DISCLOSURES & POLICIES PAGE
I’m Kelly, a blogger and sharer at juststartwithkelly.com. We all have similar goals in life — have a good life, make a little money to cover our necessities, and enjoy time with our families. My hobby is blogging and sharing tips and tricks with you. I love it! The flexibility and self direction it provides me is fantastic! It fits in so well with my every day life. But another reason why I love blogging is that it can provide money to cover a few of our family expenses. So, I wanted to let you know about our policies and how you can use this site responsibly; you should read and make sure you agree to all policies before continuing.
Per FTC Regulations, I would like to let you know that I do have affiliate links throughout this blog. The links provide me with a small percentage of commission but do not cost you anything extra.
The owner of this website shall be referred in these policies to “Kelly S.”
I, Kelly S., am a participant in a few affiliates programs which are designed to provide a means for sites to earn advertising fees by advertising and linking to these programs.
I am a participant in the Amazon Services LLC Associates Program. As an Amazon Associate I earn from qualifying purchases. (There is no extra cost to you if you make a purchase.)
Additionally, whenever I ask for your email address or information from you, I will keep it secure. I won’t spam you and I won’t sell your information. I don’t like when companies do that to me and won’t do it to you!
I am here to build your trust and to create a community for us. If you have any questions or concerns, please email me at kelly at juststartwithkelly dot com.
California Consumer Privacy Act and ‘Do not sell my personal information’ policy
California residents should refer to these separate pages regarding our California Consumer Privacy Act and ‘Do not sell my personal information’ policy
Welcome to the Just Start with Kelly™ web site located at “www.juststartwithkelly.com”™ (“this Site” or “our Site”), which is owned by Kelly S. (“Kelly”). Please read this page carefully before using this Site. By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”).
These Terms are effective as of March 1, 2019.
All contents of this Site are: ©2020 or current year Kelly S. All rights reserved.
This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, excepts from a book, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and “look and feel” of this Site and the content are copyrighted as a collective work under United States copyright laws (collectively, the “Content”).
Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from this Site, in whole or in part, without the express permission of Kelly S.
Reproduction, distribution, republication, and/or retransmission of material contained within this website is prohibited without prior written consent of Kelly S. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Kelly S.‘s intellectual property rights.
ALL CONTENT IS NOT MEDICAL ADVICE
The information contained on this website, or provided at your request, is for informational purposes only. No information on this website is or should be used for the purposes of diagnosing, treating, curing or preventing any disease. The information on this website has not been evaluated by the Food and Drug Administration. Nothing on this website is intended to recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. You should absolutely consult a qualified medical professional before making any health decision or taking any product. Information found or received through this website should not be used in place of a visit with, call to, consultation or advice from a professional health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner. NO information on this site should be used to diagnose, treat, prevent or cure any disease or condition under any circumstances.
By reading this website, you acknowledge that you are responsible for your own health decisions. We are not responsible for any adverse effects you may encounter while attempting to use any products written about on this Site. Do not take anything from any website, including this one, and try it without proper research and medical supervision.
Any statements or claims about the possible health benefits conferred by any foods or supplements have not been evaluated by the Food & Drug Administration (FDA) and are not intended to diagnose, treat, prevent or cure any disease.
Juststartwithkelly.com reserves the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations formed pursuant to the Federal Food, Drug and Cosmetic Act.
Any audio, visual, written, or other content on this website is for educational purposes and is not intended in any way to be a replacement for, or as a substitute to qualified medical advice. If you think you are suffering from a medical condition consult your doctor or other qualified person.
The content of the Just Start with Kelly post or page, including text, graphics, images, or information contained in text or audio, or other content, is offered on an informational basis only. No content is intended to be a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice and guidance of a qualified health professional before:
* Changing or making any adjustment to any medication or treatment protocol you are currently using.
* Stopping any medication or treatment protocol you are currently using.
* Starting any new medication or treatment protocol, whether or not it was addressed by anything on this website, including videos, audio, pages or posts on this website.
* Information on this site is informational and not as specifically applicable to any individual’s medical problem(s), concerns and/or needs.
* These products have not been evaluated by the FDA and are not intended to treat or prevent disease.
In some content, remedies are recommended. We are not claiming that the product will cure any of these problems or disorders. We are merely reporting that people have used the product to aid these conditions.
CHILDREN ONLINE PRIVACY PROTECTION ACT
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any payments through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.
If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at kelly at juststartwithkelly dot com
We are committed to complying with the Children’s Online Privacy Protection Act (COPPA). Schools and parents should supervise their children’s online activities and consider the use of other means to provide a child-friendly, online environment. If you would like to learn more about COPPA, visit the Federal Trade Commission home page at http://www.ftc.gov.
If you are living in the EU and are under the age of 16, it is required by law that you obtain consent from your parents before subscribing to any email list. We do not target, cater or provide products or services for 16 years and under and thus do not have a parental approval process.
ONLINE PAYMENTS (GDPR LANGUAGE)
This Site allows clients to make payments for good and services via an online portal. We have engaged third-party service providers to perform many of the services related to payment processing, including card processing, identity verification, fraud analysis and regulatory compliance.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
EXTERNAL LINKS & AD NETWORDS
Kelly S. does not author, edit or monitor these sites, and is not responsible or liable for (a) the availability of or content provided on such Sites, nor does inclusion of any link imply endorsement of the Sites by Kelly S. or vice versa; (b) third party content accessible through such Sites; (c) any loss or damage whatsoever you may incur from dealing with any Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site. If you see an ad that is obscene or otherwise offensive, please report it to the ad network using the buttons provided by the network on that ad. We have virtually no control what they advertise (some ad networks may use your browser history), so we are not responsible for ads that you find offensive. If they get extra offensive, please screen shot them and send them to Kelly at juststartwithkelly.com.
WHAT DO WE DO WITH YOUR PERSONAL DATA?
Main Uses of Your Data
This section of the Policy describes the things that we do with your data which relate directly to your use of this Site and our services. They are the things that we hope you would expect us to do with your information. We will use your information:
- to provide the products available on this Site to you;
This section of the Policy describes the things that we do with your data that arise from our monitoring of the Site and the collection of your information whilst using the Site. We may use this information:
- to identify patterns that we can use in our marketing strategy and to help us develop, administer, support and improve our services and features and adverts;
- to conduct reviews that assist us in the improvement and optimization of our Site;
- to ensure that content from our Site is presented in the most effective manner for you and for your computer;
- to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and
- as part of our efforts to keep our Site safe and secure.
We may combine technical information with other information that we have about you to help us with our processing of your information as described in this Policy.
Use of your data for marketing and communications
When you join a mailing list, which is not required to use the site, we may use personal information, like your email address, to provide marketing messages to you or allow us or third parties to communicate with you on third party services. We will always seek your consent before doing so and you can opt out of marketing and other communications at any time. You can always make use of the Site without having to agree to marketing. The types of things that we may do include:
- providing direct marketing advertisements and communications to you via email, text, post or telephone or via our selected third parties;
- making suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them;
- communicating with you on third party social media platforms and sharing your information with that social media platform;
- monitoring the effectiveness of our direct marketing communications and your responses to it.
WHO HAS ACCESS TO YOUR PERSONAL DATA?
We retain access to all personal information that we have collected from you or about you. Our product fulfillment company and email marketing companies also retain some of the data (for example your name and email are passed to our email marketing partner so that we may send product confirmation and marketing emails).
When our service is available via the websites of our partners, those partners may have access to your information. We may also have links to other websites from our Site. We are not responsible for the content, security, privacy policies and practices of any other websites, even if you access them using links from this Site or if you can access this Site or use our services from them. We recommend that you check the policy of each website that you visit and make sure that you are comfortable with the terms of such policies before providing any personal information.
If our business is sold or merged, or if we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets. We will make sure that any such transfer is done in a secure way.
If we offer or supply a service to you that is provided on our behalf by a third party we may have to pass your information to them in order to deliver the service. By using this Site, you consent to us providing your information to the third parties authorized by us to provide such services. We may also use third parties to provide services on our behalf which may include processing (but not using themselves) your information e.g. to complete partial addresses or to augment the information we hold about you. In either case, we will not pass your information to anyone who is not also subject to adequate privacy commitments in our contract with them and we will not allow the third party to use your information for marketing purposes without your consent.
We will not otherwise disclose, sell or distribute your information to any third party without your permission unless we are required to do so by law or to obtain professional advice. We will retain your information for as long as is reasonable and necessary and no longer than permitted by law.
WHERE DO WE STORE YOUR PERSONAL DATA?
We maintain your data at the server of our internet service provider, our email marketing company, our offices and our product fulfillment centers.
If you leave a comment on this website that information is stored at our hosting company SiteGround. That information includes your name, your avatar, your comment, the time you left the comment and your ISP address.
For any Europeans using the site, the data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA“). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or contractors. Territories outside of the EEA may not have equivalent legal protections to those that apply within the EEA but we are under a duty to make sure that our suppliers and contractors located outside of the EEA continue to take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy. By submitting your personal data to us, you agree to this transfer, storing or processing.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
We follow strict security procedures to ensure that your personal information is not damaged, destroyed or disclosed to a third party without your permission and to prevent unauthorized access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. If we are working with third parties, we will require them to have in place similar measures to protect your information.
You have the right to use our Site without consenting to marketing and communication services that we provide. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. We always use the most recently submitted form to be your current consent status. If you are a registered user, but not signed in when you submit a form, we will not be able to use your saved settings so will deem your consent choice to be as per the form you submit at the time. You can exercise your right to prevent such processing by ticking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Kelly at juststartwithkelly dot com .
You have the right to ask us not to process your personal data at any time.*
You have the right to ask us, at any time, to show you what data we’ve collected.
You have the right to fix any data we have that is incomplete or wrong.
The Data Protection Act 1998 (DPA) and the GDPR (in Europe) gives you the right to access information held about you. Your right of access can be exercised in accordance with the DPA and GDPR.
*Asking us to not process your data does require us to delete your data, which is legally considered processing your data. So we respectfully inform you that we’d have to do that one thing.
COOKIES AND TRACKING
Like many websites, we use “cookies” to enable us to personalize your visits to our Site, simplify the signing-in procedure, keep track of your preferences, for marketing purposes and to track the usage of our Site.
Like any business we like to see if our visitors come from Google, Facebook, another site in order to better manage the business. We use Google Analytics as our analytics package. When we login we can see which pages on this website visitors visited, the paths visitors took, where they came from and how they left. We can not see which website you visited after you leave us however. The only way we could narrow down the information to any one individual is if only one person was on this website that day, and we knew who that was.
If you have signed up to be a paid affiliate of ours, we will give you a tracking link that will tell us when traffic from your link has taken a desired action on this site.
LIMITATIONS OF LIABILITY
Kelly S. will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- [to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
IN NO EVENT SHALL KELLY S. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF KELLY S. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the generality of the foregoing, under no circumstances shall Kelly S. or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if advised of the possibility of such damages) that result from (a) any delay, failure, interruption or corruption of this Site or any data or information transmitted in connection with the use of this Site; (b) personal injury or death caused by your use or misuse of this Site; (c) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from this Site; (d) unauthorized access to or alteration of your transmissions or data; and (e) any other matter relating to our Site. You hereby acknowledge that this paragraph shall apply to all products, and services available through this Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, Kelly S. sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.
In accordance with the 1996 Communications and Decency Act, Section 230, we are also not liable for comments user of this website leave as comments. While we will certainly delete comments that don’t adhere to our personal standards, if someone claims you are a car thief, you have to sue them not us.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Use of this Site is governed by North Carolina law. Any claim related to the Site and any product purchased through this Site shall be brought in a federal or state court within one (1) year after the claim arises. Users of this Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Site.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
Kelly S. may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your exclusive recourse is to immediately terminate use of this Site.
Kelly S. also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. Kelly S. may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that Kelly S. will not be liable to you or any third party in the event that Kelly S. exercises its right to modify or terminate access to this Site or portions of this Site.
Price and availability information on this Site are subject to change without notice.