Terms of Use and Conditions

• Notice to Users

  • We are not a certifying agency.

    We do not warrant any accuracy in eligibility results or your ability to successfully obtain any certifications with public agencies. All results indicate a preliminary assessment of eligibility and must be checked directly with the corresponding public agency.

  • Disclaimer of Warranties. The Website is provided “as is”. KW Consulting & Design, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither KW Consulting & Design, LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  • The Website not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Service if you are a minor.
  • We reserve the right to remove and/or edit content as we see fit.
  • We reserve the right to deactivate or discontinue any portion of the Website or Service, at any time, for any reason, without liability to the users.
  • We do not endorse or control what users post.
  • Users are solely responsible for determining suitability and eligibility of any opportunity.
  • If you register as a member of the Website,
    • we require users to enter information as accurately and honestly as possible,
    • users may not share accounts,
    • and we reserve the right to deactivate accounts as we see fit.
• Indemnification. You agree to indemnify and hold harmless KW Consulting & Design, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
• Intellectual Property Rights: Other than Your Content (defined below), which you may have opted to include on this Website, under these Terms, KW Consulting & Design, LLC owns all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website. You further acknowledge that KW Consulting & Design, LLC owns all rights to any trademarks that are contained within the Service that you do not post to the Service, and you acknowledge that these trademarks have acquired secondary meaning.
• Prohibited Activities. You are expressly and emphatically restricted from all of the following: You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Website, you agree not to:
  1. systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. use the Website to advertise or offer to sell goods and services.
  4. circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website and/or the content contained therein.
  5. engage in unauthorized framing of or linking to the Website.
  6. trick, defraud, or mislead us and other users, with special regard to any attempt to learn sensitive account information, such as user passwords;
  7. make improper use of our support services or submit false reports of abuse or misconduct.
  8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9. interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Site.
  10. attempt to impersonate another user or person or use the username of another user.
  11. sell or otherwise transfer your profile.
  12. use any information obtained from the Website in order to harass, abuse, or harm another person.
  13. use the Website as part of any effort to compete with us or otherwise use the Website and/or the content for any revenue-generating endeavor or commercial enterprise.
  14. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
  15. attempt to bypass any measures of the Site designed to prevent or restrict access to the Website, or any portion of the Website.
  16. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
  17. delete the copyright or other proprietary rights notice from any content.
  18. copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  19. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
  20. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
  22. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
  23. use the Website in a manner inconsistent with any applicable laws or regulations.
  24. post content that may be obscene, profane, vulgar, threatening, discriminatory, pornographic, illegal, defamatory, or injurious.

   

• Restricted Access. Certain areas of this Website are restricted from access by you. KW Consulting & Design, LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information. You agree to immediately notify us of any unauthorized use of your account or any known unauthorized use of other Website accounts.
• Your Content. In these Website Terms of Use, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant KW Consulting & Design, LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media in perpetuity.Your Content must be your own and must not be infringing on any third party’s rights. We reserve the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
• No warranties. This Website is provided “as is,” with all faults, and KW Consulting & Design, LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
• Indemnification. You hereby indemnify to the fullest extent KW Consulting & Design, LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
• Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
• Variation of Terms. KW Consulting & Design, LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website. When these Terms and/or the Privacy Policy are updated, you will be asked to reconsent to these Terms and/or the Privacy Policy in order to continue your usage of the Website.
• Assignment. KW Consulting & Design, LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
• Entire Agreement. These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between KW Consulting & Design, LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
• Corrections. There may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
• Governing Law. These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
• Dispute Resolution. Any dispute relating to this Agreement which cannot be resolved by negotiation between the parties within ninety (90) days of either party giving notice to the other party that a dispute has arisen shall be submitted to mediation pursuant to the Mediation Rules of the ADR Group and failing settlement of that dispute within ninety (90) days thereafter, the dispute shall be submitted by any party for final resolution by the courts of Alachua County, Florida, which courts shall thereafter have exclusive jurisdiction.EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.
• Disclaimer. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
• Limitations of Liability. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

KW Consulting & Design, LLC
562 NE 2nd Ave.
Unit B
Gainesville, FL 32601
katie@certificationthrowdown.com