and/or recommendations as may be set out therein - or the use of any Content and resources as is made available to you on or through the Business’s social media channels – does not create a Professional-Client Relationship between you and the Business or any of its owners, officers, professionals, employees or representatives.

 

The Business cannot accept you as a Client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are met and resolved. Thus, you hereby acknowledge, accept and agree that we have not created any Professional-Client Relationship with you by the use of this Site or any of its associated digital pages or social media channels.

5. For Information and Education Purposes Only

The information contained on this Site, all associated digital pages and as may be accessed on or through any of the Business’s social media channels, and any Content or resources made available for download through all the aforementioned and on this Site are for educational and informational purposes only. 

 

This Site and all Content, resources, products and services as provided or promoted by the Business are provided on an ‘As Is' basis. By accessing and using this Site, as well as any associated digital pages and social media channels, you hereby acknowledge and agree that the use of this Site and all Content related to the Business activities is entirely at your own risk.

 

The Business makes no representations or warranties regarding this Site or any of its Content, including, without limitation, no representation or warranty:

  1. that this Site or any of its associated Content will be complete, reliable, accurate, suitable or timely;
  2. that any Content, including, without limitation, any information, data, product or service contained in or made available through this Site or any of its associated digital pages or social media channels will be of merchantable quality or fit for a particular purpose;
  3. that the operation of this Site will be uninterrupted or error free;
  4. that defects or errors in this Site will be corrected;
  5. that this Site will be free from viruses or harmful components; and
  6. that communications to or from all associated digital pages, other websites or social media channel content will be secure or not intercepted.

6. User's Personal Responsibility:

By using this Site and all associated digital pages and/or any Content, products, resources or services as may be shared on or through the Business’s social media channels, you hereby accept personal responsibility for the results of your actions. You hereby acknowledge, accept and agree to take full responsibility for any harm and/or damage you may suffer as a result of the use, or non-use, of the information made available on this Site or any Content, resources or products available for download from this Site. You hereby accept and agree to use your own discernment and judgment and to conduct due diligence before taking any action or implementing any plan or policy as may be suggested or recommended on this Site or throughout any of the Business’s associated digital pages or social media channels at any time.

7. No Guarantees: 

You hereby agree that neither the Business nor any of its owners, officers, employees, representatives, licensors or agents have made any guarantees about the results you can achieve by taking any action, whether recommended by us online or not. The Business provides educational and informational Content and resources that are intended to help users and clients of this Site (and all associated digital pages and social media channels) succeed in their online business and otherwise.

 

You nevertheless recognize that your ultimate success or failure will be the result of your own actions and efforts, your particular situation and innumerable other circumstances beyond the control and/or knowledge of the Business or any of its owners, officers, employees, representatives, licensors, agents or affiliates as howsoever may be the case at any time, whether now or in the future.

 

You also hereby acknowledge, accept and recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others (whether as signed in a Professional-Client Relationship or as general Business consumers of the Business’s Content) - or as otherwise may be due to having applied the principles and/or teachings set out in this Site or through the associated digital pages and/or social media channels - represent no guarantee whatsoever that you or any other person or entity will be able to obtain similar results.

8. No Warranties: 

The Business makes no warranties regarding the performance or operation of this Site or any associated digital pages or social media channels. The Business further makes no representations or warranties of any kind, whether express or implied, as to the information, contents, resources, materials, products, documents, programs, books, guides, or services included on or through this Site or any of its associated digital pages or social media channels.

 

To the fullest extent permissible under law, the Business disclaims any and all warranties, whether express or implied, including implied warranties of merchantability and fitness for a particular purpose.

9. Not Professional Advice: 

The information contained on this Site, any associated digital pages and/or as may be made available for download on or through any social media channels, is not intended as, and shall not be understood or construed as, professional advice.

 

While all representatives, agents, officers, owners and employees of the Business are professionals and the information provided on this Site relates to issues within the Business’s area of professionalism, the information, Content and resources as contained on this Site, its associated digital pages and as may be shared on the Business’s social media channels is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation. 

 

We have done our best to ensure that the information provided on this Site, including all Content and resources made available to you, is accurate and provides valuable information. Regardless of anything to the contrary, no Content or other material available on or through this Site or any associated digital pages or social media channels should be understood or construed as a recommendation that you should not consult with a professional to address your particular situation. The Business herein expressly recommends that you seek advice from a professional prior to taking action.

 

Furthermore, neither the Business nor any of its representatives, employees or owners shall be held liable or responsible in any way for any errors or omissions on this Site or associated digital pages or social media channels for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

 

You hereby acknowledge, accept and agree that any mentoring, coaching, training, speaking engagements, products and/or services as may be shared throughout this Site and any associated digital pages and social media channels does not supercede or replace any advice, prescriptions or recommendations as provided to you by any healthcare or medical professional, regardless of your country or origin.

 

You also hereby acknowledge, accept and agree that any such mentoring, coaching, training, speaking engagements, products and/or services as may be shared throughout this Site and any associated digital pages and social media channels does not in any way replace or alter any current, past or future medical advice as was, is or may ever be recommended or prescribed to you by any other healthcare or medical professional, regardless of your country of origin.

10. Errors and Omissions: 

This World Wide Web Site is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up to date. While the Business has taken reasonable steps to ensure that the information, Content and resources as contained in this Site and throughout all associated digital pages and social media channels is accurate, we cannot represent that they are free of errors. You hereby acknowledge, agree and accept that the information, Content and resources as contained on this Site and on all associated digital pages and social media channels may be erroneous, and you hereby agree to conduct your own due diligence to verify any information obtained from this Site and/or its Content and resources made available to you prior to taking any action. You hereby expressly agree not to rely upon any information, Content or resources as contained in this Site or associated digital pages or social media channels.

11. Testimonials:

Please refer to our Privacy Policy for further clarification relating to testimonials, as well as agree to this clause:

At various places on throughout this Site and any associated digital pages and social media channels, you may find testimonials from clients or general consumers of the products and/or services as offered on this Site or by the Business in any another capacity, whether online or offline. These testimonials are actual statements made by clients who have been in some form of Professional-Client Relationship with the Business and its owners, officers or employees, and/or other general consumers of the Content, and all such testimonials as displayed have been truthfully conveyed even if the Business had to shorten and/or amend wording prior to publication for visual and/or spelling and/or grammar purposes.

 

Although these testimonials are truthful statements about results obtained by the Business’s Clients and/or other general consumers, the results obtained by these Clients and/or general consumers are not necessarily typical. You hereby expressly acknowledge, recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any Content, products or services offered on this Site, any associated digital pages or social media channels, or as testified to by the Business.

 

THE USE, ENJOYMENT, APPLICATION AND ANY ON-GOING IMPLEMENTATION OF ANY SHARED INFORMATION, RESOURCES, MATERIALS, TOOLS AND CONTENT IN A PROFESSIONAL-CLIENT RELATIONSHIP BETWEEN A CLIENT AND THE BUSINESS IS PERFORMED AT THE SOLE DISCRETION OF THE INDIVIDUAL RECEIVING SUCH MENTORING, COACHING, PROGRAMS, SERVICES, TRAINING AND ANY OTHER OFFERS THAT THE BUSINESS MAY PROMOTE.

12. Earnings and Success Disclaimer:

From time to time, the Business and any of its owners, officers, representatives and/or employees may report on the success of its existing and/or prior Clients or general consumers. The information about this success is accurately portrayed. You hereby acknowledge and recognize that the prior success of others does not guarantee your success.

 

As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, skill sets and level of desire. There are no guarantees concerning the level of income or success you may experience. There is no guarantee that you will make any income at all and you hereby accept the risk that the earnings and income statements differ from individual to individual. Each individual’s success depends on his or her background, dedication, desire, current available resources, inspiration, motivation and a multitude of other factors that may influence their life at any point in time whether now or in the future. 

 

The use of our information, products, Content, offers and/or services should be based on your own due diligence and you hereby expressly agree that the Business is not liable for any success or failure of your business that is directly or indirectly related to the purchase of, or use of, any of the information, Content, resources, products and/or services as reviewed or advertised on this Site and throughout any of the Business's associated digital pages or social media channels.

 

Neither the Business nor its owners, officers, employees or representatives believe in “get rich” programs, courses or offers; only in adding value to empower your life and in serving others with integrity, excellence and responsible, conscious leadership.

 

Our Content, products, services, offers and programs are intended to help you master specific areas within your life and business as promoted; and to help you implement the skills, tactics and knowledge you learn to make more money, eliminate any money leaks, improve your mindset, fortify your emotional wells, elevate your business, and increase your impact to ultimately live the lifestyle of your dreams. 

 

Our Content, products, services, offers and programs require your commitment and discipline, just like any worthy endeavor or other higher learning or professional education program or offer. Please do not register for our Content, offers, products, services or programs if you believe in the “money for nothing” or “get rich quick” ideology: the Business only wants serious people dedicated to real personal and professional development.

 

Every effort has been made to accurately represent the Business’s Content, products, services, offers and programs and their potential to both existing and potential clients. Even though the mentoring, coaching and consulting industry is one of the few where one can determine and co-create their own earnings, improve their cash flow, and/or rapidly elevate their business arenas and personal life, there is no guarantee that you will earn any money using the techniques, ideas, philosophies, concepts or methodology as may be shared throughout this Site or any associated digital pages or social media channels; let alone by way of your purchase of our programs, products, offers or services at any point in time. Examples of past client successes are not to be interpreted as a promise or guarantee of any kind in terms of your own earnings or income potential.

 

Any claims made of actual earnings or examples of results can be verified upon request. However, your level of success in attaining similar or greater results depends on the time, energy and effort you are willing to invest into the products, services, offers and programs as promoted by the Business. Your results also directly depend on your current knowledge, beliefs, values, experience and skill sets.

 

The Business and its owners, officers, employees and representatives feel that transparency is important, and we hold ourselves – and you – to a high standard of integrity and authenticity. This is why we openly share our disclaimers on our digital pages.

13. Registration and Use of Passwords:

To access particular pages and features of this Site or any associated digital pages or other social communities, you may be asked to register with the Business. Thus, you hereby acknowledge, accept and agree:

  1. that the Business reserves the right to refuse registration access to any individual or organisation at any time,
  2. to provide true, accurate, current and complete information about yourself as prompted by any form provided by the Business, and
  3. to maintain and promptly update the information you provide to the Business so as to keep it true, accurate, current and complete.

If the Business has reasonable grounds to suspect that such information is misleading, inaccurate, not current or is incomplete, then the Business and its owners, officers, employees or representatives reserve the right to suspend or terminate your access to and use of this Site and any of its associated digital pages or social media channels.

 

The Business’s use of any personally identifying information you provide as part of a registration process is governed by the terms of our Privacy Policy.  You hereby acknowledge, accept and agree that it remains your responsibility to maintain the confidentiality of your password(s) and account(s) with or related to the Business, and that you are responsible for all activities that occur by using your password(s) and/or account(s) with the Business.

 

You hereby agree to notify the Business immediately at kristen@flamingsilver.co of any unauthorized use of your password(s) or account features or any other breach of security, and to ensure that you exit from your account(s) at the end of any session for which a password is required. The Business cannot and will not be held liable for any loss or damage arising from your failure or the Business’s failure to protect your password(s) or any associated account information.

14. Affiliate Links:

From time to time, the Business participates in affiliate marketing and may allow affiliate links to be included on some of our digital pages and shared through our social media channels. This means we receive affiliate compensation when you click on or make purchases via the affiliate links we may share.

 

As a policy, the Business will only affiliate with or refer products, services, coaches, consultants or other experts that we believe will provide value to our Clients, consumers and followers. Any other experts that the Business refers to or recommends is not automatically intended as an endorsement or statement that the information referred to is accurate, whole or complete. We provide this information purely as a reference to all users of our Site and associated digital pages and social media channels, but it remains your responsibility to conduct due diligence in order to verify the referred or suggested information, and to make your own determination prior to taking any further action. 

 

You hereby acknowledge, recognize and agree that it remains your personal responsibility to investigate whether any affiliate offers are right for your personal situation and/or business requirements, and as to how said offers may benefit you. You will not rely on any recommendation, suggestion, reference or information provided by the Business but will instead conduct your own investigation and will rely upon your own discernment and judgement to decide whether to purchase the affiliate product or service.

 

The Business hereby disclaims any liability for direct, indirect or consequential loss arising in connection with the use of any affiliate content or resources as may be shared throughout this Site or any associated digital pages or social media channels by any person or organization, whether in its original form or altered in some way by the user. The Business hereby expressly gives no warranties as to any results or improvements you may be expecting from any shared affiliate content, resources or information.

15. Other Links, Downloads, Features and Advertisements:

This Site may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Business, nor by way of endorsement of the contents of such third-party websites.

 

We take no responsibility for the accuracy, content, or any aspect of that material, and disclaim any liability to you for such material or for any consequences of your decision to use the links provided or your use of such material.

 

We also hereby disclaim any and all liability from, and make no representations or warranties for, any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of those products and services at those other sites.

 

You hereby acknowledge, accept and agree that you shall not bring a suit or claim against the Business or any of its owners, officers, employees or representatives arising from or based on your purchase or use of products or services through those other sites.

 

Links do not imply that the Business or any of our affiliates sponsors endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of the Business or any of our affiliates as may be the case.  The Business is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind whatsoever regarding any third-party website.

16. Limitation of Liability:

YOU HEREBY AGREE TO FULLY ABSOLVE THE BUSINESS AND ANY OF ITS OWNERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES OF ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF THE USE OF THE INFORMATION, CONTENT AND/OR RESOURCES AS IS OR MAY BE CONTAINED ON THIS SITE AND ANY OF ITS ASSOCIATED DIGITAL PAGES AND SOCIAL MEDIA CHANNELS, INCLUDING ANY DOWNLOADABLE CONTENT, RESOURCES OR INFORMATION.

 

YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE THAT THE BUSINESS SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES AS MAY BE CAUSED TO YOU BY THE USE OF THIS SITE OR ANY OF ITS ASSOCIATED DIGITAL PAGES OR SOCIAL MEDIA CHANNELS.

 

THE BUSINESS AND ITS OWNERS, OFFICERS, EMPLOYEES AND REPRESENTATIVES – AS WELL AS ITS SUPPLIERS AND/OR PARTNERS AT ANY TIME – MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, CONTENT, RESOURCES, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE OR ANY ASSOCIATED DIGITAL PAGES OR SOCIAL MEDIA CHANNELS FOR ANY PURPOSE.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, CONTENT, RESOURCES, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BUSINESS AND/OR ITS SUPPLIERS OR PARTNERS, OWNERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR ANY ASSOCIATED DIGITAL PAGES OR SOCIAL MEDIA CHANNELS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED PRODUCTS OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SAID PRODUCTS AND/OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, CONTENT, RESOURCES, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR ANY ASSOCIATED DIGITAL PAGES OR SOCIAL MEDIA CHANNELS, OR AS OTHERWISE ARISING OUT OF THE USE OF THE SITE, ITS ASSOCIATED DIGITAL PAGES OR SOCIAL MEDIA CHANNELS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS OR PARTNERS, OWNERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

Because some states and/or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this Site or any of its associated digital pages or social media channels, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this Site and its associated digital pages or any social media channels.

 

The Business also hereby expressly disclaims any liability for the acts, omissions or conduct of any third-party user of this Site or any of its associated digital pages and/or social media channels, as well as any advertiser or sponsor of this Site or its content or resources shared.

 

Under no circumstances shall the Business or any of its owners, officers, employees or other representatives be held liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from

  1. the acts, omissions or conduct of any third-party user; and
  2. any use or inability to use any resources, materials, content, goods or services located at or made available at any website linked to or from this Site or any of this Site’s associated digital pages or social media channels.

 

If you decide to access or use any linked website or content, resources, materials, goods or services from a website linked to this Site or any of this Site’s associated digital pages or social media channels, you do so entirely at your own risk.

17. Professional Indemnity:

You hereby acknowledge, accept and agree to indemnify, defend and hold harmless the Business, the Flaming Silver Brand in all its forms and/or sister companies, as well as its owners, officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever; including, without limitation, legal fees and disbursements resulting directly or indirectly from:

  1. your breach of any of the terms and conditions of this Agreement;
  2. your access, use or inability to access or use this Site or any of its associated digital pages or social media channels or any other Content to which the Business Site is or may be linked to from time to time;
  3. your use of, reliance on, publication, communication, distribution, uploading or downloading of anything on or from the Business Site and all associated digital pages and/or social media channels; and/or
  4. your violation of any law or regulation.

18. Performance:

Neither the Business nor any of its owners, officers, employees or representatives shall be responsible for any performance or service problems as may be experienced on or by any third party website, application or service provider such as your web hosting provider, your internet service provider, any online payment gateways such as PayPal, Stripe or PayFast, your software and/or any updates or upgrades to the hardware or software on your devices. Any such problem shall be governed solely by the agreement between you and said service provider.

 

The Business reserves the right to determine, in its sole discretion, whether the Business is responsible for any malfunction or disruption to any online resources or activities. The Business also reserves the right to limit your use of the Site and any of its associated digital pages and social media channels, as well as any Content provided, and to terminate your user account(s) should we have determined that you have violated any of these Terms of Use, or that you have violated any other rules or conditions of the Business including, but not limited to, any terms as contained within our Privacy Policy.

19. Consent: 

When you opt in, subscribe or sign up in any other way to receive any content, resources or materials associated with the Business, or when you register for anything on this Site and/or its associated digital pages or social media channels, you hereby give your consent to receive any notices, announcements, agreements, disclosures, reports, documents, electronic communications (including by way of email) concerning new products or services, and/or other records or correspondence from the Business.

 

You also hereby acknowledge, accept and agree that if or when you send comments, feedback and/or suggestions about this Site and any of its associated digital pages or social media channels – including, but not limited to, any notes, texts, whatsapp communications, sms messages, emails, drawings, images, designs or computer programs or software – that such submissions shall become and shall remain the sole property of the Business.

 

No submission shall be subject to any obligation of confidence on the part of the Business. The Business shall exclusively own all rights to, including intellectual property rights thereto, such submissions and shall be entitled to unrestricted use, publication and dissemination of all such submissions for any purpose, whether commercial or otherwise, without any acknowledgment or compensation to you.

 

The Business will not intentionally disclose any personally identifying information about you to third parties, except where the Business, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms of Use and any Disclaimers as contained herein. By using the Site and any associated digital pages and/or our social media channels, you hereby signify your agreement to and acceptance of the Business’s Privacy Policy.  If you do not agree with this Privacy Policy, in whole or part, please do not continue to use this Site.

 

Neither the Business nor any other party involved in creating, producing or maintaining the Site or any associated digital pages or social media channels, and/or any Content as contained on, in or downloadable from this Site and any associated digital pages or social media channels, shall be held liable, under any circumstances, for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of this Site and all related brand and business material whether now or in the future.

 

You also hereby acknowledge, accept and agree that all such Business Content, whether whole or in part and howsoever provided to you, is provided “As Is” without warranty or guarantee of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose.

20. Security of Information on the Internet:

You should note that any information sent or received over the internet is generally considered unsecure and neither the Business nor any of its owners, officers, employees or representatives can or do make any representation or warranty concerning the security of any communications to or from this Site or any of its associated digital pages or social media channels.

 

The Business shall use all commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system (whether or not password protected) can be entirely impenetrable. You hereby acknowledge, accept and agree that it may be possible for an unauthorized third party to access, view, copy, modify or distribute the data and files you store using this Site or any associated digital pages and/or social media pages pertaining to the Business. Use of the Site is completely at your own risk, and we ask you to refer to our Privacy Policy for further clarification to this subject.

 

You also hereby accept and agree that neither the Business nor any of its owners, officers, employees or representatives make any representation or warranty regarding the interception by third parties of personal or other information as may be shared via our communications.

 

The Business does not warrant that the use of any online mentoring or coaching training, materials, Content, resources or services will be uninterrupted or error free, that defects will be corrected; or that this Site and any associated digital pages, social media channels or related Content shall be free from bugs or viruses or other harmful components. You assume all responsibility for any costs for any repairs and/or corrections as may be necessary.

21. Refunds Policy: 

Any and all payments made to the Business via any channel, whether via PayPal, direct wire or electronic funds transfer (EFT) or otherwise (and whether to Miss Kristen Elizabeth Birkett Miller in her individual capacity or to the Business's registered bank accounts) are immediately considered payment towards a Professional-Client Relationship for the services and/or products as offered by the Business related to mentoring, coaching, training, speaking and private one-to-one or other done-for-you [DFY] offers related to digital marketing (whether in person or in a virtual capacity) and all such payments remain non-refundable.

 

By having made a payment for any of the aforementioned, it is automatically deemed an acceptance of your agreement to the services and/or products as requested by you and as quoted to you by way of verbal and/or other means of communication such as email. However, should you require any refunds and/or additional special payment arrangements, please email kristen@flamingsilver.co direct.

 

Payment arrangements may be made at any time and requires confirmation of acceptance by both parties.

 

The Business reserves the right to levy a US$40.00 Surcharge Fee to cover any subsequent administrative expenses in lieu of any additional follow up communication needed for late payments at any time.

 

Any monies that remain outstanding after each due date as had been agreed to within a Professional-Client Relationship will incur a late payment surcharge at 5% of the Gross Amount Due (Total Invoice capacity) at the time.

 

The Business reserves the right to seek recovery of funds through a collections agency for monies remaining unpaid sixty (60) calendar days from the invoice and/or from the required date per the agreed terms for the Professional-Client Relationship agreement you have in place at the time. In such circumstances, you shall be liable for any and all additional administrative, banking and/or legal costs. Subsequently, any bookings and/or transactions as would have been due according to any Professional-Client Agreements will cease with immediate effect until such time as all monies outstanding are recovered in full. 

 

You hereby accept and agree that any items as may be purchased from a third-party website or company are bound by their own refund and/or cancellation policies.  Thus, if you purchase a product or service from another provider that will be processed on this Site or any of the Business’s associated digital pages or social media channels, then a different set of terms and conditions may display alerting you to any of the third party’s refund policies that you should be aware of which is specific to their product and/or service.

 

The Business reserves the right to, in its sole discretion, refund any fees charged for the use of this Site and all its associated digital pages or social media channels and any related Content thereto, as well as for any products, mentoring or coaching services, training or speaking services, or any other one-on-one or done-for-you [DFY] services; or only a pro-rata portion thereof as howsoever may be the case.  The Business and its owners, officers, employees and representatives shall forever deny any refund request which occurs thirty one (31) calendar days after payment has been received related to any product or service (whether mentoring or otherwise) associated with any Business trading or operations. 

22. Cancellations Policy:

All Team Members of the Business are reasonable, friendly people.  We appreciate that 'life happens', but - in order to maintain professional communication levels and so as to respect each other's time - we require certain minimum notice periods for cancellations of any one-on-one (1:1) pre-booked Meetings, whether virtual or in person.

 

Thus, we require a minimum of twenty four (24) hours’ notice of cancellation or postponement of an Online or In Person Meeting during the work week (Monday to Friday); and a minimum of thirty six (36) hours’ notice of the same if a cancellation or postponement is required prior to a weekend (Saturday and Sunday) following which the pre-booked Meeting would occur the Monday after said weekend. 

 

All such cancellations and/or postponements of previously confirmed Meetings at the scheduled and agreed times must be made to your Business Representative in writing via email communication, and not via any sms, text or whatsapp message or through any social media channel.

23. Force Majeure:

As a Client in a Professional-Client Relationship with the Business or any of its owners, officers, employees or representatives, neither yourself nor the Business nor any other representative of or to the Flaming Silver Brand in its entirety, shall be held liable to other parties for failure to perform any obligation under any agreement if caused by an event beyond our control.

 

These events include, but aren’t limited to, riots, political or civil unrest, acts of war, terrorism, earthquakes, floods, any other Act of God or any other natural or man-made disaster outside our control. Thus, if any of the aforementioned prescribed events cause the termination of an agreement you may have in place at any time, then the affected party shall inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of the Agreement as contained herein.

 

IN NO EVENT SHALL THE BUSINESS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES (WHETHER FORESEEABLE OR NOT) INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED COACHING, SPEAKING, TRAINING OR MENTORING ADVICE OR MATERIALS, REGARDLESS OF THEORY OF LIABILITY.  THIS LIMITATION SHALL APPLY EVEN IF THE BUSINESS HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

24. Breach and Violation:

You hereby accept, acknowledge and agree to indemnify and hold the Business and any of its owners, officers, employees, representatives, affiliates or associates harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to:

  1. Your breach of this Agreement,
  2. Any violation by you of the law or the rights of any other third party,
  3. Any materials, resources, training, information, products, services, works and/or other Content of whatsoever nature or media that you post or share across any of the Business’s digital pages (including this Site) or social media channels,
  4. Your use of this Site and any of the Business’s associated digital pages or social media channels, or your use of any of the Business’s Content, products or services,
  5. Your conduct in connection with this Site and any of the Business’s associated digital pages or social media channels, products or services; or with any other users related to the Business.

The Business reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Business with cooperation as is reasonably requested by the Business and/or its legal representatives.

25. General and Jurisdiction:

This Site and all associated digital pages and social media channels (excluding any linked websites) are owned and controlled by the Business. By accessing or using this Site, you agree that all matters relating to your access to, or use of, this Site and all associated digital pages and/or social media channels shall be governed by the laws of the State of Florida and the laws of the United States.

 

These Terms of Use and all Disclaimers as disclosed herein are to be read in conjunction with our Privacy Policy. The provisions of these Terms of Use are for the benefit of the Business, its owners, officers, employees and representatives, and its subsidiaries, agents, affiliates and any third party content providers and licensors; and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

We reserve the right to periodically make changes to the Site, and our associated service providers may also make improvements and/or changes to this Site at any time. Neither the Business nor its service providers make any representations about the availability, suitability, reliability, timeliness and/or accuracy of the information, content, downloadable material, graphics, software, referred resources, products, programs and services contained in this website for any purpose. 

 

If you are dissatisfied with any portion or portions of the Site or the Business’s associated digital pages or social media channel content, with these Terms of Use or any Disclaimers as contained herein, or with our Privacy Policy, your sole and exclusive remedy is to discontinue using the Site.

 

To the maximum extent permitted by law, in no event shall the Business or the Flaming Silver Brand in its entirety and/or its individual owners, officers, employees or representatives, nor its suppliers or associates, be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever – including and without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Site – with the delay or inability to use the Site or related services, the provision of or failure to provide services; or for any information, Content, downloadable material, graphics, software, referred resources, products, programs and services obtained through this Site or otherwise arising out of the use of the Site (whether based on contract, tort, negligence, strict liability or otherwise) even if the Business or any of its suppliers has been advised of the possibility of such damages. 

 

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions within this Agreement.

 

These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use and all Disclaimers to which you are bound.

 

Last Updated:  22 July 2020