Terms & Conditions

The following Terms & Conditions (“Terms”) are entered into by and between You and At Home With Mackenzie, LLC (“Company”, “us”, “we”, or “our”) which owns and operates https://athomewithmackenzie.com (the “Site”). The term “you” refers to anyone who uses, visits, and/or views the Site.

The following Terms & Conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms & Conditions”), are a binding agreement and govern your access to and use of the Site including any content, product, functionality, and services offered or purchased on or through the Site.

Please read these Terms & Conditions carefully before you start using the Site.

By visiting and using the Site or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you indicate that you accept and agree to be bound and abide by these Terms & Conditions and any documents incorporated herein by reference. If you do not agree with these Terms & Conditions, you must cease usage of the Site, or any related services, immediately.

This Site is intended for individuals who are 18 years of age or older. Children, as defined in our Privacy Policy, are prohibited from using this website.

By visiting and using this Site, you represent and warrant that you are of legal age and meet all of the foregoing eligibility requirements.

Content

All information on this Site, including any and all copyrights, trademarks, design rights, and other intellectual property rights related to the content and work product on this Site, are owned by At Home With Mackenzie, LLC, with the exception of the content you submit to us set forth in the section below (Content You Submit to Us).

The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Site does not grant you any ownership rights to the Content of our Site.

The reproducing in any format (including on another website) and part of our Site (including content, images, and designs) without our prior written consent is strictly prohibited.

Requests for prior written consent should be addressed to the following email: support@athomewithmackenzie.com.

You may provide links to our Site as long as

  • you clearly give credit to us as the author,
  • include a hyperlink to our Site,
  • you do not remove or obscure any portion of our Site by framing or otherwise,
  • your website does not engage in illegal or pornographic activities, and
  • provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not provide links in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent.

You must not provide links from any website that is not owned by you.

You must cease providing links to our Site immediately upon our request.

Content You Submit to Us

You may be provided with the ability to upload, display, post, transmit, send, email, or otherwise submit to us on the Site or on any of our social media accounts, content in the form of text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials (the “content”, or “content you submit to us”).

You expressly acknowledge and agree that once you submit the content to us, it will be accessible by others, and that there is no confidentiality with regard to such content, including, without limitation, any personally identifying information that you may make available.

You, and not us, are entirely, and solely, responsible for all the content you submit to us. We do not claim ownership rights in the content you submit to us. However, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, irrevocable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) such content and all intellectual property and moral rights therein, including, without limitation, distributing part or all of the Site in any media formats through any social media channels or technology now known or herein after devised.

You represent and warrant that

  • the content you submit to us is your original creation or you own the content or otherwise have the right to grant the license set forth above,
  • the content you submit to us does not violate the privacy rights, publicity rights, copyrights, trademark or other proprietary rights, contract rights, intellectual property rights, or any other rights of any person,
  • the content you submit to us does not encourage or advocate conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law,
  • the content you submit to us does not distribute material including, but not limited to, spyware, computer virus, any kind of malicious computer software, or any other harmful information that is actionable by law,
  • the content you submit to us does not make any attempts to gain unauthorized access to any portion or feature of the website,
  • the content you submit to us does not result in a breach of contract between you and a third party,
  • the content you submit to us does not contain any libelous, defamatory, abusive, profane, hateful, vulgar, pornographic, threatening, or obscene material or content that violates our terms of use or those of our social media accounts, and
  • the content you submit to us does not send unsolicited or unauthorized material or cause disruption in the operation of the Site. You agree to use the Site for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms.

You agree to be held solely liable for any damages resulting from any infringement of copyrights, trademarks, or other proprietary rights of the content you submit to us and for all royalties, fees, and any other monies owing any person by reason of the content you submit to us.

Reliance on Content

The Content of this Site is meant for your informational purposes only and is not intended to amount to professional or specific advice on which reliance should be placed.

Your acceptance of our Disclaimers & Disclosures is expressly incorporated into these Terms. Please refer to our Disclaimers & Disclosures policy for further information.

Every effort has been made to only provide complete and accurate information. However, we disclaim all responsibility and liability arising from any inaccuracies and any reliance placed on the information presented on this Site and shall not be liable for any damages or harm.

No Warranties

ALL CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES ON THE SITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY LAW. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, DOCUMENTS, PRODUCTS, AND/OR SERVICES INCLUDED ON OR THROUGH THE SITE. THE COMPANY MAKES NO WARRANTIES THAT THE SITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT, OR ERROR-FREE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PURPOSE.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event will our Company or its directors, employees, successors, executives, agents, or anyone else working with us be liable to you or any third person for any direct, indirect, incidental, equitable, special, punitive, exemplary, or consequential loss or damage incurred or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.

You expressly acknowledge and agree that our Company, its directors, employees, successors, executives, agents, or anyone else working with us shall not be liable to you for any direct, indirect, incidental, special, equitable, punitive, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), income, use, data, revenue, goodwill or business reputation, and any other intangible loss.

You expressly agree that your use of the Site is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort, or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.

Prohibited Use

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

You are prohibited from violating or attempting to violate any security features of the Site; damaging, disabling, or impairing or attempting to damage, disable, or impair the Site; gaining or attempting to gain unauthorized access to any portion or feature of the Site; interfering with or causing disruption in the operation of the Site; modifying, reverse-engineering, decompiling, disassembling, participating in the transfer or sale, creating derivative works or attempting to modify, reverse-engineer, decompile, disassemble, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any of the content available on the Site.

You agree to use the Site for lawful purposes only and any violation of any provision contained in these Terms & Conditions may subject you to civil and/or criminal liability.

Comments

When you leave a comment on our Site, your comment will be publicly available to other visitors of this Site.

For spam detection purposes, we collect the data shown in the comments form, and also your IP address and browser user agent string in accordance to our Privacy Policy.

If you leave a comment on our Site, you may opt-in to saving your name, email address, and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

Your comment will be checked through an automated spam detection service. After approval of your comment, your profile picture is visible to the public in the context of your comment.

You can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any person data we hold about you. This does not include any data we are obligated to to keep for administrative, legal, or security purposes.

We reserve the right to remove any comment that we determine to be unlawful, inappropriate, offensive, or otherwise objectionable or in violation of intellectual property laws or these Terms.

Privacy Policy

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms & Conditions. Please review our Privacy Policy for more information about how we process your information.

While using the Site, you may provide certain personally identifiable information, such as your name, email address, or IP address.

By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

Refunds Policy

Your acceptance of our Refunds Policy is expressly incorporated into these Terms & Conditions. Please review our Refunds Policy for more information about how we process your information.

Links to Third Party Sites and Services

This Site may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the Site; however, we do not own or control these third-party websites.

We have no control over and assume no responsibility for the content or practices of any third-party sites or for any loss or damage that may arise from your use of them. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party.

We recommend that you review the privacy policy and terms and conditions of such third-party sites. Once you leave our Site, you are no longer governed by our Terms & Conditions.

Embedded Content From Other Sites

Content on this Site may include embedded content (e.g. images, videos, articles, etc.).

Embedded content from other sites behaves in the exact same way as if the visitor has visited the other website.

These sites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that site.

Affiliate Links

We may have a financial relationship with some of the merchants we mention.

This Site may contain affiliate links, which means we may get compensated at no extra cost to you if you make a purchase through a link.

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

Our editorial content, including the opinion we express on products, services, and merchants are not influenced in any way by advertisers or affiliate partnerships.

We only endorse products, services, and merchants that we have personally used/tested and consider of the highest quality standard.

Please refer to our Disclaimers & Disclosures for further information.

Intellectual Property

All content on this Site including, but not limited to, text, posts, logos, marks, graphics, materials, documents, products, files, videos, audio, applications, computer code, designs, downloads, and all other information here (collectively, the “Content”). The Content, courses, or services included, offered, or purchased on or through the Site are protected by international copyright law and unfair competition laws and may not be copied, reproduced, duplicated, stolen, modified, published, displayed, distributed, reproduced, given away, posted, reverse-engineered, sold, rented, licensed, or used to create derivative works without our expressed written permission.

When using the Site, purchasing a digital product or course from the Site or downloading digital product free of charge or in exchange for your email address from the Site, you are granted a limited, personal, non-exclusive, non-commercial, non-transferable license of our Content, materials, documents, products, courses, or services included, offered, or purchased on or through the Site for your personal or internal business use only.

You expressly acknowledge and agree that we retain full copyrights and under the aforementioned limited, personal, non-exclusive, non-commercial, non-transferrable license you have no right to:

  • modify, share, edit, enhance, copy, reproduce, or sell the Content;
  • use the Content for any commercial purpose;
  • decompile or reverse-engineer;
  • remove any copyright or other proprietary notations from the Content;
  • transfer the Content to another person;
  • create derivative works based upon the Content;
  • offer any competing products based upon the Content.

You agree to abide by the copyright, trademark laws, and intellectual property rights and shall be solely responsible for any violations of these Terms.

The limited, personal, non-exclusive, non-commercial, non-transferable license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Duration of Product or Service Agreement

Once confirmed, we will provide you access to the purchased or offered product or service. You agree and understand that access to the service or product may at times be influenced and affected by third parties that we use to provide the service or product (e.g. web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against the Company when there are reasonable delays in the access of the service or product.

The Company reserves the right to terminate the service or product, and/or access to certain features of the service or product, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required under the terms of this agreement.

Confidentiality

You acknowledge and agree that Confidential information may be exchanged between parties in connection with the use of our Site and information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.

You must maintain the secrecy of Confidential information and treat all Confidential information as private and confidential. You shall use Confidential information solely in the performance of the obligations under these Terms. You shall not disclose the Confidential information without prior written consent except where required by law or regulation. You shall indemnify us against all losses, costs, expenses, and other liabilities which may be suffered or incurred in connection to or arising out of any breach of confidentiality.

Governing Law

These Terms and any dispute or claim arising from or in connection with them shall be governed in accordance with the laws of the State of Ohio and the United States of America.

THESE TERMS & CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE REVIEW THEM CAREFULLY.

In case of a dispute relating to or arising out of your use of our Site, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the city of Springfield, Ohio. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the State of Ohio. The claimant agrees to bear the full cost of arbitration, to the extent permitted by law. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes, or regulations. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. The Parties further waive any rights to pursue or participate in a class or collective action.

Indemnification

You agree to indemnify, defend, and hold us and our partners, consultants, agents, officers, directors, employees, subcontractors, successors, service providers, executives, affiliates, and anyone else working with us free from and against any and all legal claims, damages, demands, actions, suits, liability, losses, and expenses, including reasonable attorney fees, costs, and other legal expenses, which may arise from or relate, in whole or in part, to: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees, representatives, or anyone else working for you; (b) all your actions and use of the Site including purchasing products and services; (c) violation of any laws, rules, regulations, or ordinances by you; (d) violation of any Terms & Conditions of this Site by you or anyone working for you; or (e) infringement by you or any other user of your account of any intellectual property or other rights of any person or entity. The Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability, or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost to us, to defend any such claims.

Amendments

We reserve the right to revise these Terms & Conditions at any time by amending this page.

All updates will be posted on this page and you are expected to check this page from time to time to take notice of any changes.

If you do not agree with the changes to these Terms, you can choose to discontinue the use of our Site.

Entire Agreement

These Terms constitute the entire understanding between the parties with respect to the subject matter hereof and specifically incorporate, supersede, and replace all prior or contemporaneous oral, electronic, and written agreements relating to the subject matter hereof.

A printed version of this entire agreement including the Privacy Policy and Disclaimers & Disclosures and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this Site to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

Modifications

The Company reserves the right, in its sole discretion and without notice, to (a) revise these Terms & Conditions; (b) modify the Site and/or any services or products it offers; and (c) discontinue the Site and/or products or services at any time. Any changes to these Terms will take effect immediately. You agree to review these Terms and any other online policies posted on the Site on a regular basis to be aware of any changes. You agree to be bound by the revision if you continue to use or access the Site after these modifications.

Counterparts

These Terms may be executed in any number of counterparts in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Terms & Conditions.

Assignment

Neither these Terms nor any of the rights, interests, or obligations granted hereunder shall be assigned, sold, leased, or otherwise transferred in whole or in part, by operations of law or otherwise by any of the parties without the prior written consent of the other parties. Subject to the foregoing, these Terms will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns.

Severability

Any provisions of these Terms which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such condition, the remainder of these Terms shall continue in full force and shall be enforced to the maximum extent possible.

No Waiver

The failure to exercise any right, power, or remedy provided under these Terms or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power, or remedy or to demand such compliance.

Headings and Captions

The headings and captions in these Terms & Conditions are included for convenience of reference only and in no other way define, limit, or delineate any of the provisions hereof or otherwise affect their construction or effect.

Force Majeure

Neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, but not limited to, acts of God, acts of war or terrorism, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.

Termination

We reserve the right to terminate your rights under these Terms without notice if you fail to comply with any of these Terms & Conditions.

Acknowledgement

By using any of our products, services, or accessing the Site, you acknowledge that you have read and agree to be bound by these Terms & Conditions.

Contact

For any questions regarding these Terms & Conditions, contact us at support@athomewithmackenzie.com or via our Contact page.

Last updated: 26th of February 2023