TERMS OF USE & WEBSITE TERMS AND CONDITIONS
www.rashandamckenna.com
A Website Owned by Rashanda Michelle Mc Kenna
Operated and Managed by XaasTech LLC
Last Updated: 20 February 2026
1. INTRODUCTION
These Terms of Use ("Terms") govern your access to and use of www.rashandamckenna.com (the "Site"). These Terms apply to all visitors, users, members, and customers who access the Site for any purpose.
By accessing, browsing, creating an account on, making a purchase from, or otherwise using the Site, you acknowledge and agree that:
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You have read, understood, and accept these Terms in full;
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You have the legal capacity to enter into a binding agreement;
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You agree to comply with all terms set forth herein.
If you do not agree to these Terms, you must immediately cease using the Site.
Where you create an account, click "I agree," complete a purchase, or otherwise submit information through the Site, such action constitutes your electronic acceptance of these Terms, forming a binding agreement between you and the parties defined in Section 2 below.
These Terms apply in addition to, and incorporate by reference, our Privacy & Cookies Policy and any additional terms that may apply to specific products, services, or promotions. In the event of any conflict between these Terms and any additional terms presented at the point of purchase, the additional terms shall prevail with respect to that specific transaction only.
Nothing in these Terms excludes or limits any mandatory consumer protection rights you may have under applicable law in your jurisdiction of residence.
2. SITE OWNERSHIP & OPERATION
2.1 Site Ownership
The Site, www.rashandamckenna.com, including its domain name, brand identity, and all content published thereon, is owned by Rashanda Michelle Mc Kenna ("Owner"). The Owner is the sole and exclusive author and creator of the literary, artistic, and intellectual works featured on the Site.
2.2 Commercial Operation
The commercial operations of the Site, including but not limited to payment processing, order fulfilment, customer service, account management, technical maintenance, and third-party distribution coordination, are managed and administered by XaasTech LLC ("Company", "we", "us", "our"), a limited liability company formed in Wyoming, USA. XaasTech LLC acts as the authorized project manager and commercial agent on behalf of the Owner.
2.3 Roles Defined
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Rashanda Michelle Mc Kenna is the Owner of all Content and the principal of the brand.
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XaasTech LLC is the legal entity responsible for operating, maintaining, and administering the Site; managing member accounts; processing and administering payments made directly through the Site; delivering or facilitating delivery of products; coordinating fulfilment arrangements; managing third-party distribution relationships; and enforcing these Terms on behalf of the Owner.
2.4 Governing Law
XaasTech LLC is organized under the laws of the State of Wyoming, USA. These Terms and the operation of the Site are governed by the laws of the State of Wyoming, without regard to its conflict of law principles, except where mandatory consumer protection laws of your jurisdiction provide otherwise.
2.5 Contractual Relationship
All purchases, subscriptions, or transactions completed directly through the Site form a legally binding contract between you and XaasTech LLC, acting as authorized agent for the Owner. Where payment processing services are provided by third-party processors (including but not limited to Stripe, PayPal, or similar providers), such processors act solely as payment intermediaries and do not become a party to the contract of sale.
Where products are distributed through third-party retail or marketplace platforms (including Amazon, Barnes & Noble, Audible, Spotify, or similar services), the contractual relationship for those specific transactions shall be between you and the relevant third-party platform, as further described in Section 6.
2.6 No Partnership
Nothing in these Terms creates any partnership, joint venture, agency (except as expressly stated herein), employment, or fiduciary relationship between you and the Company or Owner beyond the contractual relationship established by your use of the Site.
3. MEMBER ACCOUNTS
3.1 Account Registration
To access certain features of the Site, including digital downloads, purchase history, subscription services, and secure member areas, you may be required to create a registered member account ("Account").
By creating an Account, you represent and warrant that:
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All information provided during registration is accurate, complete, and current;
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You will promptly update any information that becomes inaccurate or outdated;
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You have the legal capacity to enter into a binding agreement;
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Your use of the Site does not violate any applicable law.
We reserve the right, at our sole discretion, to refuse account registration, require additional verification, or decline to provide services to any person or entity.
3.2 Account Credentials and Responsibility
You are solely responsible for:
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Maintaining the confidentiality of your login credentials (including username and password);
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Restricting access to your Account;
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All activity that occurs under your Account, whether authorized by you or not.
You agree to notify us immediately of any unauthorized access, suspected breach of security, or misuse of your Account. We are not liable for any loss, damage, or unauthorized transactions arising from your failure to safeguard your credentials, sharing of login information with third parties, negligent account security practices, or failure to promptly notify us of unauthorized use.
We reserve the right to require password resets, suspend access, or implement additional verification procedures where security concerns arise.
3.3 Age and Eligibility
You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (whichever is greater), to create an Account or make purchases through the Site. By creating an Account, you represent and warrant that you meet this eligibility requirement. If we discover that an Account has been created by a person who does not meet this requirement, we reserve the right to terminate such Account immediately.
3.4 Prohibited Account Conduct
You agree not to:
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Create multiple accounts for the purpose of circumventing restrictions or obtaining additional benefits;
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Use another person's identity or provide false or misleading registration information;
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Share access to paid digital products beyond your personal use license;
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Engage in fraudulent transactions or chargeback abuse;
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Use automated systems, bots, or scripts to access account-restricted areas;
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Attempt to circumvent account suspensions or terminations.
Violation of this section may result in immediate suspension or termination of your Account without notice.
3.5 Suspension and Termination
We reserve the right, in our sole discretion and without prior notice, to suspend, restrict, or terminate your Account if:
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You breach these Terms;
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Fraudulent or suspicious activity is detected;
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Improper, fraudulent, or abusive chargebacks are initiated;
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You violate intellectual property restrictions;
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You misuse digital content or share access credentials beyond permitted limits;
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We are required to do so by law or regulatory authority.
Termination of your Account may result in:
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Revocation of access to digital products;
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Cancellation of subscriptions;
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Blocking of future purchases;
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Retention of transaction records as required by law.
Where required by applicable consumer protection law, termination will not affect rights already accrued prior to the effective date of termination.
4. PAYMENTS AND TRANSACTIONS
4.1 Payment Processing and Merchant of Record
For purchases made directly through the Site, XaasTech LLC acts as the merchant of record and authorized payment agent for the Owner. Payments are processed by us or our authorized third-party payment processors, including but not limited to Stripe (https://www.stripe.com) and PayPal (https://www.paypal.com).
Where XaasTech LLC acts as merchant of record, the transaction will appear on your billing statement under a descriptor associated with XaasTech LLC or its authorized processing partners. Where third-party processors are used, such processors act solely as independent financial intermediaries facilitating payment on behalf of the Company. They do not become a party to the underlying contract of sale between you and the Company. Your use of such payment processors may also be subject to their independent terms of service and privacy policies.
4.2 Payment Authorization
By submitting payment information through the Site, you represent and warrant that:
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You are legally authorized to use the payment method provided;
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The payment information supplied is accurate and complete;
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The funds or credit available are sufficient to complete the transaction.
You authorize the Company and/or its authorized payment processors to charge your selected payment method for:
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The full purchase price;
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Applicable taxes;
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Shipping or handling fees (where applicable);
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Subscription fees (if applicable);
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Any other amounts clearly disclosed at checkout.
This authorization remains valid until the transaction is fully satisfied or, in the case of subscriptions, until cancelled in accordance with these Terms.
4.3 Currency and Pricing
All prices displayed on the Site are shown in the currency indicated at checkout. You acknowledge that currency conversion fees may apply if your payment method is denominated in a different currency, and your financial institution may apply additional charges. We are not responsible for exchange rate fluctuations or third-party banking fees.
We reserve the right to modify pricing at any time prior to acceptance of your order.
4.4 Taxes and Duties
You are responsible for any applicable:
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Sales tax;
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Value-added tax (VAT);
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Goods and services tax (GST);
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Import duties;
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Withholding taxes;
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Other governmental levies,
unless otherwise expressly stated at checkout. Where required by law, we may collect and remit applicable taxes.
4.5 Failed or Rejected Payments
If a payment is declined, reversed, or fails for any reason:
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We may suspend or cancel the associated order;
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We may restrict access to digital products;
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We may require an alternative payment method;
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For subscription services (if applicable), failure to process recurring payments may result in automatic suspension or termination of access.
4.6 Fraud Prevention and Verification
We reserve the right to:
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Conduct fraud screening;
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Require identity verification;
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Limit order quantities;
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Refuse or cancel transactions at our discretion.
Where fraud is suspected, we may report relevant information to financial institutions or regulatory authorities as permitted by law.
4.7 Refunds
Refunds for purchases made directly through the Site are subject to:
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The Digital Products section of these Terms (Section 5);
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Applicable consumer protection laws;
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The policies of third-party fulfilment platforms where purchases occur outside the Site.
Refunds will be processed to the original payment method unless otherwise required by law. Processing times may vary depending on your financial institution.
4.8 Chargebacks and Payment Disputes
You agree to contact us directly to resolve any payment concerns before initiating a chargeback with your financial institution. Improper, fraudulent, or abusive chargebacks may result in:
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Immediate Account suspension;
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Revocation of digital access;
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Recovery action for associated fees and losses, including administrative fees;
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Submission of transaction evidence to payment processors and financial institutions to contest illegitimate disputes.
We reserve the right to dispute illegitimate chargebacks and pursue all available legal remedies.
4.9 Subscription Billing (If Applicable)
Where subscription services are offered:
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Fees may be billed on a recurring basis (monthly, annually, or as otherwise disclosed);
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You authorize automatic charges until cancellation;
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You may cancel prior to the next billing cycle in accordance with the cancellation policy;
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Cancellation does not retroactively refund prior billing periods unless required by law;
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Upon cancellation, access to subscription content will continue until the end of the current billing period and will not renew.
4.10 Payment Security
We do not store full payment card details on our servers unless expressly disclosed. Payment information is processed through secure, PCI-compliant third-party providers. While we implement reasonable security measures, we cannot guarantee absolute security of electronic transmissions.
5. DIGITAL PRODUCTS
5.1 Definition of Digital Products
For the purposes of these Terms, "Digital Products" include, without limitation:
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eBooks and electronic publications;
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Downloadable PDF materials, templates, worksheets, and workbooks;
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Audiobooks and audio recordings;
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Online courses, programs, and recorded trainings;
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Digital toolkits and structured frameworks;
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Members-only digital content;
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Any other content delivered electronically or accessed through a secured member portal.
SPECIAL NOTE REGARDING EBOOKS: Full-length eBooks authored by Rashanda Michelle Mc Kenna are not available for direct download from this Site. They are provided for your convenience via links to third-party platforms such as Amazon Kindle, Apple Books, Barnes & Noble Nook, and other authorized retailers. Your purchase, access, and use of eBooks on those platforms are governed exclusively by those platforms' terms of service.
5.2 Delivery and Access
Digital Products available directly through this Site are delivered electronically and are deemed delivered when:
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A download link is provided;
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Access credentials are issued;
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The product becomes available within your Account;
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Streaming access is enabled;
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The product is delivered via email.
You are responsible for:
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Providing a valid email address;
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Maintaining accurate account information;
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Ensuring your device and internet connection meet minimum technical requirements;
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Checking your spam or junk mail folders for delivery emails.
We are not responsible for delivery failures caused by incorrect email addresses, spam filters, technical incompatibility, or user error.
5.3 License Grant
Upon valid purchase of a Digital Product available directly through this Site, you are granted a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Digital Product solely for your individual, non-commercial use. This license does not grant you ownership of the Digital Product. All ownership rights remain solely vested in Rashanda Michelle Mc Kenna.
You may not:
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Reproduce, redistribute, or resell Digital Products;
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Share login credentials or provide access to any third party;
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Upload materials to shared drives, file-sharing networks, or public platforms;
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Record, duplicate, or extract structured methodologies;
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Use materials in paid consulting, corporate training, or commercial settings without written authorization from the Owner;
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Modify, adapt, translate, or create derivative works;
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Use any portion of the Digital Product to train, develop, or improve artificial intelligence systems, machine learning models, or similar technologies;
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Remove, alter, or obscure any copyright notices or proprietary legends.
Any unauthorized use constitutes a material breach of these Terms and may result in immediate termination of access and legal action.
5.4 Access Duration
Unless otherwise stated at the time of purchase:
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Downloadable Digital Products are provided for permanent personal use, subject to the license restrictions herein;
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Streaming or portal-based access may be time-limited as specified at checkout;
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Access may be tied to an active subscription (if applicable).
We reserve the right to modify platform infrastructure, provided that access to purchased content is not materially impaired except where required by law or due to security or compliance reasons.
5.5 Revocation of Access
We reserve the right to suspend or revoke access to Digital Products where:
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Fraud or chargeback abuse is detected;
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Login credentials are shared in violation of these Terms;
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Intellectual property violations occur;
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A material breach of these Terms is identified.
Revocation shall not entitle you to a refund where legally permitted.
5.6 Refund Policy for Digital Products
Due to the immediate nature of digital content delivery, all sales of Digital Products available directly through this Site are final and non-refundable once delivery has occurred. Delivery occurs when:
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A download link has been accessed or made available;
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Access credentials have been issued;
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Streaming access has been enabled;
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The product has been sent via email.
Exceptions may apply only where required by mandatory consumer protection laws in your jurisdiction. Nothing in this section limits statutory rights that cannot legally be excluded.
5.7 Technical Limitations
We do not guarantee that Digital Products will be compatible with every device, operating system, or third-party software. You are responsible for ensuring compatibility prior to purchase. We are not liable for:
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Internet connectivity issues;
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Device malfunctions;
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Third-party hosting platform outages;
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Data loss resulting from user negligence;
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Failure to download or access due to insufficient storage or technical specifications.
5.8 Intellectual Property Protection
All Digital Products are protected by international copyright laws and treaties. The Owner, Rashanda Michelle Mc Kenna, retains all rights, title, and interest in and to the Digital Products. Unauthorized distribution, file sharing, piracy, or commercial exploitation may result in immediate termination of Account access, legal action, and recovery of damages and associated costs.
6. PHYSICAL PRODUCTS & THIRD-PARTY FULFILMENT
6.1 Physical Products
"Physical Products" include printed books, special editions, signed copies (where offered), bundled merchandise, or other tangible goods made available through the Site. Physical Products may be:
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Sold directly through the Site; or
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Distributed, printed, or fulfilled through authorized third-party platforms and retailers.
6.2 Direct Purchases Through the Site
Where Physical Products are purchased directly through the Site:
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The contract of sale is between you and XaasTech LLC, acting as authorized agent for the Owner;
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Pricing, payment, shipping terms, and returns are governed by these Terms and any applicable Shipping & Returns Policy posted on the Site;
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Shipping timelines provided are estimates only and not guaranteed delivery dates;
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Risk of loss and title to Physical Products pass to you in accordance with applicable law and the selected shipping method.
We are not liable for delays caused by:
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Shipping carriers;
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Customs processing;
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Force majeure events (as defined in Section 13);
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Incorrect shipping information provided by you.
6.3 Third-Party Distribution and Marketplace Platforms
Certain Physical Products and digital editions may be distributed, printed, fulfilled, or sold through third-party platforms, including but not limited to:
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Amazon – https://www.amazon.com
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Kindle Direct Publishing – https://kdp.amazon.com
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Audible – https://www.audible.com
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Barnes & Noble – https://www.barnesandnoble.com
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Apple Books – https://www.apple.com/apple-books
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Spotify – https://www.spotify.com
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IngramSpark – https://www.ingramspark.com
(collectively, "Third-Party Platforms").
6.4 Transactions Completed on Third-Party Platforms
Where you complete a purchase on a Third-Party Platform:
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The contract of sale is between you and that Third-Party Platform (or its designated seller);
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The Third-Party Platform's own terms of service, refund policies, return policies, delivery standards, and consumer protections govern the transaction exclusively;
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Payment processing, fulfilment, shipping timelines, cancellations, and refund determinations are controlled by that platform;
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XaasTech LLC is not the merchant of record for transactions completed on Third-Party Platforms unless expressly stated otherwise on the platform.
6.5 No Control Over Third-Party Operations
We do not control and are not responsible for:
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Pricing decisions made by Third-Party Platforms;
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Stock availability;
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Print-on-demand production quality;
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Packaging standards;
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Shipping delays;
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Carrier performance;
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Platform account suspensions;
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Refund or exchange determinations made by such platforms.
Any claims, complaints, or inquiries relating to orders placed through Third-Party Platforms must be directed to the relevant platform in accordance with its policies. We are not obligated to intervene in disputes between you and a Third-Party Platform.
6.6 Platform Policies and Independent Terms
Your use of any Third-Party Platform is subject to that platform's independent:
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Terms of service;
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Privacy policy;
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Refund and return policies;
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Content usage rules;
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Community guidelines.
We encourage you to review those terms carefully before completing any transaction.
6.7 Limitation of Liability for Third-Party Sales
To the fullest extent permitted by law, XaasTech LLC and Rashanda Michelle Mc Kenna disclaim all liability for:
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Loss or damage arising from purchases made on Third-Party Platforms;
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Delays or failures in third-party fulfilment;
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Errors in third-party listings;
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Technical outages of third-party systems;
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Refusal of refunds by Third-Party Platforms;
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Any acts or omissions of Third-Party Platforms.
Nothing in this section limits mandatory consumer rights applicable under local law.
6.8 Changes to Distribution Channels
We reserve the right, at our sole discretion, to:
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Add, remove, or modify distribution platforms;
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Change fulfilment methods;
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Withdraw products from specific marketplaces;
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Adjust distribution strategies.
No guarantee is made that a specific product will remain available on any particular platform.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Ownership of Content
All content made available on or through the Site (collectively, the "Content") is the sole and exclusive property of Rashanda Michelle Mc Kenna and is protected by international copyright, trademark, database, design, and other intellectual property laws and treaties, including but not limited to the Berne Convention and applicable national legislation.
Content includes, without limitation:
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Books (print and digital);
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Manuscripts and written works;
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Essays, poetry, and articles;
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Audiobooks and audio recordings;
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Courses, programs, and structured teachings;
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Templates, toolkits, and frameworks;
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Methodologies and analytical systems;
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Graphics, branding, logos, and trade dress (except as licensed to XaasTech LLC for operational use);
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Website design, layout, and functionality (owned by XaasTech LLC as commissioned work);
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Downloadable materials;
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Member-only content.
All rights not expressly granted in these Terms are reserved by the Owner.
7.2 License to XaasTech LLC
The Owner grants XaasTech LLC a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, display, and transmit the Content solely for the purpose of operating the Site, fulfilling orders, and administering the commercial activities of the Owner's brand. This license does not transfer ownership of any Content to XaasTech LLC.
7.3 No Transfer of Ownership to Users
Your use of the Site or purchase of any product does not transfer to you any ownership rights in the Content. Except for the limited license expressly granted for Digital Products in Section 5, no license or right is granted to you by implication, estoppel, or otherwise.
7.4 Prohibited Uses
Without the prior written consent of the Owner, you may not:
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Reproduce, copy, or duplicate any Content;
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Redistribute, resell, sublicense, or commercially exploit any Content;
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Extract, replicate, or adapt proprietary frameworks, methodologies, or structured systems;
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Modify, translate, create derivative works, or publicly display Content;
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Upload Content to file-sharing services, shared drives, or publicly accessible platforms;
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Reverse engineer or attempt to access source files of digital products;
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Remove or alter copyright notices, watermarks, or proprietary identifiers;
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Scrape, data-mine, harvest, or extract data from the Site using automated means;
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Use Content for training, fine-tuning, prompting, or improving artificial intelligence, machine learning models, or generative systems in any manner;
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Incorporate Content into commercial consulting, internal corporate programs, paid training, or derivative publications.
Any unauthorized use constitutes a material breach of these Terms and may result in legal action.
7.5 Trademarks and Brand Protection
All trademarks, service marks, logos, trade names, and brand identifiers displayed on the Site are the property of Rashanda Michelle Mc Kenna, XaasTech LLC (with respect to operational branding), or their licensors. You may not use any trademark, logo, or brand identifier without prior written consent. Nothing in these Terms grants you any right to use any brand elements.
7.6 Moral Rights
Where applicable, the Owner retains moral rights in the literary and artistic works featured on the Site, including the right of attribution and the right to object to derogatory treatment of the work. You must not distort, mutilate, or otherwise modify Content in a manner prejudicial to the Owner's honor or reputation.
7.7 User Submissions
If you submit any content to the Site (including reviews, testimonials, comments, or other materials), you grant the Owner and the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such submissions for any purpose, including commercial purposes, without compensation to you. You represent that you have the right to submit such content and that it does not violate any third-party rights.
7.8 Enforcement and Remedies
The Owner and the Company reserve the right to:
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Investigate suspected intellectual property violations;
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Suspend or terminate Accounts associated with infringement;
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Issue takedown notices under applicable copyright laws (including the Digital Millennium Copyright Act where applicable);
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Seek injunctive relief;
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Pursue damages, statutory or otherwise;
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Recover legal costs to the fullest extent permitted by law.
You acknowledge that unauthorized use of Content may cause irreparable harm for which monetary damages may be inadequate.
7.9 International Protection
The Content is protected under international copyright treaties and conventions. Unauthorized use may give rise to civil and criminal liability in multiple jurisdictions.
8. PROFESSIONAL DISCLAIMER
8.1 Informational and Educational Purpose Only
All Content made available on the Site, including but not limited to books, articles, essays, frameworks, templates, methodologies, digital products, audio materials, courses, and other materials, is provided solely for informational and educational purposes.
The Content is intended to provide general information and does not constitute:
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Legal advice;
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Financial advice;
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Investment advice;
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Tax advice;
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Business consultancy;
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Regulatory advice;
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Medical, psychological, or therapeutic advice;
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Any other form of professional advisory service.
8.2 No Professional-Client Relationship
Your use of the Site, creation of an Account, purchase of products, participation in programs, or communication through the Site does not create:
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A lawyer-client relationship;
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A consultant-client relationship;
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A fiduciary relationship;
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An advisory relationship;
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A therapist-client relationship; or
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Any other professional engagement.
No professional relationship is formed unless and until a separate written agreement is executed between you and the Owner (or a qualified professional) expressly establishing such a relationship.
8.3 No Reliance
You acknowledge and agree that:
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You are solely responsible for evaluating the accuracy, completeness, and applicability of any information provided;
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You should seek independent professional advice from qualified professionals licensed in your jurisdiction before acting on any information contained on the Site;
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The Owner and the Company make no representation that the Content is appropriate for your specific legal, financial, regulatory, business, health, or personal circumstances.
To the fullest extent permitted by law, we disclaim all liability arising from any reliance placed on the Content by you or by any third party who may be informed of its contents.
8.4 Jurisdictional Variations
Laws, regulations, and compliance requirements vary by jurisdiction. The Content may not reflect the laws applicable in your country, state, or region. You are solely responsible for ensuring compliance with the laws applicable to you.
8.5 Forward-Looking Statements and Results
Where the Site references strategies, frameworks, case examples, or potential outcomes, such references are illustrative only and not guarantees. We do not guarantee:
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Specific financial results;
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Business outcomes;
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Legal success;
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Regulatory compliance;
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Revenue generation;
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Audience reach;
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Performance improvements;
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Personal or professional growth.
Any examples of results are not promises or guarantees of future performance. Individual results may vary.
9. THIRD-PARTY CONTENT, PLATFORMS, AND EXTERNAL LINKS
9.1 Third-Party Services
The Site may contain references to, integrations with, or links to third-party websites, marketplaces, platforms, software tools, service providers, payment processors, distributors, social media networks, or other external resources (collectively, "Third-Party Services").
These may include, without limitation:
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Online retailers and marketplaces;
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Payment processing platforms;
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Audiobook and publishing platforms;
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Social media channels;
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Embedded media players;
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Email marketing systems;
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Analytics tools;
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Hosting providers.
Such references or links are provided for convenience and informational purposes only.
9.2 No Endorsement or Control
The inclusion of any link or reference to a Third-Party Service does not:
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Constitute endorsement or approval;
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Imply affiliation, partnership, or sponsorship (unless expressly stated);
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Represent that we control or are responsible for such Third-Party Service.
We do not own, operate, or control Third-Party Services and make no representations regarding:
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Their accuracy, completeness, or reliability;
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Their availability or functionality;
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Their security practices or data handling;
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Their products, services, or content.
9.3 Independent Terms and Policies
Your access to and use of Third-Party Services is governed exclusively by the terms, conditions, and privacy policies of those third parties. We encourage you to review their policies before engaging in transactions or submitting personal data.
9.4 No Liability for Third-Party Losses
To the fullest extent permitted by law, we disclaim all liability for any loss or damage arising from:
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Your use of Third-Party Services;
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Reliance on third-party information;
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Transactions completed outside the Site;
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Errors, omissions, or inaccuracies in third-party materials;
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Malware, viruses, or harmful content originating from third-party platforms;
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Data breaches or security incidents affecting Third-Party Services.
Your interaction with Third-Party Services is at your own risk.
9.5 Embedded and Integrated Content
Where the Site embeds content (including audio players, video streams, social feeds, or marketplace widgets), such content remains the property and responsibility of the originating third party. We do not guarantee uninterrupted availability of embedded third-party content.
9.6 Affiliate Disclosure (If Applicable)
Where the Site participates in affiliate programs, we may receive compensation from certain Third-Party Services if you make purchases through referral links. Such arrangements do not influence our editorial independence or content selection unless expressly disclosed. Any affiliate relationships will be disclosed in accordance with applicable law.
10. LIMITATION OF LIABILITY
10.1 General Limitation
To the fullest extent permitted by applicable law, XaasTech LLC, its officers, directors, employees, affiliates, licensors, contractors, and service providers, as well as Rashanda Michelle Mc Kenna, shall not be liable for any loss or damage arising out of or in connection with:
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Your access to or use of the Site;
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Your inability to access or use the Site;
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Purchases made through the Site;
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Digital Product access or downloads;
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Third-party platform transactions;
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Reliance on Content;
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Technical errors, interruptions, or downtime;
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Unauthorized access to or alteration of your transmissions or data;
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Statements or conduct of any third party on the Site.
10.2 Excluded Categories of Loss
Without limiting the generality of the foregoing, we shall not be liable for any:
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Indirect, incidental, special, exemplary, or consequential damages;
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Loss of profit, revenue, or anticipated savings;
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Loss of business opportunity, contracts, or goodwill;
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Loss of data or reputation;
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Business interruption;
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Regulatory penalties or compliance costs;
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Economic loss of any kind, whether direct or indirect.
This applies whether such loss arises in contract, tort (including negligence), misrepresentation, statutory duty, or otherwise, even if foreseeable.
10.3 Digital and Platform-Specific Limitations
We shall not be liable for:
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Download failures caused by user error or technical incompatibility;
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Device incompatibility or malfunction;
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Internet connectivity issues;
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Platform outages of third-party hosting or payment processors;
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Third-party payment processor errors or holds;
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Marketplace listing inaccuracies;
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Shipping delays caused by carriers or customs;
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Suspension of accounts on third-party platforms;
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Refund determinations made by third-party retailers;
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Content removal by third-party distributors.
10.4 Distinction of Liability
XaasTech LLC is responsible for the operation, payment processing, customer service, and technical administration of the Site. Liability for the specific content, views, opinions, and creative expressions contained within the published works rests solely with the author, Rashanda Michelle Mc Kenna. This allocation of responsibility shall be considered in any dispute arising hereunder.
10.5 Cap on Liability
To the fullest extent permitted by law, our total aggregate liability arising from any claim relating to the Site or any purchase made directly through it shall not exceed:
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The total amount paid by you to XaasTech LLC for the specific product or service giving rise to the claim during the twelve (12) months preceding the event giving rise to liability.
If no payment was made, liability shall be limited to one hundred United States dollars (USD $100).
10.6 No Guarantee of Results
We make no guarantees regarding:
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Financial results, business performance, or revenue generation;
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Legal compliance or outcomes;
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Publishing success or distribution reach;
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Platform availability or audience engagement;
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Personal or professional growth;
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Achievement of any specific goals or outcomes.
Any examples provided are illustrative only and do not constitute a guarantee.
10.7 Mandatory Legal Exceptions
Nothing in these Terms excludes or limits liability for:
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Death or personal injury caused by negligence;
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Fraud or fraudulent misrepresentation;
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Any liability that cannot legally be excluded or limited under applicable law.
Where local law does not allow certain exclusions or limitations, such exclusions or limitations shall apply to the maximum extent permitted.
10.8 Time Limitation on Claims
To the extent permitted by law, any claim arising out of or relating to the Site must be brought within one (1) year from the date the cause of action arises, or it shall be permanently barred.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless XaasTech LLC, Rashanda Michelle Mc Kenna, and their respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
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Your use of the Site or any Content;
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Your violation of these Terms;
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Your violation of any applicable law, regulation, or third-party right;
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Your submission of any content to the Site;
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Any fraudulent or unauthorized activity conducted through your Account;
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Any chargebacks or payment disputes initiated by you in violation of these Terms.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense. You may not settle any claim without our prior written consent.
12. DISPUTE RESOLUTION & ARBITRATION
12.1 Governing Law
These Terms and any dispute arising out of or relating to the Site, its Content, or any transaction conducted through it shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law principles. Nothing in this section deprives consumers of mandatory protections afforded by the laws of their country of residence.
12.2 Informal Resolution
Before initiating formal proceedings, you agree to first contact us in good faith to attempt to resolve the dispute informally. The parties agree to use reasonable efforts to resolve any dispute within thirty (30) days of written notice before commencing arbitration.
12.3 Binding Arbitration (For Business Users)
If you are using the Site in a business or commercial capacity, any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, any purchase made through the Site, intellectual property rights, or alleged breaches of these Terms shall be resolved exclusively through final and binding arbitration administered by a recognized arbitration body in the State of Wyoming.
The arbitration shall:
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Be conducted in English;
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Be conducted before a single arbitrator;
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Be governed by the applicable arbitration rules of the chosen arbitration body;
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Be confidential, unless otherwise agreed by the parties;
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Take place in Cheyenne, Wyoming, unless the parties agree to virtual proceedings.
Judgment on the arbitration award may be entered in any court of competent jurisdiction.
12.4 Consumers
If you are acting as a consumer (not in the course of business):
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You may have the right to bring proceedings in your country of residence;
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Mandatory local consumer protection laws may override portions of this clause;
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Nothing in this section limits statutory rights that cannot legally be waived.
Where arbitration clauses are not enforceable in your jurisdiction, disputes shall be resolved in accordance with applicable local law.
12.5 Class Action Waiver
To the fullest extent permitted by law, any dispute shall be resolved on an individual basis. You agree that you shall not:
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Participate in a class action, collective action, or representative proceeding;
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Join or consolidate claims with others;
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Act as a representative plaintiff or class member in any purported class or representative proceeding.
If a court determines that this waiver is unenforceable in a specific jurisdiction, that portion shall be severed, and the remainder of this section shall remain in effect.
12.6 Jury Trial Waiver (Where Applicable)
To the extent permitted by law, you waive any right to a trial by jury in any dispute arising out of or relating to these Terms or your use of the Site.
12.7 Injunctive Relief
Nothing in this section prevents XaasTech LLC or Rashanda Michelle Mc Kenna from seeking injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights, confidential information, or proprietary materials, or to prevent irreparable harm.
12.8 Small Claims Court
Either party may bring qualifying claims in small claims court where permitted by applicable law, provided such claims remain on an individual basis.
12.9 Arbitration Costs
Each party shall bear its own legal costs unless otherwise determined by the arbitrator or required by applicable law. Arbitration filing fees and administrative costs shall be allocated in accordance with the applicable arbitration rules.
12.10 Time Limitation
To the extent permitted by law, any claim must be filed within one (1) year of the event giving rise to the dispute, unless a longer period is required by mandatory law.
13. FORCE MAJEURE
13.1 Definition
The Company shall not be liable for any delay in performance, failure to perform, suspension of services, or inability to fulfil obligations under these Terms where such delay or failure results from events, circumstances, or causes beyond its reasonable control ("Force Majeure Event").
13.2 Force Majeure Events Include, Without Limitation:
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Acts of God;
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Natural disasters (including earthquakes, floods, hurricanes, fires, storms);
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Epidemics, pandemics, or public health emergencies;
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Government actions, regulations, restrictions, or orders;
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War, armed conflict, terrorism, civil unrest, or riots;
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Labour disputes, strikes, or lockouts;
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Power outages or utility failures;
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Internet service provider failures or disruptions;
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Hosting or cloud infrastructure outages;
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Cyberattacks, hacking incidents, or security breaches;
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Third-party platform outages (including marketplaces or payment processors);
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Supply chain disruptions;
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Print-on-demand production delays;
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Shipping carrier interruptions or failures;
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Embargoes or export restrictions.
13.3 Effect of Force Majeure
During the existence of a Force Majeure Event:
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The Company's affected obligations shall be suspended for the duration of the event;
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Time for performance shall be extended accordingly;
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The Company shall not be deemed in breach of these Terms due to such delay or failure.
Where a Force Majeure Event materially affects access to digital services or product fulfilment, the Company may:
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Suspend or modify services;
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Extend subscription periods (if applicable);
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Cancel affected orders and issue refunds where appropriate.
13.4 Third-Party Dependencies
You acknowledge that the Site relies on third-party infrastructure, including hosting providers, payment processors, marketplace platforms, print-on-demand suppliers, and shipping carriers. The Company shall not be liable for failures or delays caused by such third parties where such failures are outside the Company's reasonable control.
13.5 No Liability for Consequential Loss
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, or consequential damages arising from a Force Majeure Event.
13.6 Consumer Law
Nothing in this section limits any non-excludable rights available to consumers under mandatory applicable law.
14. EXPORT CONTROL
14.1 Compliance with Export Laws
You agree to comply with all applicable export control, trade control, and economic sanctions laws and regulations, including but not limited to those administered by:
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The United States Department of Commerce (including the Export Administration Regulations);
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The United States Department of the Treasury's Office of Foreign Assets Control;
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The United States Department of State;
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Any other applicable governmental authority in your jurisdiction.
You may not access, use, export, re-export, transfer, or make available any Content, Digital Product, or service provided through the Site in violation of such laws or regulations.
14.2 Restricted Persons and Jurisdictions
By using the Site, you represent and warrant that:
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You are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive U.S. embargo or sanctions (including, without limitation, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine);
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You are not identified on any government restricted or denied-party list, including but not limited to the U.S. Specially Designated Nationals List, the Denied Persons List, or the Entity List;
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You are not acting on behalf of any person or entity subject to sanctions.
If at any time you become subject to such restrictions, you must immediately cease use of the Site.
14.3 Digital Export Classification
You acknowledge that Digital Products and downloadable materials may be subject to export control classification and may constitute "exports" under applicable law when transmitted electronically across borders. You agree not to:
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Download or access Digital Products from a prohibited jurisdiction;
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Transfer Digital Products to restricted persons;
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Re-export Content in violation of applicable law.
14.4 Termination for Compliance Reasons
We reserve the right to:
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Suspend or terminate access to the Site;
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Cancel transactions;
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Restrict digital access;
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Refuse service,
where necessary to comply with export control or sanctions regulations. Such termination shall not give rise to liability where required by law.
14.5 Indemnification for Violations
You agree to indemnify and hold harmless XaasTech LLC and Rashanda Michelle Mc Kenna from any liability, penalties, fines, or losses arising from your violation of applicable export control or sanctions laws.
15. ELECTRONIC COMMUNICATIONS
15.1 Consent to Electronic Communications
By accessing or using the Site, creating an Account, or completing a transaction, you consent to receive communications from us electronically. Such communications may include, without limitation:
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Order confirmations and transaction receipts;
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Account notifications and security alerts;
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Service announcements and policy updates;
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Dispute resolution notices;
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Legal notices;
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Marketing communications (where you have opted in).
Communications may be delivered via:
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Email;
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Account notifications within the Site;
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Posting on the Site;
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SMS or text messages (where you have provided consent and opted in);
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Other electronic means.
15.2 Legal Effect of Electronic Communications
You agree that all electronic communications, agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. Your electronic acceptance of these Terms (including by clicking "I agree," creating an Account, or completing a purchase) constitutes a legally binding electronic signature.
15.3 Record Retention
You are responsible for retaining copies of electronic communications and maintaining accurate contact information within your Account. We are not responsible for failure to receive communications due to:
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Incorrect or outdated email addresses or phone numbers;
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Spam filtering or security settings;
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Full inbox capacity;
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Technical issues outside our reasonable control;
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Changes to your contact information without updating your Account.
15.4 Withdrawal of Consent
If you wish to withdraw consent to receive non-essential electronic communications, you may do so by contacting us or adjusting your account settings where available. Withdrawal of consent to essential communications (such as transaction confirmations and legal notices) may require termination of your Account or discontinuation of services, as electronic communication is necessary for the operation of the Site.
15.5 Marketing Communications
Where required by law, marketing communications will be sent only where you have provided appropriate consent. You may opt out of marketing communications at any time using the unsubscribe mechanism provided in such communications or by updating your account preferences.
16. ASSIGNMENT
16.1 Assignment by You
You may not assign, transfer, delegate, sublicense, or otherwise dispose of any of your rights or obligations under these Terms, whether voluntarily, by operation of law, or otherwise, without the prior written consent of XaasTech LLC. Any attempted assignment or transfer in violation of this section shall be null and void.
Your Account, login credentials, and any license granted for Digital Products are personal to you and may not be transferred, shared, or sold to any third party.
16.2 Assignment by the Company
XaasTech LLC may assign, transfer, delegate, subcontract, or otherwise dispose of its rights and obligations under these Terms at any time, without notice or consent, including in connection with:
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A merger, acquisition, or corporate restructuring;
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A sale of assets or transfer of the Site;
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A transfer of operational responsibilities;
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An internal reorganization within affiliated entities.
In the event of such assignment, your continued use of the Site constitutes acceptance of the assignment.
16.3 Successors and Permitted Assigns
These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
16.4 No Third-Party Beneficiaries
Except as expressly provided in these Terms, nothing herein shall create any third-party beneficiary rights.
17. SEVERABILITY
17.1 Severability
If any provision of these Terms is determined by a court or tribunal of competent jurisdiction to be unlawful, invalid, illegal, or unenforceable, in whole or in part, that provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable. If such modification is not possible, the affected provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.
17.2 Preservation of Intent
The parties agree that any invalid or unenforceable provision shall be interpreted, where possible, in a manner that most closely reflects the original intent of the provision while complying with applicable law. The invalidity of any provision in one jurisdiction shall not affect its validity or enforceability in any other jurisdiction to the extent permitted by law.
17.3 Arbitration and Class Action Carve-Out
If any portion of the Dispute Resolution or Class Action Waiver provisions is found to be unenforceable, the remaining portions shall remain in effect to the fullest extent permitted by law. However, if the class action waiver is deemed unenforceable in a particular jurisdiction, the arbitration requirement may also be deemed unenforceable solely to the extent required by applicable law.
17.4 No Waiver by Partial Invalidity
The failure of any provision shall not invalidate the enforceability of the remainder of these Terms.
18. ENTIRE AGREEMENT
18.1 Entire Agreement
These Terms, together with the following documents (collectively, the "Site Terms"):
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The Privacy & Cookies Policy;
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Any applicable Purchase Terms or Checkout Terms;
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Any Digital Product license terms;
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Any Subscription or Membership Terms (if applicable);
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Any promotional or campaign-specific terms;
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Any policies expressly incorporated by reference,
constitute the entire agreement between you, XaasTech LLC, and Rashanda Michelle Mc Kenna concerning your access to and use of the Site and any purchases made directly through it. They supersede all prior or contemporaneous communications, proposals, representations, understandings, or agreements, whether oral or written, relating to the subject matter herein.
18.2 Order of Precedence
In the event of any conflict between these Terms and any other Site Terms:
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Specific Purchase Terms or Checkout Terms shall prevail with respect to the relevant transaction;
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Subscription or Membership Terms shall prevail with respect to subscription services;
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These Terms shall govern all other general use of the Site;
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The Privacy & Cookies Policy shall govern matters relating to personal data.
18.3 Separate Professional Agreements
Nothing in these Terms overrides or modifies the terms of any separate written professional engagement agreement entered into between you and Rashanda Michelle Mc Kenna or XaasTech LLC. Where such a separate agreement exists, its terms shall govern the scope of that engagement exclusively.
18.4 No Reliance on External Statements
You acknowledge that you have not relied on any statement, representation, warranty, or promise not expressly set out in the Site Terms when entering into this agreement. Nothing in this section excludes liability for fraudulent misrepresentation.
19. CONTACT INFORMATION
For any questions regarding these Terms, please contact us through the following channels:
For Customer Service, Payment Inquiries, and Technical Support:
XaasTech LLC (as authorized site manager)
Email: info@rashandamckenna.com
For Intellectual Property, Permissions, and Content Inquiries:
Rashanda Michelle Mc Kenna (Owner)
c/o XaasTech LLC
Email: info@rashandamckenna.com
For Privacy-Related Inquiries:
Email: privacy@rashandamckenna.com
For Legal Notices:
Legal Department
XaasTech LLC
Email: legal@xaastech.com