Terms of Use

These Terms of Use (“Terms”) govern your use of kimberlycunningham.com (the “Site”), operated by Kimberly Cunningham (“we,” “us,” “our”). By accessing or using the Site you agree to these Terms, our Privacy Policy and our Medical Disclaimer, which are incorporated by reference. If you do not agree, please do not use the Site.

1. Who we are

The Site is the personal, educational and professional website of Kimberly Cunningham, APRN, ANP-C, a nurse practitioner licensed in Colorado, author and educator. The Site is separate from Cunningham Clinic’s website and patient systems. Clinical services are provided only through Cunningham Clinic under its own terms and policies.

2. Educational content only

All content on the Site is general education and is not medical advice, diagnosis or treatment. Using the Site does not create a provider–patient relationship. Please read the Medical Disclaimer; it forms part of these Terms.

3. Permitted use

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to view the Site and its content for your own non-commercial use. You may not: copy, reproduce, republish, distribute, sell, scrape, data-mine or create derivative works from the Site or its content without our written permission; frame or mirror any part of the Site; use the Site to send unsolicited messages; attempt to gain unauthorized access to the Site, its forms or its data; interfere with the Site’s operation; or use the Site for any unlawful purpose or in a way that misrepresents your identity or affiliation.

4. Intellectual property

The text, photographs, videos, graphics, design and other content of the Site are owned by Kimberly Cunningham or used with permission, and are protected by copyright, trademark and other laws. Great Sex Never Gets Old and its contents are protected by copyright. “Kimberly Cunningham” and the Site’s visual identity are our trade names and trade dress. “Cunningham Clinic” and its logo belong to Cunningham Clinic. Third-party names and marks belong to their owners. Brief quotations with attribution for commentary, review or education are permitted; all other uses require written permission from [email protected].

5. Submissions

When you send us a message, submit a form or email us, you confirm the information is accurate and that you have the right to share it, and you grant us permission to use it to respond to you and manage our relationship with you, as described in the Privacy Policy. Do not send confidential, proprietary or health information. Testimonials, reviews and endorsements are governed by our Testimonial and Endorsement Policy.

6. Email subscriptions

By subscribing you agree to receive occasional emails from us. You can unsubscribe at any time using the link in any email or by contacting us. Email content is educational and subject to the Medical Disclaimer.

7. Speaking, media and training

Requests to book Kimberly for speaking, podcast, interview or media appearances are subject to our Speaking Engagement Terms. Descriptions of provider training on the Site are informational, are not an offer to enroll, and do not represent accredited continuing education unless a specific program expressly says so. Any engagement or training is governed by its own written agreement.

8. Third-party links and services

The Site links to third-party websites and services, including Amazon (book purchases), YouTube (videos) and Cunningham Clinic. Those sites have their own terms and privacy policies. We do not control them and are not responsible for their content, availability or practices, and a link is not an endorsement. Purchases made on third-party sites are transactions with that third party.

9. No warranties

The Site and its content are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation, to the fullest extent permitted by law.

10. Limitation of liability

To the fullest extent permitted by law, Kimberly Cunningham and anyone working with her will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, revenue or goodwill, arising from or related to your use of, or inability to use, the Site or its content, even if advised of the possibility. Our total liability for any claim relating to the Site will not exceed one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

11. Indemnification

You agree to defend, indemnify and hold harmless Kimberly Cunningham from any claims, damages, losses and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms or your misuse of the Site.

12. Governing law and disputes

These Terms are governed by the laws of the State of Colorado and applicable United States federal law, without regard to conflict-of-law rules. Any dispute arising from these Terms or the Site will be brought exclusively in the state or federal courts located in Colorado, and you consent to their jurisdiction. Before filing any claim, you agree to contact us and make a good-faith attempt to resolve the matter informally for at least thirty days.

13. Changes; severability; entire agreement

We may update these Terms at any time by posting a revised version with a new “Last updated” date; continued use of the Site after a change means you accept it. If any provision is found unenforceable, the rest remains in effect. These Terms, together with the Privacy Policy, Medical Disclaimer, Cookie Notice and any policy linked from them, are the entire agreement between you and us regarding the Site.

14. Contact

Questions about these Terms: [email protected].