KathyDeBoer.com Conditions of Use Policy
These policies apply to the entire KathyDeBoer.com site.
KathyDeBoer.com Conditions of Use
Please read these terms carefully before using or accessing this site.
By using or accessing the site, you agree to be bound by these terms.
KathyDeBoer.com may amend these terms at any time and all amendments will
take effect immediately on posting of the amended terms. You should also
refer to the privacy policy for users.
Agreement
Between User and KathyDeBoer.com
The KathyDeBoer.com Web Site is offered to you and conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the KathyDeBoer.com Web Site constitutes
your agreement to all such terms, conditions, and notices.
Modification of These Conditions of Use
KathyDeBoer.com reserves the right to change the terms, conditions, and
notices under which the KathyDeBoer.com Web Site is offered. You are responsible
for regularly reviewing these terms and conditions and additional terms
posted on the KathyDeBoer.com Web Site. Your continued use of the KathyDeBoer.com
Web Site constitutes your agreement to all such terms, conditions, and
notices.
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Modify
Services
KathyDeBoer.com may modify, suspend, discontinue or expand the extent
of the services provided on this site at any time in its absolute discretion.
Information
on This Site
The KathyDeBoer.com Web Site presents information that is as accurate
and up to date as is reasonable. We make no representations as to the
accuracy of information presented at or via the Web Site that comes from
third parties.
You agree that you must evaluate, and bear all risks associated with,
the use of all information at the Web Site, including any reliance on
the accuracy, completeness, or usefulness of it. By using the Web Site
you agree that KathyDeBoer.com and any of its subsidiary or related or
affiliated companies or any of their employees or agents are not responsible
for:
a)
the accuracy or otherwise of the information displayed or omitted from
the Web Site;
b) any person’s reliance on the information presented on the Web
Site;
c) any loss in connection with the use of the Web Site.
Proprietary
Rights
You acknowledge and agree that:
a)
the Web Site and any necessary software used in connection with the Web
Site contain proprietary and confidential information that is protected
by applicable intellectual property and other laws;
b) The Content contained in sponsor advertisements or information presented
to you via the Web Site or third parties such as advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorised by KathyDeBoer.com or
the relevant third parties, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Web Site, in
whole or in part.
Disclaimer of Warranties
You expressly understand and agree that:
a)
your use of the Site is at your sole risk.
b) the Site is provided on an “as is” and “as available”
basis. KathyDeBoer.com expressly disclaims all warranties of any kind,
whether express or implied, including without limitation all implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
KathyDeBoer.com makes no warranty that:
a)
the Site will meet your requirements;
b) the Site will be uninterrupted, timely, secure, or error-free;
c) the results that may be obtained from the use of the Web Site will
be accurate or reliable;
d) the quality of any products, services, information, or other material
purchased or obtained by you through the Web Site will meet your expectations;
and
e) any errors in the Web Site will be corrected.
Any material downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from KathyDeBoer.com or through or from the Web Site shall create any warranty not expressly stated.
If under any law any terms, conditions or warranties which apply to the
supply of goods or services through the Site cannot legally be excluded,
restricted or modified then those terms, conditions and warranties apply
to the extent required by that law. Except as expressly stated in the
terms of use, conditions and warranties that would otherwise be implied
are excluded.
Limitation of Liability
You understand and agree that KathyDeBoer.com, its related corporations
and the employees and agents of each is not liable for any damages, economic
or other loss or damage whether direct, indirect, incidental, special,
consequential or exemplary and even if KathyDeBoer.com has been advised
of the possibility of such damages, arising out of any breach of any implied
or express term, condition or warranty or suffered as a result of the
negligence of any of them (including without limitation loss of profits,
goodwill, use, data or other intangible losses) or in respect of:
a)
the use of, or the inability to use the Web Site;
b) the cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained or
messages received or transactions entered into via or from the Web Site;
c) unauthorised access to or alteration of your transmissions or data;
d) statements or conduct of any third party on the Site; or
e) any other matter relating to the Site or products ordered through the
Site. To the extent permitted by law the KathyDeBoer.com liability for
any breach of a condition or warranty which must be implied into the terms
of use by the Trade Practices Act 1974 (Cth) is limited to: in the case
of goods supplied by KathyDeBoer.com to any one of the following at our
option:
a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent
goods;
d) the payment of the cost of having the goods repaired; and
in the case of services supplied by KathyDeBoer.com to any one of the
following at our option:
e) the supplying of the services again;
f) the payment of the cost of having the services supplied again.
Trade
Mark Information
The KathyDeBoer.com name and trade marks, including the distinctive slogans
and logos, that appear at the Web Site are trade marks of KathyDeBoer.com
or other third parties (the Trade Marks). You agree not to display or
use or link to the Trade Marks in any manner without prior permission
from KathyDeBoer.com or the relevant third party owner.
Links
to Third Party Sites or Services
This site contains links to sites of third parties. Those sites are not
under the control of KathyDeBoer.com and KathyDeBoer.com is not responsible
in any way for the contents of any linked site. The links are provided
for your convenience only and the existence of the link does not imply
any endorsement of the linked site by KathyDeBoer.com. Any link by you
to a third party’s site is done at your own risk.
KathyDeBoer.com is not responsible for webcasting or any other form of
transmission received from any linked site.
This site may also contain advertisements for third parties (including
banner ads or other types of advertisements). Those advertisements may
also contain links to other sites controlled by third parties. Any third
party pays for its advertising on this site and KathyDeBoer.com does not
recommend or endorse any products or services offered by its advertisers.
You must check with the advertiser for information about products or services
offered.
KathyDeBoer.com does not endorse any offers made by any third parties
and KathyDeBoer.com is not a party to the making of the offer. The third
party advertiser is solely responsible to you for the offer and for any
goods and services you purchase from them.
Indemnity
KathyDeBoer.com relies on you observing these terms at all times. You
agree to indemnify and hold KathyDeBoer.com and its officers and employees
harmless from any claims of any nature whatsoever (including legal costs)
by any third party arising out of or in connection with your use of this
site. The indemnity is this clause extends to and covers your breach of
these terms.
Rights
to Use Information You Send Us
If you send any information to us whether by email or in any other form,
then we have the right to reproduce, distribute, transmit, create derivative
works of or publicly display any materials or other information that you
submit. This right extends to any ideas you might send us in regard to
new or improved products or services.
Notices
Notices must be in writing and may be given by hand, ordinary prepaid
post, facsimile or email. A notice by us to you is taken to be duly given
and received
• if delivered by hand, when delivered;
• if delivered by prepaid ordinary post, on the second business
day after posting; and
• if delivered by facsimile, upon completion of transmission and
receipt by the sender of the appropriate transmission report; and
• if delivered by email, one business day after sending.
General
These terms are covered by the law in force in the State of Kentucky and
the United States of America and the parties are to submit to the non-exclusive
jurisdiction of the courts in the State of Kentucky.
If any of these terms is held by any court to be invalid, the remaining
terms will remain in full force and effect.
Last updated April 22, 2004.
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