Terms of Service
Terms of Service
In General
Your use of the Keptin Enterprises, LLC's "Online Learning Modules" Site (the "Site") and all information, products and services on the site are subject to the binding legal terms set forth below ("Terms"). We reserve the right to update and/or modify these terms without prior notice to you. In the event said modifications are significant we will post a notice in a prominent area of our site and/or contact you via the email address you provided during registration.
YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS SET FORTH BELOW. YOU ARE NOT AUTHHORIZED TO UTILIZE THE SERVICE FOR ANY PURPOSE THAN THAT OUTLINED BELOW. IF YOU ARE A PAYING MEMBER AND DO NOT AGREE TO THE MODIFIED TERMS OF SERVICE YOU MAY NOTIFY US AND YOU WILL REMAIN UNDER THE TERMS OF SERVICE IN EFFECT WHEN YOUR PAYMENT WAS RECEIVED. HOWEVER, IF YOU RENEW YOUR SERVICES THEN YOU WILL BE DIRECTLY IMPLYING YOUR ACCEPTANCE TO THE TERMS OF SERVICE AGREEMENT IN EFFECT AT THAT TIME.
The site contains links to other sites operated by us, Keptin Enterprises, LLC, also doing business as BluemoonAvenue.com, LLC, and Keptin Consulting Services and our affiliate sites, operated by Keptin Enterprises, LLC. Your use of each of these sites is subject to the terms and services of those sites.
While every effort is made to restrict the presence of pornographic, sexually explicit and objectionable content we cannot control content users may post. However, posting of said content is in violation of these terms and we will remove it, at our discretion, once being made aware of it. We cannot accept responsibility for material found on third party sites.
Fees and Refunds
Keptin Consulting Services offers this site and services within for a fee, this fee gives you access to applicable learning modules. This access is granted only to you, the account owner, and can not be transferred, shared or otherwise utilized by any other person or entity. Sharing your account with another party is grounds for immediate account termination without refund.
Full Refunds will generally only be granted within the first seven days after payment and if you have not already accessed more than 25% of the content in any one learning module. However, other refunds will be granted on a case by case basis. In all cases refunds will be on a monthly prorated rate of $15 per month regardless of the amount paid plus an applicable 10% service charge based on the original amount paid. Refunds will be issued using a check via the United States Postal Service.
You must have an adequate Internet connection and computer to utilize the learning content within this system. The tutorials in these learning modules are video in nature and are often several megabytes in size therefore you should have a high speed Internet connection for accessing the material. You are solely responsible for obtaining the necessary equipment, Internet connection, and for all costs involved. Keptin Enterprises, LLC is not responsible for any of these costs.
How You Can Use the Services
The services and information contained within are protected by US and international copyright, patent and trademark and other intellectual property laws.
You may utilize the service for your personal noncommercial use, you may produce a single copy of individual screens, images, or multimedia files when utilizing our service but only for your personal noncommercial use. You may not sell or exchange copies for compensation or other consideration. You may not distribute copies to others for any reason what-so-ever even if you are not compensated. You may not and agree not to modify, reformat, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this service, except as set forth below. Furthermore, you will not mirror result pages on another site.
If you wish to make commercial use of this site please contact us by clicking here. Students may utilize information gained from this site for educational purposes only and provided said information is properly referenced and cited in their works. Any other purpose will be reviewed on a case by case purpose for more information please contact us by clicking here.
No License Granted
Except for allowing you to utilize this site and services within as outlined above you are not receiving a license for any other rights from us including intellectual property or other proprietary rights of Keptin Enterprises, LLC or other companies we are affiliated with. YOU UNDERSTAND THAT YOU HAVE NO OTHER RIGHTS TO KEPTIN ENTERPRISES LLC's PROPERTY OTHER THAN WHAT IS OUTLINED IN THESE TERMS.
Rules of Conduct
We feel that in order to provide an environment in which users can
feel free to share their ideas and to form a sense of community that it
is important there be rules of conduct. These rules are meant to
prevent the actions of a few irresponsible individuals from interfering
with the rights of others. We ask that you agree to follow these rules
when utilizing the services to help guarantee that everyone will have a
positive experience.
- You will follow these Terms and all applicable laws.
- You will never give your password to anyone, for any reason. No employee of Keptin Enterprises, LLC will ever ask you for it.
- You will not harass, threaten, or abuse other users of this site in any manner.
- You will not interfere with other users use of the site. Including but not limited to interrupting other users' sessions, attempting to upload viruses or posting messages which would otherwise interfere with other users.
- You will not upload viruses or other malicious programs.
- You will not post sexually explicit or pornographic material.
- You will not use vulgar language or use any religious entity's name in vane.
- You will not post messages that are hateful or offensive on racial, ethnic, religious or other grounds.
- You will not attempt to harvest the names of users, screen names or other contact information for commercial use.
- You will not invade the privacy of any other users.
- You will not collect and/or store information about another user, or otherwise stalk, repeatedly contact and/or harass another users.
- You will not misrepresent yourself or impersonate yourself as another user. You may not impersonate yourself as a representative of Keptin Enterprises, LLC or Keptin Consulting Services. You also will not adopt a false identity for the purposes to defraud or deceive us or another user.
- You will not utilize the service to exploit, harm or harass minors nor will you use it to promote the interaction with minors in a sexual manner.
- You will not send bulk unsolicited advertising, promotional material, email or other solicitation to any person or forums when using this service. "Spam" is strictly forbidden, Spam is defined as posting the same or similar message to one or more forums and/or users.
- You will not break any law may it be local, state, national or international.
- You will not engage in academic dishonesty.
- You will also comply with any and all rules as laid out in any course syllabi for those courses requiring you to use this site.
Violation of these rules of conduct or any other aspect of these terms
will result in the deactivation of your account, without notice or
refund, and in you being permanently barred from this service. We
reserve the right to pursue legal remedies in the event of flagrant or
repeated offenses.
Your Registration Data
In consideration for your use of this service you agree to provide accurate and complete information about yourself as prompted by the registration form (such data referred to as registration data). You also agree to update such information so that it remains current and accurate. If your data is inaccurate and/or incomplete and Keptin Enterprises, LLC has reasonable reason to believe that this is so Keptin Enterprises, LLC reserves the right to terminate your account without notice to you. Note that registration data is protected by our privacy policy, please refer to it for more details.
Disclaimer of Warrantees
You understand that your use of this service is at your sole risk, including any damage caused to your computer or data stored on it. You understand all materials and services available from this site are provided as is, where is and when available basis and are subject to change at any time without notice to you. You understand that your access to the services and material on this site is not guaranteed to be uninterrupted or error free. This interruption may be due to site maintenance or upgrade which we may or may not give you prior notice to. No warrantee of any kind either verbal and/or written can modify or nullify the limitations set forth in these terms.
To the fullest extent permitted by law Keptin Enterprises, LLC disclaims all warrantees, representations and conditions of any kind including without limitations all services and materials on this and all Keptin Keptin Enterprises, LLC's sites.
Keptin Enterprises, LLC disclaims all warrantees, representations, endorsement, recommendation or guarantee of services or products made by third party sites either as advertisers or links from our site. Keptin Enterprises, LLC without exception is in no way liable or responsible for actions or failure in services and/or products on the part of third parties sites.
Limitation of Liability
To the maximum extent permitted by law Keptin Enterprises, LLC, its affiliates, content provider and service providers be liable in any way for damages, either direct, indirect, consequential, special, punitive, incidental or other damages incurred by you (or a third party through you) while utilizing this site. We are also not responsible for any loss of profits, income, assets, compensation or other intangibles stemming from the use of this site or data contained within. Keptin Enterprises, LLC is also not responsible for the cost of substitute goods and services that may be incurred in the event the site is inaccessible or unavailable.
Keptin Enterprises, LLC is not responsible for any unauthorized access and/or tampering of your computer and/or transmissions which may arise out of your use of this site, inability to use this site, unauthorized use or tampering of this site. Keptin Enterprises, LLC is not liable for any damages, loss of income, profit, assets, compensation or other intangibles which may arise from inaccurate or incorrect data obtained from this site. We are also not responsible for any typographical errors and/or omissions. Some states do not allow for the limitation or exclusion of liability for incidental or consequential damages therefore the above limitation or exclusion may not apply to you.
Linking to Us
You are granted permission to utilize images located on this site and/or text for the purpose to linking to us.
Waiver
The failure of either party to enforce any provisions of this agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.
Entire Agreement
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
Severability
If any provision of this agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
Agreement to Mediate
Parties agree, that in the event that any disagreement should arise, that they will attempt to satisfy any said agreements via a mutually agreed upon mediator that is located in or around Litchfield, MN. If mediation should fail parties agree to utilize a mutually agreed upon arbitrator, located in or around Litchfield, MN, and that parties will be responsible for their own legal and attorney's fees.
Miscellaneous
This contract shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to conflict of law principles. These terms and modifications to them from time-to-time supersede any other prior agreements between you and Keptin Enterprises, LLC either in writing or oral. If any provision of these terms is ever found to be invalid or unenforceable the remaining provisions shall remain valid and enforceable to the fullest extent of the law. Although we acknowledge that we have the right to enforce these Terms in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction of the courts in Meeker County, Minnesota in regards to these terms and your use of the Keptin Enterprises, LLC sites and services. The terms of this agreement shall remain valid except in the case a waiver signed by an officer of Keptin Enterprises, LLC specifies otherwise. Any such waiver or indulgence shall not in any way be construed as an indulgence on any other occasion.
