© 2018 Kathryn Lorraine LLC

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Terms & Conditions of Use

General

This Terms of Use Agreement (the "Agreement") is a contract between you and Kathryn Lorraine, LLC (the "Company", "we" or "us"). The Company owns and operates this website, www.kathrynlorraine.com (the “Site”). By using the Site, you agree to be bound by this Agreement and to use the Site in accordance with the Agreement. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change this Agreement or to impose new conditions on the use of the Site, from time to time, in which case we will post the revised Agreement on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Use as modified.

Access to the Site

The Company makes no representations, assurances, or warranties as to the availability of the Site or the documents and content contained herein. The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change.

Intellectual Property Rights

This Site and all the materials contained herein are the property of us or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is to be used solely for your personal and noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in this Agreement or by the owner of the materials, you may not reproduce, duplicate, copy, create derivative works, sell, rent, resell, distribute in any manner or medium, or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site. You may download and/or print a single copy of individual pages of the Site for your personal, non-commercial use, provided that all copyright and other proprietary notices are kept intact.

It is acknowledged and implied that by posting or submitting any material to us via the Site, you are representing: (i) that you are the owner of the material, or that you have the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. Additionally, when submitting or posting any material, you are granting us, and anyone we authorize, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including the right to exploit proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

If you are interested in creating hypertext links to this Site, you must contact the Company before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or Company, including its respective employees, agents, directors, officers, and shareholders

Disclaimers

Throughout the Site the Company may provide links or directions to other websites, people, or information, no inference or assumption should be made and no representation should be implied that the Company is connected with, operates, controls, or has any rights associated with these websites. The Company makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. Anywhere the Company is offering their content (or the content of an affiliate) on or through a third party site your use or display of that content shall be subject to this Agreement.

You agree at all times to defend, indemnify and hold harmless the Company, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

 

The Company disclaims any and all responsibility or liability for the timeliness, quality, accuracy, content, completeness, legality, reliability, or availability of information or material contained on the Site. The Site may contain typographical errors, we strive to maintain the accuracy of content but disclaim any responsibility caused by inaccuracies, deletion, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof. This Site and any information provided herein or sent by the Company in any form is intended strictly for personal informational and educational purposes, and is not intended to provide legal, tax, investment, psychological, or clinical advice and should not be considered as such. 

All content and data contained in the Site is provided strictly "as is" and "as available" with no warranties whatsoever. Any implied, express, and statutory warranties including but not limited to fitness for a particular purpose, merchantability, and non-infringement of proprietary rights are expressly disclaimed.

You understand and agree that any material, content, or data downloaded through the Site or otherwise obtained from the Company is done so at your own discretion and risk and you will be solely responsible for and claims of damages to your computer or loss of data that results from such downloaded or obtained material.

Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL COMPANY, ANY OF COMPANY’S AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (COLLECTIVELY THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM COMPANY (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

Information Collected by Third Parties

We may allow third-party companies that use tracking technologies, such as cookies web beacons, and similar technologies to collect or receive information from your website and elsewhere on the internet and use that information to provide measurement services and target ads to users who interact with our website. Our website does not sell this information to third party advertisers. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative which offers a single location to opt out of ad targeting from member companies. You may go here to change your opt-in preferences www.aboutads.info/choices.

Online Commerce

By signing up/enrolling/purchasing any product, program, or service provided on this Sit by the Company, you acknowledge and agree that the Company is not responsible for your results, earnings, future earnings, life changes, or future developments as a result of such product or service and that such product contains no professional/legal advice.  Your results will be completely dependent on your application of the product/service. If paying by credit/debit card, you give the Company permission and authorization to automatically charge your credit or debit card as payment for your programs, products, or services.  If you purchase a program, products, or service using a payment plan option, you agree to pay the initial payment to secure your participation and also agree to begin payments on the date specified on the enrollment form.  By using the enrollment form, you give the Company permission and authorization to automatically charge your credit/debit card every thirty (30) days, or as frequently as specified, until all payments are completed. If you fail to make payment in a timely manner or voluntarily decide to withdraw from program, product or service at any time or for any reason whatsoever, you will still remain fully responsible for the full cost of the program, product and/or service.

When you purchase any program, product or service, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us.  A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.

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 also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Refund Policy

See product, program, or service for corresponding refund policy.

Termination

We reserve the right to refuse or terminate access to our programs, products, services and/or our Program Materials, Site, e-mail communications, or any other method of communications at any time without notice.  Should you or we wish to terminate these termination terms will apply, even after termination by either of us.  In the event of cancellation or termination, all remaining balances owed will be immediately due, and your access to the programs, products, services or our Site, e-mail or any or other methods of communications affected by such cancellation or termination will no longer be authorized. The restrictions and requirements imposed on you with respect to the program, products or services, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in this Agreement, shall survive such termination of your access and apply in full force.

Dispute Resolution

Should a dispute ever arise between us, it is agreed that a binding arbitration will be submitted before a single arbitrator, selected jointly in the state of New York, in accordance with the American Arbitration Association Rules.  Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction.  Prior to seeking arbitration, you must submit your complaint to the Company via e-mail. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you.

By signing up/enrolling/purchasing for any of our programs, products and services you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the sooner of either the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or the completion, termination, or ending of the program, product, or service corresponding to the complaint, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Monroe County, New York, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our programs, products or services.

Miscellaneous

This Agreement shall be governed by the laws of the State of New York, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction for any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in Monroe County, New York.
 

This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of Company, which are not included in this Agreement, shall be binding on the Company or its affiliates.


Neither you nor the Company may modify or amend this Agreement, in whole or in part without the prior written consent of both you and an authorized representative of the Company. However, Company may replace this Agreement from time to time and your subsequent use of the Site, or any content, programs or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use. You are advised to check this Agreement regularly for any modifications.


No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and the Company. The Company's failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.


If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.


This Agreement shall inure to the benefit of Company and its subsidiaries and affiliates. Any and all references in this Agreement to Company and its affiliates shall, where the context so permits include Company’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors, and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third-party content or third party software on or through a link provided on the Site.


The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.