Kicking Sugar + Carb Addiction Privacy Policy, Terms of Service, and Disclaimer

PRIVACY POLICY 

WHO I AM

Kicking Sugar + Carb Addiction, Good Witch Kitchen, and Kristen Ciccolini are all about feeling better. And part of that? Means being better about maintaining your trust and confidence when you come to my lovely little website. I (note there’s no royal we going on here…it’s just me) want you to know that I will never sell, rent, or trade email lists with other companies or businesses (no matter how awesome they might be) for marketing purposes. But, just in case you don’t know, like, or trust me just yet, I’ve put together this Privacy Policy that’s got a lot of detail about how I collect your personal information, how I use it, the (very) limited conditions under which I might disclose it to others, and how I keep it safe and sound.

TYPES OF DATA I COLLECT

All right, here’s the type of info this website might be collecting and what it means for you.

Cookies

Like most websites, this one uses cookies to collect information, like browsing and purchasing behavior. (A cookie, in this case, is nothing edible – sadly – but rather a small text file with info that a website transfers over to your computer’s hard drive to help me analyze site traffic patterns.) Cookies don’t give me access to your computer or to information above any beyond what you choose to share with me. 

Most web browsers default to accepting cookies (much like my default is to accept actual cookies), but you can change those settings if you want. Google away to find the easiest way to deny, deny, deny cookies. You can totally still browse around my site if you’ve disabled cookies, by the way.

Google Analytics

When you come to my corner of the web, I use a third-party service, the all-powerful Google Analytics, to collect pretty standard, run-of-the-mill internet log information and visitor behavior patterns. Why? To wrap my head around who’s visiting what parts of my site, the most popular content, how long you spend poring through the blog… This information is only processed in a way that NEVER EVER attempts to figure out who you are. I don’t make or allow Google to make any attempt to figure out who’s visiting my website.

Mailing Lists

If I’m lucky enough to have you sign up for my handy dandy newsletter, you should know I do collect some personal information. Like when you signed up, where you signed up, and, of course, your email address and name. I do this for a few (very logical, totally legit) reasons: to keep you in the loop about stuff I’m pretty sure you’d like to know about, to get in touch if I need some additional info from you, to make sure my records are up-to-par, and to make sure you’re a happy camper. I would NEVER rent or trade email lists with other organizations or businesses.

I use MailChimp, a third-party provider, to deliver my newsletter from here to your inbox. (And I’m so thankful to land there, by the way.) MailChimp helps me understand what emails you’re opening and what you’re clicking on (both pretty standard practices, FYI) to help me keep tabs on and improve my newsletter. For more information, head on over to MailChimp’s privacy notice.

Of utmost importance: You can totally unsubscribe to the newsletter any time by clicking on the unsubscribe link at the bottom of any email I’ve sent you or by emailing me directly at kristen@goodwitchkitchen.net

Scheduling + Payment Processing

I use third-party scheduling software, Practice Better, to keep my calendar humming along. When you schedule an appointment with me through my calendar, some personal information is collected, like your name, email address, and phone number (so I can call you for our meeting, of course). Submitting your information through Practice Better does not mean I’m just gonna go ahead and add you to my newsletter list nor does it mean I’m going to eagerly add to you to my contact list on my trusty iPhone. This information is only used for appointment purposes and is stored within Practice Better. You can also submit payments through Practice Better and/or Thinkific when scheduling an appointment. I never see your payment information, aside from that you ACTUALLY paid, which is important ‘cuz ain’t nothing for free. For more info on Practice Better’s privacy policies, click on over here. View Thinkific’s privacy policy here.

Payment Processing

From time to time, I may use PayPal, Stripe, or Square to process payments, too. Just like with Practice Better, I don’t see any of your personal information – only that you paid, which makes me happy – nor do I just grab your email address and take that as permission to start emailing you all the time. Not a chance. If you wanna get more familiar with PayPal’s privacy policy, dive in over here.

Other third-party software around these parts: Google Drive, including Docs, Sheets, Forms, and all that jazz,. You can check out their privacy policies right here.

LINKS TO OTHER WEBSITES

From time to time, I link to other websites, whether it’s some information that relates to what I’m talking about or a product or service I freakin’ love. I know you know this, but I have no control over those sites, only this one here. So that means I’m not responsible for what those sites do with your information, nor am I responsible for what Thinkific does with it, which is the teaching platform where your course is located. Best to check their privacy policies if you’ve got any concerns.

CHILDREN AND PRIVACY

There’s no explicit content here (unless you count some crude language, which I guess does count now that I think about it), but children under 13 still need to get permission from their parents, guardians, or watchdogs to opt-in. But…this site is really geared toward grown-ups who have professional, important-type jobs so I’m not sure how many tweens are browsing around.

ACCESS TO YOUR PERSONAL INFORMATION

Your personal data is yours – always and forever. You 1000% have the right to view, make changes to, or totally delete any personal information I have. If this sounds like something you’d like to do, just shoot me an email at kristen@goodwitchkitchen.net and I’ll take care of it ASAP.

CHANGES TO THIS PRIVACY POLICY

This privacy policy changes from time to time, and I review it as needed to make sure I cover my ass. CYA except CMA, you know? This policy was last updated on January 7, 2019.

BY VISITING WWW.GOODWITCHKITCHEN.NET or GOODWITCHKITCHEN.THINKIFIC.COM, YOU ARE CONSENTING TO MY TERMS AND CONDITIONS.

OVERVIEW

The terms “I,” “we,” “us,” and “our” refer to KRISTEN CICCOLINI. The term the “Site” refers to WWW.GOODWITCHKITCHEN.NET and GOODWITCHKITCHEN.THINKIFIC.NET. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

I PROVIDE A BLOG, DIGITAL PRODUCTS FOR SALE, SERVICES FOR SALE (the “Service”).

Use of the Site, including all materials presented herein and all online services provided by KRISTEN CICCOLINI, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to health, healing, and wellbeing and other information are subject to change. KRISTEN CICCOLINI makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. KRISTEN CICCOLINI disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself, including your name, email address, username, and password, and other personal information. You agree that any registration information you give to KRISTEN CICCOLINI will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

CANCELLATIONS, REFUNDS & RETURNS

REFUND POLICY: ALL SERVICES AND PRODUCTS ARE NON-REFUNDABLE. ALL SALES ARE FINAL.

PRODUCT DESCRIPTION

I endeavor to describe and display the Service as accurately as possible. While I try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, I may correct errors in pricing and descriptions. I reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post, or otherwise make available on the Site any information, artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

I claim no intellectual property rights over the material you supply to KRISTEN CICCOLINI. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to KRISTEN CICCOLINI remains yours to the extent that you have any legal claims therein. You agree to hold KRISTEN CICCOLINI harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant me a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by KRISTEN CICCOLINI, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

I may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by me posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. I reserve the right to update any portion of my Site and Service, including these Terms and Conditions, at any time. I will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL I BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, KRISTEN CICCOLINI IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF KRISTEN CICCOLINI HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, MY LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL KRISTEN CICCOLINI’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM KRISTEN CICCOLINI, AND IF NO PURCHASE HAS BEEN MADE BY YOU KRISTEN CICCOLINI’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD-PARTY RESOURCES

The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that I am not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with KRISTEN CICCOLINI. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold me harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide me with such assistance, without charge, as I may request in connection with any such defense, including, without limitation, providing me with such information, documents, records, and reasonable access to you, as I deem necessary. You shall not settle any third party claim or waive any defense without my prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and KRISTEN CICCOLINI pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by KRISTEN CICCOLINI shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by KRISTEN CICCOLINI.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Kristen Ciccolini, kristen@goodwitchkitchen.net

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Massachusetts as applied to contracts that are executed and performed entirely in the United States. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

P.S. The information in Kicking Sugar + Carb Addiction and on GOODWITCHKITCHEN.NET is being provided to you for educational and informational purposes only. It is being provided to you to educate you about health and wellness, and as a self-help tool for your own use. It should not be interpreted as medical advice. Though the information presented here is based on scientific studies, personal experience, or traditional usage, the information may not be applicable or helpful for all individuals. Consult your doctor, practitioner, and/or pharmacist for any health problem and before using any supplements or before making any changes in prescribed medications. This information is to be used at your own risk based on your own judgment. 

Updated: January 2019