Privacy Policy and Terms of Use

/Privacy & Terms
Privacy & Terms2018-06-26T12:22:18+00:00

Privacy Policy

This website is owned and operated by Michael Kiehm, LLC. We are committed to protecting the privacy of our visitors while they interact with the content, products and services on this site (the “Site”). This Privacy Policy applies to the Site only. It does not apply to other websites to which we link. Because we gather certain types of information about our users, we want you to understand what information we collect about you, how we collect it, how that information is used, and how you can control our disclosure of it. You agree that your use of the Site signifies your assent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the Site.

Personal Data

The Site does not require you to disclose your personal data. It may be that you are required to provide your personal data in order to better meet your needs, for example, to establish a correspondence, to respond to a request, to purchase a video or subscription, etc. “Personal data” may include your name, addresses, telephone number, email addresses, and other specific information such as a user name, password, or account information.

Collection of Personal Data

The Site will collect your personal data with precise, explicit, and legitimate goals. It will not treat this data in a way that is incompatible with these goals. The Site is committed to collecting only the information that is adequate, relevant, and non-excessive, taking into consideration the goal for which it is collected. The Site will take all reasonable measures to ensure that the personal data collected is accurate.

Use of Personal Data

The Site uses your personal data within the strict limits of the goals for which it was collected. As an example, the Site may use your personal data to:

  • Provide you with information on its products and services;
  • Carry out and follow your transactions;
  • Allow you to take part in the interactive aspects of its site; and
  • Communicate, develop, and trade with you.

The Site is committed to not using your personal data without your prior consent.

Recipients of Your Personal Data

The recipients of your personal data are limited exclusively to the people who have a business need to know. The Site may share your personal data with third party suppliers or service providers. These suppliers and service providers are contractually obligated to keep your personal data confidential and secure, and they are required to use your personal data only for the needs for the services that were entrusted to them. The Site will not sell or rent your personal data to third parties without your consent, except pursuant to a court order, to comply with applicable law, or to protect the rights and the goods of the Site.

Shelf Life

The Site will not preserve your personal data any longer than it is necessary to achieve the goals for which it was collected or for the time period required by law.

Right of Access, Modification, or Deletion

You can ask the Site for access to your personal data in its possession, and you may modify or delete this data. To exercise these rights, please contact the Site owner by clicking HERE.

Data Security

The Site has established measures to ensure the confidentiality, safety and integrity of its systems containing your personal data. The access to the personal data is restricted to those with a business need to know and who are required to observe these rules. On the Site, the collection of any banking coordinates will be carried out within the framework of effective processes of security of the payments. These measurements can consist of encryption during the collection or transfer of confidential data. The Site takes care to ensure that your personal data is not altered, damaged or misused.

Cookies

The Site collects data relating to how you use our Internet sites to improve our service to visitors and users of these sites through the use of cookies, which are files that your Internet navigator places on your hard disk when you visit a site. The cookies do not make it possible to identify you personally. The recorded data can be information such as which pages you consulted, the date and time of such consultation, and other tracking information. You can parameterize your navigator so that it informs you of the presence of cookies and provides you with the option of accepting the cookies. You can also parameterize your navigator to decontaminate the cookies.

International Transfers of Personal Data

The Site offers its products and services on an international basis. As a result, the Site can transfer your personal data to its external partners located outside of your home country. We do not transmit your personal data to third party companies who do not meet the requirements of the European Union’s General Data Protection Regulation (GDPR).

Interactive Services

The Site contains interactive functions. You can, if you wish it, use these interactive functions by filling a form with inscription. This form requires you to disclose certain personal data. This personal data is collected with an aim of improving the interactive services and of meeting your needs. The users registered with these services can have access to the information provided at the time of the inscription, and they have the right to modify or destroy the information provided at any time.

Minors

The Site Internet sites are generally not intended for minors (less than eighteen (18) years of age). If you are a minor, we encourage you not to transmit personal information without the authorization of your parents.

Links to Third Party Sites

The Site Internet sites can include hyperlinks to third party sites. The Site does not control these sites and thus cannot be held responsible for their practices relating to the confidentiality and security of your personal data. We invite you to review those sites’ privacy policies before using them or providing them with your personal data.

Trademark and Copyright Notice

Please consult our Terms of Use (see below) for further information.

Consent to This Privacy Policy

By using this website, you signify your assent to this Privacy Policy. If you do not agree with any term in this Policy, please do not use this site or submit any personally identifiable information.

Contact Information

If you have any questions or concerns regarding this Privacy Policy please contact the Site owner by clicking HERE.

Amendments

This Policy became effective on June 1, 2018. Any amendments will be posted at this URL and will be effective when posted.

Terms of Use

Michael Kiehm, LLC maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the MichaelKiehm.com website (the “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Site.

A. TERMS APPLICABLE TO ALL USERS

1. Overview

YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE. For users who are not registered with the Site, your use of the Site will be deemed to be acceptance of the Terms of Use, Section A. For users who are registered with the Site, your use of the Site shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users. IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITE.

2. Changes To Terms

The Site may, at any time, for any reason and without notice, make changes to (i) the Site, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Site. Therefore, each time you access the Site, you need to review the Terms of Use upon which access and use of the Site is conditioned. By your continuing use of the Site after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction

The Site is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on the Site. The Site makes no representation that the information, opinions, advice or other content on the Site (collectively, “Content”) is appropriate or that its products and services are universally available outside of the United States. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use and User E-Mail

You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of the Site for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on the Site, or the design or layout of the Site or individual sections of it, in any form or media. The systematic retrieval of data from the Site is also prohibited.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy (see above). You agree not to submit or transmit any e-mails or materials through the Site that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. Michael Kiehm, LLC shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Site without the prior written consent of Michael Kiehm, LLC is strictly prohibited.

5. Copyrights and Trademarks

The materials on the Site, as well as the organization and layout of the Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Site solely for your personal and non-commercial use; however, any print out of the Site, or portions of the Site, must include Michael Kiehm, LLC’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of the Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from the Site without the prior written permission of Michael Kiehm, LLC. Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate the Site without the prior written permission of Michael Kiehm, LLC. You may not use a part of the Site on any other Website, without Michael Kiehm, LLC’s prior written consent.

6. Links

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, the Site does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to the Site and the products and services the Site offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. the Site reserves the right to terminate any link or linking program at any time. the Site disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

7. No Unlawful Or Prohibited Use

As a condition of your use of the Site, you warrant to Michael Kiehm, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

8. Spamming

Gathering email addresses from the Site through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with Michael Kiehm, LLC should contact the Site owner by clicking HERE.

9. No Warranties

THE SITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH MICHAEL KIEHM, LLC, EXPRESSLY DISCLAIMS. MICHAEL KIEHM, LLC DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND MICHAEL KIEHM, LLC WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. MICHAEL KIEHM, LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE SITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY MICHAEL KIEHM, LLC. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of South Carolina USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

11. Separate Agreements

You may have other agreements with Michael Kiehm, LLC. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Michael Kiehm, LLC.

12. DMCA Copyright Policy and Copyright Agent

Michael Kiehm, LLC respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

  • (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • (ii) Identification of the copyrighted work claimed to have been infringed.
  • (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
  • (iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
  • (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Site’s Copyright Agent can be reached at:
Attn: President
Michael Kiehm, LLC
5661 Riverfront Road
Clover SC 29710
619-251-9763
mkiehm17@gmail.com

13. No Professional Advice

Information available on the Site is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

14. Users Disputes

You are solely responsible for your interactions with other users. the Site reserves the right, but has no obligation, to monitor disputes between you and other users.

15. User Submissions And Communications; Public Areas:

You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Michael Kiehm, LLC or its affiliates for all claims resulting from content you supply. If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to the Site by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Michael Kiehm, LLC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Michael Kiehm, LLC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to the Site by email. We try to answer every email in a timely manner, but are not always able to do so. Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. the Site has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

The Site reserves the right (but is not obligated) to do any or all of the following:

  • Record the dialogue in public chat rooms.
  • Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  • Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.
  • Terminate a Member’s access to any or all Public Areas and/or the Site upon any breach of these Terms of Use.
  • Monitor, edit, or disclose any communication in the Public Areas.
  • Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

The Site reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Michael Kiehm, LLC has no liability or responsibility to users of the Michael Kiehm, LLC Website or any other person or entity for performance or nonperformance of the aforementioned activities.

16. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Michael Kiehm, LLC confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Clover, South Carolina USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

17. Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. MICHAEL KIEHM, LLC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF MICHAEL KIEHM, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY MICHAEL KIEHM, LLC SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

18. Indemnity

You agree to defend, indemnify, and hold Michael Kiehm, LLC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

19. Accounts And Security

Michael Kiehm, LLC does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components. As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide the Site with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You may not:

  • select or use a Login Name of another person with the intent to impersonate that person;
  • use a name subject to the rights of any other person without authorization;
  • use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.

You shall notify the Site of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at the Site’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us by clicking HERE.