TERMS OF USE AND SERVICES – DISCLAIMER STATEMENT

TERMS OF USE

TERMS OF USE for Kalmon Productions, LLC, Ricky Kalmon, RickyKalmon.com – Mobile Application, Audio Programs, Video Programs, Website, and Content.  Our website is located at https://rickykalmon.com

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS MOBILE APPLICATION, AUDIO PROGRAMS, WEBSITE and CONTENT.

By using this mobile application, audio programs, content and website you signify your assent to these Terms of Use.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

The terms and conditions set forth below (“Terms of Use” or “Terms”), as well as the privacy policy set forth at https://rickykalmon.com/terms , apply to your use of the services and functionality provided on or through the Kalmon Productions, LLC website, mobile application, audio programs, and video programs.  If you do not agree to all of these Terms and Conditions of use, do not use (the “Services”). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy. If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use the Services.

Kalmon Productions, LLC, Ricky Kalmon and rickykalmon.com may revise and update these Terms and Use at any time. Your continued usage of the rickykalmon.com website, mobile application, audio programs, techniques, or programs will mean you accept those changes.

Legal disclaimer
Though we make every effort to preserve your privacy, we may need to disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on my Web site. The contents herein are solely the opinions of Kalmon Productions, LLC and Ricky Kalmon and should not be considered as a form of therapy nor advice. There is no guarantee of validity or accuracy. Kalmon Productions, LLC and Ricky Kalmon assume no responsibility for injury. If expert assistance or counselling is needed, services of a competent professional should be sought.

No Medical Advice
The contents of the Kalmon Productions, LLC, Ricky Kalmon, RickyKalmon.com website, audio programs and mobile application, such as audio, video, text, graphics, images, information, and other material contained on the Kalmon Productions, LLC, Ricky Kalmon and rickykalmon.com, and mobile application “Content” and or “Services” are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Kalmon Productions, LLC, Ricky Kalmon and RickyKalmon.com Site!

Audio programs, services, and content are selected by the user for the purpose of  self-improvement sessions. Users can also use the paid subscription or purchase items that are offered for sale through the Services  and content (the “Products” / “Programs”). Not all activities described on the Services, Content or Products are suitable for everyone.

It is very important that you understand that hypnosis / self-hypnosis / meditation cannot make you do anything. Your willingness and openness is the element that creates the momentum and direction you desire. This motivational content, program, and these techniques should not be considered a form of medical, psychological, health, or any other kind of therapy.  Users understand and agree that the Services, Products and any other information obtained from Kalmon Productions, LLC, Ricky Kalmon, RickyKalmon.com – Mobile Application, Audio Programs, Video Programs, Website, and Content are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care.

The reader should consult his or her medical, psychological, or health professional before applying any of the concepts. If expert assistance or counseling is needed, services of a competent medical professional should always be sought. Using this program of hypnosis, self-hypnosis / meditation techniques and suggestions is not intended to and should not replace medical treatment. Your physician is familiar with your medical history and able to advise you whether this program is appropriate for you and your needs. Neither the publisher nor the author shall be liable for any physical, psychological, emotional, financial, or commercial damages, including, but not limited to, special, incidental, consequential or other damages. Our view and rights are the same: You are responsible for your own choices, actions, and results. All content is intended for motivational and inspirational use.
Do not use the Services and or audio programs while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.

Unsubscribing Updating Your Account
You may at any time choose to unsubscribe and or update your account at any time.  To unsubscribe, click on the bottom link of any email that you receive. Your request will be processed immediately. You will be removed from my list and you will not receive future messages.
All email list messages contain the information necessary for removal from their appropriate list.
Why were you sent an email you do not want? 
There are a few possibilities:
• You have forgotten that you signed up for a service.
• We are following up on a service you once requested.
• Someone signed you up without your permission.

Spam filtering

If you are using spam filtering software, you can enter the following email address into your filtering software’s “white list” to ensure you continue to receive Kalmon Productions, LLC and Ricky Kalmon email messages: ricky@rickykalmon.com, support@rickykalmon.com or info@rickykalmon.com. We also monitor all spam filters and manually enter any required validation codes.

IP address
We use your IP address, browser type, domain names, and access times, operating system, country of origin, page views, and users sessions (normally available from most computers with the email address) to help diagnose problems with our servers and to administer my Web site.

Cookies
A cookie is a piece of data stored on the user’s computer. This site only uses your computer’s cookie if you are an affiliate of Kalmon Productions, LLC and Ricky Kalmon using the correct affiliate URL and a short term cookie to identify a visitor’s referring information to administer subscription and ordering statistics.

Security
Kalmon Productions, LLC and Ricky Kalmon web site has credit card security measures in place to protect the loss, misuse and alteration of the information under my control. Sensitive data, such as credit card information, collected through Kalmon Productions, LLC and Ricky Kalmon’s website is transferred via Secure Socket Layer (SSL) server using only the highest standards of 128 bit encryption. We use a server that has daily maintenance and backup.

Notification of Changes
Kalmon Productions, LLC and Ricky Kalmon will occasionally update his Privacy Policy based on users’ feedback. If there are any material changes to how we use your personal information, we will notify you via email and provide you the opportunity to opt-out prior to any substantial change to be taken. However, if you have opted out of all communication from Kalmon Productions, LLC and Ricky Kalmon, you will not be contacted, nor will your personal information be used in this new manner. Kalmon Productions, LLC and Ricky Kalmon encourages you to periodically review his privacy policy to be informed of how he is committed to protecting your privacy.

The resources that can be accessed through Kalmon Productions, LLC and Ricky Kalmon are maintained by RickyKalmon.com on a without liability basis. Kalmon Productions, LLC and Ricky Kalmon is not responsible for the content of any information made available or acquired from or by third parties, including errors by Kalmon Productions, LLC and Ricky Kalmon in reproducing such information for the Kalmon Productions, LLC and Ricky Kalmon web site or mobile application.

Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription
MOBILE “IN-APP” PURCHASES. Kalmon Productions, LLC / Ricky Kalmon applications offers an “in-app” purchase option which will unlock features within the application.  Payments are processed through the Apple iTunes Store using the users Apple ID. This subscription may be cancelled at any time by accessing the users account in their App Store settings.
All amounts are payable and charged: (i) for one-off purchase (e.g. lifetime Subscription), at the time you place your order; and (ii) For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at info@rickykalmon.com  If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.

Kalmon Productions, LLC and Ricky Kalmon (a) does not make any warranty, express or implied, with respect to the use of the information provided or made available; (b) does not guarantee the accuracy, completeness, usefulness or adequacy of any information accessed via Kalmon Productions, LLC and Ricky Kalmon; and, (c) is not responsible for any errors or omissions in the information accessed via Kalmon Productions, LLC and Ricky Kalmon or for the results obtained from the use of such information.

GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the app through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this app is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this app is at your own risk.

MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

PERSONAL INFORMATION
Your submission of personal information through the mobile application, store and or site is governed by our Privacy Policy. To view our Privacy Policy, visit  https://rickykalmon.com/privacy

ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the app or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the app is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Kalmon Productions, LLC / Ricky Kalmon, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kalmon Productions, LLC / Ricky Kalmlon and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our app.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service  constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws Atlanta, GA, United States.

Any specific reference by name, trade name, trademark, or otherwise to any party does not necessarily constitute or imply its endorsement of the use of such information by Kalmon Productions, LLC and Ricky Kalmon.

Contacting Kalmon Productions, LLC and Ricky Kalmon
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, please support@rickykalmon.com
Kalmon Productions, LLC and Ricky Kalmon 
https://rickykalmon.com