TERMS & DISCLAIMER KatherineKuhn.com

 

These Terms of Use apply to all visitors (“Visitor,” “User,” or “You”) who use the publicly available pages of the KatherineKuhn.com website located at http://www.KatherineKuhn.com (the “Site”). The Site may be accessed via the World Wide Web, via a mobile application, or through a website hosted by a third party or one of our affiliated companies. If You access non-publicly available portions of the Site to which You have been granted authorized access, any additional terms and conditions located on those pages will also apply and will control in the event of a conflict with these Terms of Use.

By using or accessing the Site, You signify Your acknowledgment and assent to the terms and conditions of use set forth below. If You do not agree to these terms of use, please do not use the Site. Katherine Kuhn reserves the right to change these terms from time to time as it deems to be necessary and can revise these terms of use at any time by updating this posting. Your use after the Terms of Use have been updated indicates Your agreement and acceptance of the updated version of the Terms of Use.

Please check these terms of use periodically for changes.

This website is intended for United States audiences only. You must be at least 18 years of age to use the services on this website.

Disclaimer

Katherine Kuhn has made and will continue to make efforts to include accurate and current information on the Site. However, Katherine Kuhn provides no warranty or guarantee regarding the accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any purposes. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KATHERINE KUHN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT THAT YOU RESIDE IN A JURISDICTION WHERE EXCLUSIONS OF IMPLIED WARRANTIES ARE NOT RECOGNIZED, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU AGREE THAT YOU ACCESS AND USE THE SITE AND THE CONTENT THEREOF AT YOUR OWN RISK.

NEITHER KATHERINE KUHN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE, OR ANY ERRORS OR OMISSIONS IN ITS CONTENT.

Site Content and Intellectual Property

Images and information (“Content”) contained on the Site are copyrighted and otherwise proprietary.

Unless otherwise expressly identified, the Site’s Content is owned by Katherine Kuhn or by its third-party licensors. The Site’s Content is protected by United States and international copyright, trademark, and other laws. You may browse the Site and download the Site’s Content solely for Your personal use, provided You keep intact all copyright and other proprietary notices. Katherine Kuhn grants You permission to print individual pages from the Site, unless otherwise expressly noted, for Your own personal, non-commercial use in learning about services or products offered by Katherine Kuhn. Except as expressly permitted in these Terms of Use, You may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way the Site’s Content, including code and software underlying the Site, nor may You sell, transfer, or otherwise use the Site or the Site’s Content in commerce or for any public or commercial endeavor without Katherine Kuhn’s prior and express written consent. Katherine Kuhn may in its sole discretion make changes to the Site’s Content at any time without notice.

Links to Third-Party Websites

The Site contains hyperlinks (“Link(s)”) to other websites maintained by third-parties over whom Katherine Kuhn has no control. Such Links are provided as a convenience to users of the Site. Katherine Kuhn assumes no responsibility for the content of the websites and makes no representations as to the accuracy or completeness of any information contained on such sites. Please note that once You click on a Link that transfers You from the Site to another website, You have left the Site, and these Terms of Use will immediately cease to apply to any subsequent activity on the other website. Katherine Kuhn is under no obligation to notify You when You have left the Site and have accessed another website. Use of any other website will be governed by the privacy policy, terms of use, and/or other policies (if any) on the website. Katherine Kuhn assumes no liability for any damages or injuries of any kind arising from such content or information.

Privacy Policy Incorporated by Reference

You agree to the Internet privacy policy, which is incorporated by reference in these Terms of Use.

Use Restrictions and User Obligations

You agree that You will not: (a) use the Site for any purpose that is unlawful, illegal or a violation of applicable Federal, State, or local law or that is prohibited by these Terms of Use; (b) engage in any activity or use any device, software or routine that interferes with another person’s access to the Site or the proper operation of the Site; (c) delete or revise any of the Site’s Content; (d) take any action that imposes an unreasonable or disproportionately large use or burden on the Site's infrastructure; (e) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

Termination of Access

Katherine Kuhn reserves the right to suspend or terminate Your access to all or part of the Site, at any time, without notice to You, if it believes, in its sole judgment, that You have breached or may breach any term or condition of this agreement, or for its convenience.

Choice of Law and Jurisdiction

These Terms of Use are governed by the internal substantive laws of the State of Indiana, without resort to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. You expressly agree that exclusive jurisdiction for any dispute with Katherine Kuhn, or in any way relating to Your use of the Site, resides in the courts of the State of Indiana.

No Waiver

Any waiver by Katherine Kuhn must be express and in writing, must be directed specifically by Katherine Kuhn to You, and must be signed by a Katherine Kuhn duly authorized representative. Katherine Kuhn’s failure to enforce any provision of these Terms of Use or to respond to a breach by You or third parties shall not in any way limit or waive Katherine Kuhn’s right to do so, including without limitation Katherine Kuhn’s right to enforce subsequently any provision of these Terms of Use, or to assert Katherine Kuhn’s rights with respect to the same or similar breaches.

Limitations of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KATHERINE KUHN BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE SITE, EVEN IF KATHERINE KUHN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KATHERINE KUHN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

Entire Agreement

Unless otherwise specified herein, these Terms of Use and the Privacy Policy incorporated herein constitute the entire agreement between You and Katherine Kuhn with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, whether written or oral, concerning the subject matter hereof. Any conflicting or supplementary terms proposed by You in any e-mail or other communication shall not be binding on Katherine Kuhn, and are hereby objected to and expressly rejected.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to the Site is strictly prohibited. Katherine Kuhn reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Katherine Kuhn may have.

Effective Date

The effective date of the Terms of Use is October 18, 2018.