Terms

Website Terms of Use.

By using our website you agree to these terms and conditions of use.

Last Updated: December 30, 2022.

This website is owned and operated by Kimberly Advisors LLC.

Please carefully read these Website Terms of Use before using the Kimberly Advisors website. These Website Terms of Use are a binding agreement that governs the use of the Kimberly Advisors website, exempts Kimberly Advisors and other persons from liability, specifies the jurisdiction for the resolution of disputes and contains other important provisions.

By using the Kimberly Advisors website, you acknowledge and signify that you have read, understand, and agree to these terms of use. If you do not agree to these terms of use, then you may not use the Kimberly Advisors website.

1. Your Acceptance of these Website Terms of Use

These Website Terms of Use are a binding agreement between you and Kimberly Advisors LLC. (“Kimberly Advisors”) regarding your access to and use of the Kimberly Advisors website (the “Website”). Each time you use the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Website Terms of Use. If you do not unconditionally accept and agree to these Website Terms of Use, then you may not use the Website.

In this Agreement, a reference to the Website includes all of the Website’s content (including all text, graphics, images, video, and other elements available on or through the Website) and the design, structure, selection, arrangement and look and feel of each element of Website content and the Website as a whole.

2. Other Agreements

These Website Terms of Use related to the Website only. Products and services advertised on or available through the Website are governed by other applicable agreements prescribed by Kimberly Advisors or its corporate affiliates, including the Kimberly Advisors Terms of Service (see section titled: “Kimberly Advisors Terms of Service” on the page https://kimberlyadvisors.com/terms)

Certain features or functionalities of the Website are restricted to individuals who hold a valid and subsisting Kimberly Advisors account, which is governed by the Kimberly Advisors Terms of Service.

3. Changes to these Website Terms of Use

Kimberly Advisors in its discretion may change these Website Terms of Use at any time and from time to time, without any prior notice, by posting the changed Website Terms of Use on the Website at https://kimberlyadvisors.com/terms The changed Website Terms of Use are effective immediately on posting on the Website, unless the changed Website Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Website Terms of Use and review any changes since the previous version. By using the Website after these Website Terms of Use have been changed by Kimberly Advisors, you signify your unconditional acceptance and agreement to be bound by the changed Website Terms of Use. You may not change these Website Terms of Use in any manner.

4. Permitted Users

The Website may be used only by individuals (natural persons) who are the age of majority in the jurisdiction in which they live and are capable of forming a binding contract under applicable law. You may not use the Website if you do not accept and agree to these Website Terms of Use, if you have breached these Website Terms of Use or if your permission to use the Website has been suspended or terminated by Kimberly Advisors.

5. Personal Information Privacy

By using the Website, you consent to the collection, use, disclosure, and retention of your personal information by or on behalf of Kimberly Advisors as explained in the Kimberly Advisors Privacy Policy (online: https://kimberlyadvisors.com/privacy), as revised from time to time, and as otherwise permitted by applicable law.

6. No Advice

The Website is for informational and educational purposes only. The Website is not intended to be or provide a comprehensive, current, complete, or detailed statements concerning the matters addressed, and is not professional advice or recommendations (including financial, legal, tax, or other professional advice). It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through the Website.

7. Permitted and Prohibited Use of the Website

Subject to these Website Terms of Use and all applicable laws, you may use the Website for your lawful, personal use for non-commercial purposes only, only in the manner purposefully made available by the Website and subject to these Website Terms of Use and all applicable laws. Use of the Website for any other purpose or in any other manner is strictly prohibited.

You will not: (a) use the Website in any manner or for any purpose except as expressly permitted by these Website Terms of Use; (b) use the Website for a commercial or business purpose (whether or not for profit) or on behalf of, or for the benefit of, any other person; (c ) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Website or attempt to access or use the Website by any means that is not purposely made available for that purpose by Kimberly Advisors; (d) use the Website in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Website or any related computer system, network or data; (e) license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, publicly perform, transmit, distribute, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (f) index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever; (g) alter, violate, circumvent, conceal, modify or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Website; or (h) authorize, permit, assist, encourage or enable any other person to do any of the foregoing or to use the Website in a way that would constitute an infringement of the rights of Kimberly Advisors or a breach of these Website Terms of Use if it were done by you. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.

8. Kimberly Advisors Marketplace

(a) Application: This Section 8 applies to your use of the Kimberly Advisors Marketplace portion of the Website and your purchase of products made available to you through the Kimberly Advisors Marketplace (each a “Product”).

(b) Kimberly Advisors Marketplace Vendors: Certain Products may be provided or supplied by vendors (each a “Vendor”) that are separate from and not affiliated with Kimberly Advisors. Kimberly Advisors has no responsibility or liability for Vendors and does not guarantee the accuracy, veracity or completeness of any Product. You are solely responsible for your selection and use of Products and your interactions with Vendors, and you access and use the Kimberly Advisors Marketplace at your own risk. You will not make any claim against Kimberly Advisors arising from, connected with or relating to the Kimberly Advisors Marketplace, Products or Vendors. All complaints, claims, concerns, requests or questions regarding a Product provided by a Vendor must be directed to that Vendor.

(c ) Online Payment Service: For your convenience, the Website may provide access to an online payment service (the “Payment Service”) that you may use to pay outstanding amounts under an existing purchase order that you have placed with Kimberly Advisors for the purchase of a Product. You will ensure that all information you provide through the Payment Service (including your credit card numbers and their expiration dates) is true, accurate and complete and you will retain a copy of each payment confirmation you receive in connection with your use of the Payment Service. The processing of your payment through the Payment Service may be delayed. You will be solely responsible and liable for your use and misuse of the Payment Service and for any and all loss, damage and additional costs that you, Kimberly Advisors or any other person may incur as a result of your misuse of the Payment Service, your submission of any false, incorrect or incomplete information or any delays in processing your payment through the Payment Service.

(d) Product Availability: Kimberly Advisors cannot guarantee that Products advertised on the Website will be available when ordered or thereafter, and does not warrant that the specifications and descriptions of Products on the Kimberly Advisors Marketplace are accurate or complete. Kimberly Advisors reserves the right to change or remove the Products advertised on the Kimberly Advisors Marketplace, limit quantities of Products available for sale or sold or refuse any order you place for a Product, all at any time without prior notice or liability to you or any other person.

(e) Kimberly Advisors Marketplace Refund Policy: In general, Products are non-refundable. However, each specific product, service, event or course may specify its own refund policy. This is done at Kimberly Advisors' sole discretion. We want you to be satisfied with Products and we understand that there may be technical or other issues with a Product from time to time. If you are dissatisfied with a Product you have purchased through the Kimberly Advisors Marketplace from Kimberly Advisors, you may contact Kimberly Advisors at support@kimberlyadvisors.com within thirty (30) days after the date on which you purchased the Product. If you are dissatisfied with a Product you have purchased through the Kimberly Advisors Marketplace from a Vendor, please contact the Vendor directly using the contact information provided to you by the Vendor within seven (7) days after the date on which you purchased the Product with: (i) proof of purchase of the Product; and (ii) a description of the technical or other issue you have experienced with the Product. If the issue has not been resolved to your satisfaction after you have contacted the applicable Vendor, you may contact Kimberly Advisors at support@kimberlyadvisors.com within seven (7) days after the date on which you first contacted the Vendor with your issue. Kimberly Advisors may in its discretion, but is not obligated to, respond to requests you send to Kimberly Advisors outside the time periods set out above. Kimberly Advisors reserves the right to refuse a refund request for any reason.

9. Currency/Errors, Changes, Prices

The information and content on or available through the Website is updated periodically, but is not intended to be a comprehensive, current or complete statement of all matters and developments concerning Kimberly Advisors and its business, products and services. The information and content on or available through the Website might not be accurate, current or complete, and misprints, errors, inaccuracies or omissions (including incorrect specifications for prices, products and services) or other errors might not be corrected. Kimberly Advisors does not warrant that the content of the Website (including specifications for prices, products and services) is accurate or complete. Kimberly Advisors does not accept any liability for any information or content on or available through the Website. Kimberly Advisors reserves the right to (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the content of the Website, including any promotional offers without any notice or liability to you or any other. The advertisements on the Website are invitations to make offers to purchase products and services and are not offers to sell. All prices and other amounts appearing on the Website are quoted in US dollars.

10. Your Information

You will ensure that all information you provide to Kimberly Advisors, through the Website or otherwise, including purchase order information (including your legal name, residential address, email address and order number), payment information (including your credit card numbers and their expiration dates) and transaction-related information is true, accurate, current and complete. Kimberly Advisors will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Kimberly Advisors or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes.

11. Ownership of Website

Copyright © 2024 Kimberly Advisors LLC All Rights Reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely by Kimberly Advisors and its licensors and are protected by laws of the United States of America and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data. Read Kimberly Advisors' entire Copyright Notice.

12. Trademarks

Kimberly Advisors, the Kimberly Advisors logo and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or used under license by Kimberly Advisors. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of those trademarks, service marks or trade names. Read Kimberly Advisors' entire Trademark Notice.

13. Linked Sites

For your convenience, the Website may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from Kimberly Advisors, and Kimberly Advisors does not endorse, or have responsibility or liability for or control over, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against Kimberly Advisors arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.

14. Disclaimers

General Disclaimers: To the fullest extent permitted by applicable law, the Website is made available and provided to you on an “as is”, “as available” and “with all faults” basis and without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to accuracy, capacity, completeness, delays, durability, errors, fitness for a particular purpose, lack of negligence, viruses or other harmful component, interrupted service, merchantability, non-infringement, performance, results, quality, timeliness, title or workmanlike effort, all of which are hereby waived by you and disclaimed by Kimberly Advisors Group to the fullest extent permitted by applicable law; and no representations, warranties, conditions or guarantees will be created by any advice or information, whether oral or written, provided by or on behalf of Kimberly Advisors Group. If you are dissatisfied with the Website, your sole remedy is to discontinue use of the Website.

Technology Disclaimers: The Website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Kimberly Advisors Group is not responsible or liable for any delays, delivery failures or other damage or loss resulting from any of those problems.

Linked Sites Disclaimer: Without limiting the generality of any other disclaimer, you are solely responsible for the selection of Linked Sites to achieve your intended results, and you access, deal with, purchase and use Linked Sites at your own risk. Kimberly Advisors Group does not make or give any representation, warranty, condition or guarantee of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, regarding any Linked Site. Kimberly Advisors Group does not control, and is not responsible or liable for, any Linked Site.

Reservation: The laws in some jurisdictions prohibit or limit the disclaimer of certain warranties and conditions or the exclusion or limitation of certain liabilities, and so the disclaimers and liability exclusions and limitations in these terms and conditions might not apply to you.

Definition: In these Website Terms of Use, “Kimberly Advisors Group” means Kimberly Advisors and its corporate affiliates, and each of their respective licensors, suppliers and service providers, and each of their respective directors, officers, employees, contractors, agents, shareholders, distributors, and representatives, jointly and severally.

15. Liability Exclusions

To the fullest extent permitted by applicable law, in no event and under no circumstances will Kimberly Advisors Group be liable to you or any other person for any loss, damage or liability (including direct, indirect, special, incidental, consequential and punitive damages) arising from, connected with or relating to your use of, or inability to use, the Website or any related matter, under any theory (including contract, tort, strict liability, statutory liability or any other theory of law), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by or on behalf of Kimberly Advisors Group, even if other remedies are not available or do not adequately compensate you or any other person for the loss, damage and liability and even if Kimberly Advisors Group knew or should have known of the possibility of the potential loss, damage or liability being incurred.

16. Restrictions/Changes/Termination

The Website may contain technologies that restrict or limit the use of the Website (including restrictions based on time or location). Kimberly Advisors in its discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any prior notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of Kimberly Advisors, all without notice or liability to you or any other person.

If your permission to use the Website is terminated for any reason, then these Website Terms of Use will continue to apply and be binding regarding your access to and use of the Website before termination and all related matters (including any related dispute).

17. Governing Law

Kimberly Advisors has its head offices in Miami, FL, USA. These Website Terms of Use and the Website and all related matters are governed by, and will be construed and interpreted solely in accordance with, the laws of the State of Florida, USA and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction.

18. Disputes

Except as expressly set out below, and unless applicable law requires otherwise, the courts of the State of Florida, USA sitting in the city of Miami, Florida, USA will have original and exclusive jurisdiction over any and all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Website Terms of Use or the Website or any related matter (each a “Dispute”), and you and Kimberly Advisors each hereby unconditionally and irrevocably submit and attorn to the original and exclusive jurisdiction of those courts regarding a Dispute.

Notwithstanding the foregoing, Kimberly Advisors may commence legal proceedings against you in the courts of any jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Website Terms of Use or to protect Kimberly Advisors' rights and interests.

You will commence legal proceedings regarding a Dispute within twelve (12) months after the Dispute arises, after which time any and all legal proceedings by you regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected.

19. General Matters

Miscellaneous: These Website Terms of Use are binding on you and your heirs, executors, administrators, successors and personal representatives. These Website Terms of Use are for the benefit of Kimberly Advisors Group. No consent or waiver by Kimberly Advisors to or of any breach of these Website Terms of Use by you will be effective unless in writing and signed by Kimberly Advisors or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of Kimberly Advisors Group under these Website Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Kimberly Advisors Group may be lawfully entitled under these Website Terms of Use or at law, and Kimberly Advisors Group may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Website Terms of Use or any of your rights and obligations under these Website Terms of Use without the express prior written consent of Kimberly Advisors, which consent may be withheld in Kimberly Advisors' discretion. Kimberly Advisors may, without your consent, assign its rights and obligations under these Website Terms of Use. If any provision of these Website Terms of Use is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Website Terms of Use and the remaining provisions will continue in full force and effect unless as a result of the severance these Website Terms of Use would fail in their essential purpose.

Interpretation: In these Website Terms of Use: (a) a reference to “Website Terms of Use” refers to these Website Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only; (c ) words importing the singular number only include the plural, and vice versa; (d) “person” includes an individual, corporation and any other legal entity; (e) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (f) “law” includes common law, equity, statutes and regulations; and (g) “discretion” mean a person’s sole, absolute and unfettered discretion.

Complete Agreement: These Website Terms of Use set out the entire agreement between you and Kimberly Advisors regarding your use of the Website. These Website Terms of Use may not be modified except as set out in section 3. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Kimberly Advisors regarding the Website. For greater certainty, products and services advertised on or available through the Website are governed by other applicable agreements.

Language: You and Kimberly Advisors have each expressly requested and required that these Website Terms of Use and all related notices and other documents be drawn up in the English language. Subject to applicable law, any non-English translation of these Website Terms of Use provided by Kimberly Advisors is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Website Terms of Use will take priority and govern.

If you have any questions or comments regarding these Website Terms of Use, please contact Kimberly Advisors' customer support at support@kimberlyadvisors.com.

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE WEBSITE.

Kimberly Advisors Terms of Service.

By registering, enrolling, or purchasing you agree to these terms and conditions of service.

Last Updated: December 30, 2022

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Please carefully read these Kimberly Advisors Terms of Service (these “Terms of Service”), which are a binding contract between you and Kimberly Advisors, LLC (“Kimberly Advisors”) that governs the use of a Kimberly Advisors account and the products and services available through a Kimberly Advisors account, exempts Kimberly Advisors and other persons from liability, specifies the jurisdiction for the resolution of disputes and contains other important provisions you agree to read these Terms of Service in full before registering for a Kimberly Advisors account, enrolling in a Kimberly Advisors course, or submitting an order for or using any product or service available through a Kimberly Advisors account.

By using a Kimberly Advisors account or a product or service available through a Kimberly Advisors account, you acknowledge and signify that you have read, understand and agree to these Terms of Service. If you do not agree to these Terms of Service, then you may not register for a Kimberly Advisors account or use any product or service available through a Kimberly Advisors account.

1. Definitions and Interpretation

1.1 Binding Agreement: These Terms of Service are a binding agreement between you and Kimberly Advisors regarding the use of an Account and Products. By registering for an Account or submitting an order for or using a Product, you acknowledge and signify that you have read, understood and agreed to the most current version of these Terms of Service. If you do not accept and agree to the most current version of these Terms of Service, then you may not register for an Account or submit an order for or use any Product.

1.2 Definitions: In these Terms of Service, the following terms have the following meanings and other capitalized terms have the meaning set out elsewhere in these Terms of Service:

(a) “Account” means a valid and subsisting account with Kimberly Advisors for use of Products;

(b) “Assessment” means an assignment, exercise, quiz or other assessment required to be completed in respect of a Course;

(c ) “Certificate” means a certificate issued by Kimberly Advisors evidencing successful completion of a Course or bundle of Courses;

(d) “Course” means an online course provided or made available by Kimberly Advisors for use through an Account;

(e) “Course Materials” means the videos, files, documents and other materials and Assessments provided or made available by Kimberly Advisors in respect of a Course;

(f) “Products” means the Courses, Course Materials and other products and services that Kimberly Advisors may provide or make available from time to time for use through an Account pursuant to these Terms of Service; and

(g) “Representatives” means directors, officers, employees, contract workers, agents and other personnel and representatives.

(h) “Community” and “Group” refer to the private online community we occasionally include access to as part of our Courses, Products, or Services.

(i) “Lifetime Access” means access will be granted for the lifetime of the program. We intend to grant lifetime access to certain programs with the intention that the Product of Service offered is and will remain a going concern. In the interest of ensuring that the materials in circulation are current, applicable, and relevant, Kimberly Advisors will determine the lifetime of any Course or any other Product or Service and We reserve the right to revoke access to any program at any time at our sole discretion. If you have purchased a program that offered lifetime access at the time of purchase, you will have access to the program for no less than two (2) calendar years from the date of the purchase. If we revoke access to a free Course or Offer then Kimberly Advisors is under no obligation to offer access to the program for any minimum amount of time. We would rarely revoke access to a Program with lifetime access, but reserve the right to do so in the interest of maintaining our brand reputation and We reserve the right to do so at our sole discretion.

1.3 Other Agreements: These Terms of Service are in addition to other agreements (collectively, the “Other Agreements”) between you and Kimberly Advisors (collectively the “Parties” and each a “Party”), which are available on Kimberly Advisors' website at www.kimberlyadvisors.com (the “Website”). If there is a conflict or inconsistency between these Terms of Service and the Other Agreements, then the Other Agreements will take priority and govern regarding the specific subject matter to which they apply, and these Terms of Service will take priority and govern regarding all other matters.

1.4 Changes: Kimberly Advisors in its discretion may change these Terms of Service at any time and from time to time, without any prior notice, by posting the changed Terms of Service on the Website. The changed Terms of Service are effective immediately on posting on the Website, unless the changed Terms of Service expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Service and review any changes since the previous version. By using an Account or submitting an order for or using a Product, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Service. You may not change these Terms of Service in any manner.

2. Permitted Users/Use

2.1 Permitted Users: You may not register for an Account or submit an order for any Product if you are under the age of majority in the jurisdiction in which you reside or if you cannot form a legally binding contract. If you are under the age of majority, then your parent or legal guardian may register an Account on your behalf and submit orders for Products on your behalf. You may not register for an Account or submit an order for any Product if you do not accept these Terms of Service or the applicable Other Agreements, if you breach these Terms of Service or any Other Agreements, if you are located in a jurisdiction where access to or use of a Product or the Website is prohibited by law, or if Kimberly Advisors has prohibited you from registering for an Account or ordering a Product. Notwithstanding the foregoing or any other provision of these Terms of Service, Kimberly Advisors reserves the right in its discretion and for its sole convenience to refuse to provide Products to you or any other person.

2.2 Permitted Use of Accounts and Products: Subject to these Terms of Service and all applicable laws, you may only use an Account and Products for your own lawful, personal, non-commercial purposes, in the manner permitted by these Terms of Service and subject to all applicable Other Agreements and applicable laws. Use of an Account or Product for any other purpose or in any other manner is strictly prohibited.

2.3 General Restrictions/Prohibitions: Without limiting the generality of section 2.2, you will not: (a) use your Account or any Product in a way that interferes with or threatens, damages, disrupts, compromises or degrades the integrity, functionality, operation, performance or security of your Account or the Product or Kimberly Advisors' systems or data, or to attempt to gain unauthorized access to Kimberly Advisors' systems or data; (b) index, crawl, catalogue, mirror, frame, scrape, cache or otherwise collect or mine any data from your Account or any Product for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers or other automatic devices, programs or methodologies) whatsoever; (c ) license, sublicense, grant, sell, share, transfer, assign, pledge, publish, transmit, publicly display or perform, distribute, create any interest in, or otherwise give or make available or permit the use of your Account or any Product to or for the benefit of any other person; (d) alter, attempt to circumvent, destroy, obscure, conceal, modify or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, security or control measures, or agreements on, in or in relation to your Account or any Product; (e) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of your Account or any Product or attempt to access or use your Account or any Product or Kimberly Advisors' systems or data by any means that is not purposely made available to you by Kimberly Advisors; (f) copy any ideas, features or functions of your Account or any Product or create a product or service using the ideas, features or functions of your Account or any Product; or (g) permit, assist or encourage any other person to do any of the foregoing in this section 2.3.

3. User Information

3.1 Accurate Information: To create an Account or to order a Product, Kimberly Advisors may require that you provide certain information about yourself (including your legal name, residential address, email address, other contact information and in some instances details of your government-issued identification documents) and payment information. You represent and warrant that all information you provide to Kimberly Advisors is true, accurate, current and complete, and that you will update the information from time to time so that it remains true, accurate, current and complete. Kimberly Advisors will rely on the information that you provide. Kimberly Advisors is not under any obligation to verify the truth, accuracy, currency or completeness of any information you provide, but Kimberly Advisors may do so in its discretion, and you hereby consent to Kimberly Advisors making reasonable inquiries as Kimberly Advisors considers appropriate to verify the information you provide. You hereby authorize Kimberly Advisors to create and permanently retain records of all information that you provide to Kimberly Advisors and all communications between you and Kimberly Advisors and to use, retain and disclose that information as reasonably necessary to provide Products and to otherwise perform Kimberly Advisors' obligations and exercise Kimberly Advisors' rights under these Terms of Service and applicable Other Agreements. You are solely responsible and liable for all loss, damage and expense that you, Kimberly Advisors or any other person may suffer or incur as a result of your submission of any false, inaccurate, out of date or incomplete information, your failure to promptly update your information if it changes, or any other breach of your obligations under this section 3.

3.2 Communications: You authorize Kimberly Advisors to: (a) accept communications it receives from you by means of the Website, email, SMS, phone, or physical mail as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to Kimberly Advisors' affiliates and services providers; and (c ) respond to your communications through the Website, by email, phone, SMS, mail, or other means of communication as Kimberly Advisors considers appropriate. Communications that you send to Kimberly Advisors are not effective unless and until they are processed by the responsible Kimberly Advisors representative. Kimberly Advisors may refuse to process communications that you send to Kimberly Advisors, or may reverse the processing of any communications that you send to Kimberly Advisors, at any time in Kimberly Advisors' discretion and without any notice or liability to you or any other person, including if Kimberly Advisors believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction. If you opt-in to communicate with us via SMS message, you can reply STOP to unsubscribe, and HELP for customer care information. Message and data rates may apply.

3.3 Personal Information Privacy: By accepting these Terms of Service you consent to the collection, use, retention, disclosure and deletion of your personal information in accordance with the Kimberly Advisors Privacy Policy (online: https://kimberlyadvisors.com/privacy), as amended from time to time, and as otherwise permitted by applicable law.

4. Transactions

4.1 Application: This section 4 does not apply to Products that are made available by Kimberly Advisors without a fee.

4.2 Misprints/Errors: Kimberly Advisors endeavors to provide current and accurate information on the Website, but misprints, errors, inaccuracies, omissions (including incorrect details for a Product) and other errors may sometimes occur. Kimberly Advisors reserves the right to correct any misprint, error, inaccuracy or omission at any time without prior notice or liability to you or any other person, and change at any time the Products advertised on the Website, the prices, fees, charges and specifications of those Products and any other Website content, all without any notice or liability to you or any other person. If you submit an order for a Product for which incorrect information was displayed on the Website, Kimberly Advisors will provide you with a reasonable opportunity to cancel your order.

4.3 Availability: Products advertised on the Website may not be available when ordered or thereafter. If you order a Product that is not available, Kimberly Advisors will notify you by email. Kimberly Advisors reserves the right in its discretion to refuse to accept or cancel any order you submit and to limit quantities available for sale or sold to you.

4.4 Prices: All prices and other amounts appearing on the Website are quoted in US dollars, unless expressly indicated otherwise. Kimberly Advisors reserves the right to change prices advertised on the Website at any time. The total price of your order will include the price of the ordered Products plus all applicable delivery charges, handling charges and taxes. The price and applicable taxes and charges will appear on the completed order form, and will be charged to your specified payment service when your order is accepted by Kimberly Advisors or as otherwise set out in your order.

4.5 Orders: The advertisements on the Website are invitations to make offers to purchase Products and are not offers to sell. Your properly completed and delivered order constitutes your offer to purchase the Products referenced in the order. Your order will be deemed accepted by Kimberly Advisors when Kimberly Advisors processes payment for your order or sends (by email) an order acceptance notice to you, whichever is sooner.

4.6 Order Cancellation: Because Kimberly Advisors endeavors to complete orders for Products quickly, you may not cancel an order for a Product except in accordance with Kimberly Advisors' refund policy, below, as amended by Kimberly Advisors from time to time.

4.7 Payment: You may pay for your purchases with the payment methods specified on the Website. Kimberly Advisors or its service providers will obtain payment pre-approval from your payment service when your order is processed. The purchase payment will be charged to your payment service if and when your order is processed or as otherwise set out in your order. Except as expressly set forth in these Terms of Service or applicable Other Agreements or otherwise required by applicable law, pre-paid fees are not refundable under any circumstances.

4.8 Delivery: Kimberly Advisors will deliver Products to you electronically, as specified in your applicable accepted order.

5. Proprietary Rights

5.1 Ownership: Except for the limited license expressly set out in section 5.2, (a) as between the Parties, Kimberly Advisors will at all times solely own and retain all rights, title and interest (including all intellectual property rights) throughout the world in, to and associated with Products; and (b) neither you nor any other person will acquire any right, title or interest in, to or associated with any Product.

5.2 License: Subject to the provisions of these Terms of Service and your payment of all applicable fees, Kimberly Advisors hereby grants you a non-exclusive, personal, non-sublicensable, non-transferable, restricted and limited license to access and use each Course Material made available to you in accordance with the restrictions and requirements set forth and referenced in these Terms of Service. You may use Course Materials solely for your personal participation in a Course and not for any other purpose whatsoever. Unauthorized use of Course Materials is strictly prohibited.

5.3 Trademarks: Kimberly Advisors, the Kimberly Advisors logo and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or licensed by Kimberly Advisors. Any unauthorized use of those trademarks is strictly prohibited, and nothing on the Website or in these Terms of Service or any Other Agreements will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of those trademarks and service marks.

5.4 Feedback: If you give to Kimberly Advisors any feedback (including any review, comments, ideas or suggestions for corrections, enhancements or improvements) regarding a Product or Account or the Website, then Kimberly Advisors and its successors, assigns and licensees may use the feedback for any and all purposes (including to support, maintain and improve Products, Accounts and the Website) without providing any compensation or attribution to you or any other person. Kimberly Advisors may in its discretion modify your feedback (e.g. for grammar and spelling) prior to use.

5.5 Reservation: All rights not expressly granted by these Terms of Service or any Other Agreements are reserved by Kimberly Advisors.

6. User Content

6.1 User Content: In these Terms of Service: (a) “Content” means text (including notes, questions, comments and reviews), information, graphics, photographs, images, audio, video, and other materials and forms of data or communication, and includes Templates; (b) “Template” means a business template distributed through or otherwise made available on the Kimberly Advisors Marketplace on the Website; and (c ) “User Content” means Content (including Templates) posted, submitted, contributed, transmitted or provided by you to the Website, including the Kimberly Advisors Marketplace, discussion forums and other Kimberly Advisors functionalities generally made available to you.

6.2 Acknowledgement: You acknowledge that User Content may be made available to other users of Products or publicly available on the Website, and that User Content might be copied, disclosed, shared or otherwise made available to other persons. Kimberly Advisors has no responsibility or liability for or control over the use of User Content by other users of Products or the Website or any other person.

6.3 Responsibility/Compliance: Without limiting the generality of any other provision of these Terms of Service, you are solely responsible and liable for User Content. You will ensure that User Content: (a) complies with all applicable laws and community standards (including the laws of the jurisdiction in which you are located); (b) does not infringe, violate or misappropriate the rights of any person; and (c ) does not contain, reference or distribute any information, messages, images or other materials that are abusive, contain nudity, deceptive, defamatory, derogatory, discriminatory, false, fraudulent, harassing, harmful, hateful, indecent, objectionable, obscene, offensive, pornographic, profane, racist, sexist, sexually explicit, threatening, violent, vulgar or otherwise objectionable, or which depict, encourage or tend to incite any unlawful activities. Kimberly Advisors is not obligated to screen or verify User Content, and does not guarantee the accuracy, veracity or completeness of any User Content. You are solely responsible and liable for your selection and use of User Content shared by other users and your interactions with other users. Kimberly Advisors may remove User Content at any time and for any reason without notice or liability to you or any other person.

(a) Content License/Waiver: You hereby grant and agree to grant Kimberly Advisors and its affiliates, suppliers, service providers and licensees a non-exclusive, world-wide, unrestricted, transferable, sublicensable, royalty-free, fully paid-up, perpetual, irrevocable right and license to use and exploit (including access, view, store, copy, reproduce, combine with other works, distribute, transmit, display and perform) User Content in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties. You hereby grant to each other user of Products and the Website a non-exclusive, non-sublicensable, non-transferable, restricted and limited license to use User Content made available by you for the sole purpose of the user’s lawful, internal business purposes. You hereby unconditionally and irrevocably waive and agree to waive in favor of Kimberly Advisors and its affiliates, suppliers, service providers and licensees and all other users all moral rights and rights of authorship and attribution that you have or may have in, to or associated with User Content (the “Content License/Waiver”).

6.4 Representation/Warranty: You represent and warrant to Kimberly Advisors and all other users of Products and the Website that: (a) you own User Content or otherwise have all requisite rights, licenses, permissions, consents, powers, authorizations, approvals and waivers to use User Content and grant the Content License/Waiver; (b) the creation, possession and use of User Content does not and will not violate or infringe the rights (including intellectual property, privacy and personality rights) of any other person, breach any duty or obligation (contractual or otherwise) owed by you to any other person, or violate any applicable laws; and (c ) to the best of your knowledge, the information contained in User Content is true, accurate, current and complete. If you become aware that any information in User Content is untrue, inaccurate or incomplete, you will promptly contact Kimberly Advisors.

6.5 Review/Removal and Deletion: Kimberly Advisors is not obligated to monitor, review, screen, police, edit or remove User Content, although Kimberly Advisors reserves the right to do so in its discretion and without any notice or liability to you or any other person. Kimberly Advisors reserves the right to refuse to post or to remove any User Content, in whole or in part, that Kimberly Advisors in its discretion considers to be unacceptable, undesirable or in violation of these Terms of Service or any Other Agreements, without any notice or liability to you or any other person. You acknowledge that you may not be able to remove User Content from the Website and copies of User Content might continue to exist and be accessible by other persons through the Website or otherwise (including by persons who have previously downloaded, copied, received or otherwise obtained User Content). Kimberly Advisors is not responsible or liable for any removal or deletion of User Content.

6.6 Authorization/Consent: You acknowledge that Kimberly Advisors may in its sole discretion report any information regarding unlawful conduct, including information regarding unlawful conduct contained in User Content, to applicable law enforcement agencies at any time without any notice or liability to you or any other person.

6.7 Retention by Kimberly Advisors: For greater certainty, and notwithstanding the foregoing in this section 6 or any other provision of these Terms of Service, Kimberly Advisors may include copies of User Content in Kimberly Advisors' archives and back-up systems and may permanently retain copies of User Content for legal compliance and administrative purposes.

6.8 Third Party Content: You acknowledge that Content may be submitted, posted, displayed, transmitted or provided to or through the Website by other users (whether to other users of Products or publicly available on the Website) (“Third Party Content”). Kimberly Advisors does not guarantee the accuracy, veracity or completeness of any Third Party Content. Kimberly Advisors has no responsibility or liability for or control over the conduct of other users of Products or the Website or any Third Party Content. You are solely responsible for your selection and use of Third Party Content, and you access and use Third Party Content entirely at your own risk. You will not make any claim against Kimberly Advisors arising from, connected with, or relating to your use of any Third Party Content.

7. Accounts

7.1 Credentials: You must use a valid user name and password for your Account that complies with Kimberly Advisors' technical requirements and policies (collectively “Credentials”).

7.2 Restrictions/Requirements: You may have only one (1) Account. Except as expressly set forth in sections 7.7 and 8: (a) you may not create an Account for any other person; and (b) your Account and Credentials are personal to you and may not be shared with or use by any other person. You are fully responsible and liable for maintaining the confidentiality of your Account and Credentials and for any and all use and misuse of your Account and Credentials (including all transactions using your Account or Credentials) and for all resulting loss and damage.

7.3 Linked Accounts: Kimberly Advisors may permit you to register for an Account through an account you hold with a third party social media site (such as LinkedIn). By registering for an Account using a third party social media site, you agree that Kimberly Advisors may access information related to your account with the third party social media site and you agree to comply with all terms and conditions of the third party social media site regarding your use of an Account through the third party social media site. Your use of, and interactions with, a third-party social media site as a result of accessing an Account through the third party social media site are at your own risk. Third party social media sites are independent from Kimberly Advisors, and Kimberly Advisors does not endorse, and has no responsibility or liability for or control over, third party social media sites.

7.4 Notices: You will immediately notify Kimberly Advisors by email to support@kimberlyadvisors.com if you discover any unauthorized use of your Account or if you know or suspect that your Credentials have been lost or stolen or become known to or used by any other person.

7.5 Reliance/Verification: Kimberly Advisors may act upon any communication that is given through your Account or by using your Credentials. Kimberly Advisors is not under any obligation to verify the actual identity or authority of any person using your Account or Credentials, but Kimberly Advisors in its discretion may at any time require verification of the identity of any person seeking to access your Account and may deny access to and use of your Account if Kimberly Advisors is not satisfied with the verification.

7.6 Cancellation/Suspension/Termination: Kimberly Advisors in its discretion may cancel or suspend your Account or reject, revoke or require that you change or renew your Credentials at any time without notice or liability to you or any other person, including if your Account is inactive. If your Account is suspended, cancelled or terminated by Kimberly Advisors, you may not create another Account without Kimberly Advisors' express prior written consent.

7.7 Accounts for Children: You may create an Account for a child for whom you are the parent or legal guardian, and in those circumstances you and your child are jointly and severally responsible and liable for the Account and related

8. Authorized Representatives

8.1 General: Kimberly Advisors in its discretion may permit you to use procedures prescribed by Kimberly Advisors to appoint another person or legal entity (an “Authorized Representative”) to act as your agent and representative in all dealings with Kimberly Advisors, including for purposes of creating, administering and using your Account, submitting and processing your orders for Products and related transactions, and exchanging on your behalf documents and information (including your confidential information, personal information and test scores) with Kimberly Advisors.

8.2 Authorization/Responsibility: By appointing your Authorized Representative in accordance with Kimberly Advisors' prescribed procedures, you authorize Kimberly Advisors to deal with your Authorized Representative as your authorized agent and representative for all purposes unless and until your appointment of your Authorized Representative is terminated as set forth in section 8.3. Without limiting the generality of the foregoing in this section 8.2, you hereby acknowledge and agree that: (a) your Authorized Representative may accept and agree on your behalf to all of Kimberly Advisors' applicable customer agreements and policies (including these Terms of Service and all applicable Other Agreements), as amended from time to time; and (b) you are bound by, and fully responsible and liable for, all acts and omissions (including wrongful conduct and use of your confidential or personal information or your Account) by or on behalf of your Authorized Representative.

8.3 Termination: You or your Authorized Representative may terminate the Authorized Representative’s status at any time by sending an email to support@kimberlyadvisors.com. A termination request submitted by you or your Authorized Representative will not be effective unless and until the request is actually received and processed by Kimberly Advisors' personnel. Kimberly Advisors in its discretion may terminate your Authorized Representative’s status at any time without any prior notice to you or the Authorized Representative. If your Authorized Representative’s status is terminated, then you alone will have control over your Account (in accordance with applicable procedures prescribed by Kimberly Advisors in its discretion from time to time) and Kimberly Advisors will no longer accept your Authorized Representative’s orders or requests on your behalf.

9. Courses, Course Materials and Certificates

9.1 Course Registration: Your registration for a Course or bundle of Courses is specific to the particular Course or bundle of Courses for which you have registered. You may not cancel your registration for a Course or change the Course specified in your registration, except in accordance with Kimberly Advisors' refund policy, as amended by Kimberly Advisors from time to time, which is available on the Website.

9.2 Changes to Courses and Course Materials: Notwithstanding any other provision of these Terms of Service, Kimberly Advisors may at any time cancel or otherwise make unavailable or modify any Course or any Course Material, including any Assessments.

9.3 Assessment Integrity: You acknowledge that Assessments are designed to measure a user’s proficiency or other skills based upon spontaneous, unassisted, original answers provided by the user. If you complete an Assessment, you will provide spontaneous, unassisted answers to the Assessment, and you will not give answers that are memorized or copied from other sources (including answers of another user). You will not encourage or assist any other person to cheat on an Assessment or encourage, engage in or assist any act or omission that might compromise the security of an Assessment or impair the integrity of any Assessment.

9.4 Assessment Confidentiality: To ensure the continued integrity of Assessments, you will maintain the confidentiality of the questions contained in an Assessment and your answers to those questions, and you will not disclose any of those questions or your answers to any other person.

9.5 Assessment Requirements – Computer Skills: You acknowledge that Assessments are administered by computer and require basic computer skills (using a mouse and typing), and you will not be entitled to retake an Assessment or receive a refund of fees if you lack the computer skills required to take an Assessment or if your lack of required computer skills adversely affects your performance on the Assessment.

9.6 Assessment Answers: You hereby unconditionally and irrevocably grant and agree to grant to Kimberly Advisors a non-exclusive, world-wide, unrestricted, transferable, sublicensable, royalty-free, fully paid-up, perpetual, irrevocable right and license to use and exploit (including copy, reproduce, publish, republish, translate, upload, post, publicly display, transmit, communicate or make available to the public, or otherwise disclose or distribute), and authorize other persons to use and exploit, your Assessment answers (without disclosure of your name or other identifying information) in any manner and using any and all forms, media and technologies now in existence or developed in the future for any and all purposes, including to advertise, promote and market Kimberly Advisors' products and services, all without any compensation or attribution to you, and you hereby unconditionally and irrevocably waive and agree to waive in favor of Kimberly Advisors and its successors, assigns and licensees all moral rights and rights of authorship and attribution that you have in, to, or associated with your Assessment answers.

9.7 Irregularities: Kimberly Advisors may in its discretion refuse to score an Assessment, release your results on an Assessment or invalidate your completion of an Assessment if Kimberly Advisors believes that the security of the Assessment or the integrity of your completion of the Assessment have been impaired or compromised for any reason whatsoever, including as a result of administrative errors or cheating or other misconduct by you.

9.8 Certificates: Following your successful completion of the requirements (including all applicable Assessments) for a Course or a bundle of Courses, as determined by Kimberly Advisors in Kimberly Advisors' sole discretion and subject to these Terms of Service, Kimberly Advisors will grant you a Certificate in respect of the Course or the bundle of Courses. Kimberly Advisors will send or cause to be sent an electronic copy of your Certificate to the email address you provided to Kimberly Advisors. Kimberly Advisors may make additional copies of your Certificate available to you in hard copy or other format for an additional fee.

9.9 Disclosure of Certificate: If you submit a copy of one or more of your Certificates to an institution, association, organization or entity, including a current or potential employer (each an “Authorized Organization”), or if you authorize Kimberly Advisors to disclose a copy of one or more of your Certificates to an Authorized Organization, or if you authorize an Authorized Organization to obtain a copy of one or more of your Certificates from Kimberly Advisors, then you unconditionally and irrevocably consent to Kimberly Advisors disclosing to the Authorized Organization your name and other personal information and a copy of the Certificate, and you agree that Kimberly Advisors is not responsible or liable for the Authorized Organization’s use or disclosure of the disclosed information and the copy of the Certificate.

9.10 No Other Certification: A Certificate granted to you in respect of a Course or a bundle of Courses evidences your successful completion of that Course or bundle of Courses only. Unless otherwise explicitly stated by a credit-granting institution, participation in or completion of a Course or a bundle of Courses does not confer any academic or continuing education credit or any other designation or certification on you.

9.11 Consequences of Breach/Misconduct: Notwithstanding any other provision of these Terms of Service, if you breach these Terms of Service or any Other Agreement then, in addition to all other lawful remedies, Kimberly Advisors may in its discretion: (a) cancel your registration for any and all pending Courses; (b) refuse to score an Assessment completed by you; (c ) refuse to accept your registration for any future Courses; (d) refuse to give you a refund of fees paid for Courses; (e) invalidate your completion of an Assessment or a Course; and (f) invalidate any Certificate you received in respect of a Course.

9.12 Group and Community Access: We occasionally include access to an online community as part of our Courses, Programs, Products or Services. We want every member to add value to the group. Our goal is to make these communities the most valuable communities they can be. Therefore, we reserve the right to remove anyone at any time. We rarely do this, but we want to inform our Website users of how seriously we take our communities. In addition, we reserve the right to alter, edit, refuse, to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process, or governmental request and to protect ourselves, our clients, sponsors, users, and visitors.

10. Other Matters

10.1 General Representations/Warranties: You represent and warrant to Kimberly Advisors that you have the right, power, capacity and authority to lawfully enter into these Terms of Service and lawfully perform your obligations and exercise your rights under these Terms of Service.

10.2 Technical Requirements: You are solely responsible and liable for obtaining, provisioning, configuring, maintaining, paying for, and protecting from loss and damage, all equipment (including mobile computing devices and personal computers), software and services (including Internet access) necessary for your use of your Account and Products (including transmission of data to and from Kimberly Advisors).

10.3 Notifications: You will promptly notify Kimberly Advisors if you know of or suspect any unauthorized access to or use of a Product, and on request by Kimberly Advisors you will cooperate with and assist Kimberly Advisors to investigate and respond to the unauthorized access or use (as applicable).

11. Disclaimers, Liability Exclusions/Limitations and Indemnity

11.1 General Disclaimer: You are solely responsible for the use of your Account and the selection and use of Products to achieve your intended results, and you use your Account and Products at your own risk. To the fullest extent permitted by applicable law, Accounts and Products are provided “as is”, “as available” and “with all faults”, and without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to: accuracy, accessibility, availability, completeness, durability, errors, fitness for a particular purpose, merchantability, non-infringement, lack of viruses or other disabling or harmful code, performance, quality, results, suitability, security, timeliness, title, truthfulness, quiet enjoyment, uninterrupted service or workmanlike effort; all of which are hereby waived by you and disclaimed by Kimberly Advisors to the fullest extent permitted by applicable law. Without limiting the foregoing, Kimberly Advisors does not represent or warrant that any Product will meet your requirements. No oral or written information or advice given by or on behalf of Kimberly Advisors will create any legally binding or effective representation, warranty, condition or promise.

11.2 Liability Exclusions/Limitations: Notwithstanding any other provision of these Terms of Service or any Other Agreements, and to the fullest extent permitted by applicable law: (a) in no event and under no circumstances will Kimberly Advisors Group be liable to you or any other person for any personal injury, emotional distress or any damage or loss (including direct, indirect, incidental, consequential, special, punitive or exemplary damage or loss, loss of profit, loss of revenue, loss of data or information, loss of use, loss of privacy, loss of business, loss of opportunity, loss of productivity or any other commercial damage or loss) arising from, connected with or relating to Accounts or Products (including your use or inability to use your Account or Products) or any related matter; and (b) if notwithstanding the foregoing or any other provision of these Terms of Service or any Other Agreements Kimberly Advisors Group is liable to you or any other person, then in no event and under no circumstances will Kimberly Advisors Group’s total aggregate liability arising from, connected with, or relating to Accounts or Products or any related matter ever exceed the lesser of: (1) the fees that you actually paid to Kimberly Advisors during the three (3) months immediately before the date on which the liability arose; and (2) USD$50.00. This section 11.2 applies to loss and damage however caused and to liability under any theory (including contract, tort, statute and strict liability), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by Kimberly Advisors or any person for whom Kimberly Advisors is responsible, even if other remedies are not available or do not adequately compensate you or any other person for the loss or damage or the stated remedy fails of its essential purpose, or Kimberly Advisors knew or should have known of the possibility of the loss or damage being incurred.

11.3 Exceptions: The laws in some jurisdictions prohibit or limit the disclaimer of certain warranties and conditions or the exclusion or limitation of certain liabilities, and so the disclaimers and liability exclusions and limitations in these Terms of Service might not apply to you.

11.4 Indemnity: You will defend, indemnify and hold harmless Kimberly Advisors Group from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including legal fees and expenses and settlement payments) arising from, connected with or relating to your use of an Account or Products or your negligence, misconduct or breach of these Terms of Service or any applicable Other Agreements. Notwithstanding the foregoing, Kimberly Advisors Group retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of their own selection at their sole cost and expense.

11.5 Additional: Kimberly Advisors operates strictly as a non-investment advisory. We do not advise on securities. Our information should not be relied upon for purposes of transacting in securities or other investments. The Website is for informational and educational purposes only. We do not offer or provide financial, legal, tax, or investment advice and you are responsible for consulting financial, legal, tax, or investment professionals before on any information provided by us. This Website is continually under development and Kimberly Advisors makes no warranty of any kind, implied or express, as to its accuracy, completeness, or appropriateness for any purpose. You acknowledge and agree that no representation has been made by Kimberly Advisors or its Affiliates and relied upon as to the future income, expenses, sales volume, or potential profitability that may be derived from the participation in any Kimberly Advisors Programs, Courses, Products, or Services offered. We may cancel or terminate your right to use the site or any part of the site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to the material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

11.6 Definition: In this section 11, “Kimberly Advisors Group” means Kimberly Advisors and each of Kimberly Advisors' corporate affiliates, licensors, suppliers and service providers, and each of their respective directors, officers, employees, contractors, agents, shareholders, distributors and representatives, jointly and severally.

12. Suspension/Termination

12.1 Suspension: Kimberly Advisors in its discretion may immediately suspend or restrict your Account and your permission to order Products at any time without notice or liability to you or any other person.

12.2 Termination: These Terms of Service as they apply to you are effective unless and until terminated as set forth in this section 12.2. You may terminate these Terms of Service as they apply to you by permanently closing/deactivating your Account. Kimberly Advisors in its discretion may for its sole convenience terminate these Terms of Service at any time by giving a notice of termination to you or by permanently closing/deactivating your Account.

12.3 Consequences of Termination: Notwithstanding any other provision of these Terms of Service, the obligations and liabilities you incur prior to termination of these Terms of Service will survive termination, and sections 1.3, 2, 3, 4, 5, 6, 7.6, 8.2, 9, 11, 12.3 and 13 of these Terms of Service (and all other provisions of these Terms of Service necessary to their interpretation or enforcement) will survive termination and continue to apply and be binding upon you and Kimberly Advisors.

13. General Matters

13.1 Governing Law: These Terms of Service, the Other Agreements, Products, the relationship between you and Kimberly Advisors, and all related matters will be governed by, and construed and interpreted solely in accordance with, the laws of the State of Florida, USA and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.

Disputes: The courts of the State of Florida, USA sitting in the city of Miami, Florida, USA will have original and exclusive jurisdiction over any and all disputes arising from, connected with or relating to these Terms of Service, the Other Agreements, Accounts, Products, the relationship between you and Kimberly Advisors or any related matter (each a “Dispute”), and you and Kimberly Advisors each hereby unconditionally and irrevocably submit and attorn to the original and exclusive jurisdiction of those courts regarding those disputes. Notwithstanding the foregoing, Kimberly Advisors may commence legal proceedings against you in the courts of any jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Service or to protect Kimberly Advisors' rights and interests. You will commence legal proceedings regarding a Dispute within twelve (12) months after the Dispute arises, after which time any and all legal proceedings by you regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected.

13.2 Force Majeure: Notwithstanding any other provision of these Terms of Service or any Other Agreements, Kimberly Advisors will not be liable for any delay in performing, or failure to perform, any of its obligations under these Terms of Service or any Other Agreements to the extent performance is delayed or prevented due to any cause or causes that are beyond Kimberly Advisors' control. Any delay or failure of that kind will not be a breach of these Terms of Service or any Other Agreements by Kimberly Advisors, and the time for Kimberly Advisors' performance of the affected obligation will be extended by a period that is reasonable in the circumstances.

13.3 Miscellaneous: You and Kimberly Advisors are non-exclusive, independent contracting parties, and nothing in these Terms of Service or any Other Agreements or done pursuant to these Terms of Service or any Other Agreements will create or be construed to create a partnership, joint venture, agency, employment or other similar relationship between you and Kimberly Advisors. Upon request by Kimberly Advisors, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms of Service and applicable Other Agreements. No consent or waiver by Kimberly Advisors to or of any breach by you of these Terms of Service or any Other Agreements will be effective unless the consent or waiver is confirmed in a document that is signed by Kimberly Advisors or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Kimberly Advisors' rights and remedies under these Terms of Service and the Other Agreements are cumulative and not exhaustive or exclusive of any other rights or remedies to which Kimberly Advisors may be lawfully entitled under these Terms of Service or any Other Agreements or at law, and Kimberly Advisors will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. If any provision of these Terms of Service or any Other Agreements is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Service or the Other Agreements (as applicable) and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Service or the Other Agreements (as applicable) would fail in their essential purpose. You may not assign these Terms of Service or any Other Agreements or any of your rights, licenses, duties or obligations under these Terms of Service or any Other Agreements. Kimberly Advisors in its discretion may assign these Terms of Service and the Other Agreements and any or all of Kimberly Advisors' rights, licenses, duties and obligations under these Terms of Service and the Other Agreements. Kimberly Advisors may engage subcontractors to perform Kimberly Advisors' obligations under these Terms of Service and the Other Agreements. The provisions of these Terms of Service and applicable Other Agreements will endure to the benefit of and be binding upon you and Kimberly Advisors and your respective successors, permitted assigns and personal representatives.

13.4 Interpretation: In these Terms of Service and applicable Other Agreements (each a “Contract Document”): (i) a reference to the Contract Document refers to the Contract Document as a whole and not just to the particular provision in which the reference appears; (ii) a reference in a Contract Document to a section by number is a reference to the appropriate section in the Contract Document; (iii) headings are for reference only and do not define, limit or enlarge the scope or meaning of the Contract Document or any of its provisions; (iv) words importing the singular number only include the plural and vice versa; (v) words importing a gender include both genders; (vi) “person” includes an individual, corporation, partnership, joint venture, association, trust, unincorporated organization, society, and any other legal entity; (vii) “including” and “includes” mean including or includes (as applicable) without limitation or restriction; (viii) “law” includes common law, equity, statutes and regulations, and reference to a specific law includes all regulations made under the law and all amendments to, or replacements of, the law or any regulation made under the law in force from time to time; and (ix) “discretion” or any variation thereof means a person’s sole, absolute and unfettered discretion.

13.5 Complete Agreement/Governing Language: These Terms of Service and all applicable Other Agreements together set forth the entire agreement between you and Kimberly Advisors regarding the subject matter of these Terms of Service and the Other Agreements (including Products), and supersede all prior or contemporaneous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these Terms of Service and the Other Agreements. Except as expressly set forth in these Terms of Service, these Terms of Service and the Other Agreements may not be modified except by a written document that expressly states that it is an amendment to these Terms of Service or the Other Agreements (as applicable) and is signed by an authorized representative of Kimberly Advisors. You and Kimberly Advisors have expressly requested and required that these Terms of Service and all Other Agreements and all related documents be drawn up in the English language. Subject to applicable law, any non-English translation of these Terms of Service or any Other Agreements provided by Kimberly Advisors is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English translation then the English version will take priority and govern.

If you have any questions or comments regarding these Terms of Service or any Other Agreements, please contact Kimberly Advisors at support@kimberlyadvisors.com.

Table of Contents:

Website Terms of Use.

Kimberly Advisors Terms of Service.

Earnings Disclaimer.