Terms of Use

These Terms and Conditions of Use (“Agreement”) is a legal agreement between User (hereinafter referred to as “You”,”Your”) and Jordan Kiefer, LLC D/B/A Fables of the Midnight Moon (hereinafter referred to as “Website Owner, the Company, We, or Our”), the owner and developer of www.fablesofthemidnightmoon.com. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Fables of the Midnight Moon, including any content, functionality and services offered on or through www.fablesofthemidnightmoon.com (the “Website”), whether as a guest or a registered user.

Your participation in the use of this website is conditional on your acceptance of the terms and conditions and privacy policy contained in this Agreement.

The WEBSITE OWNER RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

All website users must be at least 16 years old. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Fables of the Midnight Moon and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Privacy Policy

Your use of the Website is also subject to Fables of the Midnight Moon’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

Accuracy and Personal Responsibility

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither Fables of the Midnight Moon nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available on this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

For Educational and Informational Purposes Only

As set forth more fully in the Disclaimer, the information contained on this Website and the resources available through this Website are for educational and informational purposes only. The information contained on this Website and the resources available through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

Links to Third Party Websites and Services

The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of Fables of the Midnight Moon and We are not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. Fables of the Midnight Moon is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fables of the Midnight Moon of the Website or any association with its operators.

Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that Fables of the Midnight Moon may share such information and data with any third party with whom Fables of the Midnight Moon has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

Email and Other Electronic Communications

Visiting the Website or sending emails to Fables of the Midnight Moon constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to Fables of the Midnight Moon. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

Use of Free Downloadable Content

Fables of the Midnight Moon provides various resources on this Website, which users may access by providing an e-mail address. Fables of the Midnight Moon grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freebies”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.

By downloading the freebies, you agree that the Freebies you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Fables of the Midnight Moon.

By downloading the freebies, you further agree that you shall not create any derivative work based upon the freebie and you shall not offer any competing products or services based upon any information contained in the Freebies.

Guests

Fables of the Midnight Moon may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. Fables of the Midnight Moon does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

No Warranties

Fables of the Midnight Moon makes no warranties regarding the performance or operation of this Website. Fables of the Midnight Moon further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this Website. To the fullest extent permissible under the law, Fables of the Midnight Moon disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitations of Liability and Indemnification

By using any products and/or services provided by Fables of the Midnight Moon, you agree that in no event will Fables of the Midnight Moon, its and their officers, employees, agents, affiliates, licensees, and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your access to the website and using any of the purchases.

Your sole remedy for any breach or default of this Agreement by Fables of the Midnight Moon, shall be a return of the fees paid to Fables of the Midnight Moon for any purchases provided under this Agreement.

You indemnify and agree to defend and hold harmless Fables of the Midnight Moon, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of Fables of the Midnight Moon including any breach by you of the Terms contained in this Agreement.

International Users

The Service is controlled, operated and administered by Fables of the Midnight Moon from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Fables of the Midnight Moon’s Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

No Joint Venture or Other Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fables of the Midnight Moon as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Termination and Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Fables of the Midnight Moon to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and Fables of the Midnight Moon (including, but not limited to, any prior versions of the Terms of Service).

Entire Agreement

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Contact Us

Fables of the Midnight Moon welcomes your questions or comments regarding the Terms:

Email Address: fablesofthemidnightmoon@gmail.com

Disclaimers

Your use of the Website is also subject to Fables of the Midnight Moon’s Disclaimer. Please review Our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

Disclaimer

We make no express or implied warranties or representations with respect to the Company or any products sold through the Company (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of this Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.

NOT PROFESSIONAL ADVICE
The information contained on this Website is not intended as, and shall not be understood or construed as, professional advice. While the employees and/or owners of the Company are professionals and the information provided on this Website relates to issues within the Company’s area of professionalism, the information contained on this Website is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.

We have done Our best to ensure that the information provided on this Website is accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that You should not consult with a professional to address your particular information. The Company expressly recommends that You seek advice from a professional.

Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this website or for any damage You may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

Testimonials Disclaimer

In accordance with Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising concerning the use of endorsements and testimonials in advertising, please be aware of the following:

Testimonials appearing on this website are received in various forms via a variety of submission methods.

The testimonials, statements, and opinions presented on www.fablesofthemidnightmoon.com are applicable to the individuals who wrote it. Results vary and may not be representative of the experience of others. The testimonials are voluntarily provided and are not paid, nor were they provided with free products or services, or any benefits in exchange for their statements.

The testimonials are representative of the customer’s experiences but the exact results will be unique and individual to each customer. The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information that is of no relevance to the general public.

Earnings Disclaimer

We make no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through Our communications or your participation in the purchase of any of our products. Past results are not an indication or promise of your results. Therefore, We cannot guarantee Your success merely upon access or purchase to Our offering(s) or related material(s).

Comments Disclosure

Fables of the Midnight Moon welcomes comments on blog posts. All comments submitted to www.fablesofthemidnightmoon.com are the opinions of the author and do not necessarily reflect or represent the views, policies or positions of Fables of the Midnight Moon. We reserve the right to use its own discretion when determining whether or not to remove offensive comments or images.

Omissions, Errors, or Mistakes Disclaimer

All information on this website is accurate and true to the best of Fables of the Midnight Moon’s knowledge, but that there may be omissions, errors or mistakes. Fables of the Midnight Moon is not liable for any damages due to any errors or omissions on the website, delay or denial of any products, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures or misuse of information or products.

Reviews Disclosure

At various times, We may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review. Regardless of any such discounts, We will provide honest reviews of these products and/or services. You recognize that You should conduct your own due diligence and should not rely solely on any reviews provided on this website.

We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to fablesofthemidnightmoon@gmail.com that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts We received in association with any such review.