Effective July 21, 2017
1. KATE & COURTNEY WEBSITE TERMS AND CONDITIONS OF USE
Kate and Courtney LLC (the “Company,” “we” or “us”) reserves the right to change, modify, add or remove portions of the Terms and Conditions (“Terms”) at any time for any reason and in our sole discretion. We suggest that you (“you,” “your” or “User”) periodically review the Terms for amendments. You acknowledge that by accessing or using this website (the “Website”), you are agreeing to the Terms as modified from time to time. We will alert you if changes have been made by indicating on the Terms the date they were last amended.
Please feel free to contact us with any questions you might have regarding these Terms. You may send us an e-mail at email@example.com or write to us at: 152 West 25th Street, Unit 602, New York NY 10001.
2. Website Terms and Conditions of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE VISITING THE WEBSITE OR USING THE ONLINE SERVICES AND PRODUCTS PROVIDED THEREON. BY ACCESSING OR UTILIZING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM. YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS IS A CONDITION TO YOUR RIGHT TO ACCESS AND UTILIZE THE WEBSITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND PRODUCTS AND YOU SHOULD NOT USE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
You must be 18 years of age or older to use the Website in any manner. By visiting the Website, you represent and warrant that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these terms.
4. No Medical or Psychiatric Advice or Therapy
THE COMPANY IS NOT A HEALTH SERVICES PROVIDER OR FORUM, AND WE DO NOT ENGAGE IN PATIENT DIAGNOSIS OR THE PRACTICE OF MEDICINE. THE CONTENT PRESENTED BY AND THROUGH THE WEBSITE AND/OR SERVICES IS NOT PROVIDED FOR THE PURPOSE OF DIAGNOSING OR TREATING MEDICAL AND/OR PSYCHIATRIC PROBLEMS OR CONDITIONS, NOR IS IT A SUBSTITUTE FOR MEDICAL AND/OR PSYCHIATRIC TREATMENT AND/OR THERAPY.
USE OF THE WEBSITE AND/OR SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP. ALL CONTENT THAT IS MADE AVAILABLE BY AND THROUGH THE WEBSITE AND/OR SERVICES SHOULD BE DISCUSSED AND CONFIRMED WITH YOUR PHYSICIAN, PSYCHIATRIST, THERAPIST OR OTHER HEALTHCARE PROVIDER BEFORE ADOPTING ANY WELLNESS PROGRAM, EXERCISE PROGRAM, OR OTHER TREATMENT, WHETHER OFFERED ON THE WEBSITE, THROUGH THE SERVICES OR OTHERWISE. USE OF THE WEBSITE, SERVICES, CONTENT AND MEMBER CONTENT FEATURED THEREIN, IS AT YOUR OWN RISK. INFORMATION AND STATEMENTS REGARDING SOME OF THE PRODUCTS AND/OR SERVICES FEATURED BY AND THROUGH THE WEBSITE AND/OR SERVICES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR PSYCHOLOGICAL DISORDER.
All content displayed or otherwise contained on or available via the Website, including without limitation all images, text, articles, photographs, illustrations, videos, and graphics, constitutes the proprietary intellectual property of the Company or its licensors, and is protected by U.S. and international copyright laws. By accessing or utilizing the Website, the User agrees not to directly or indirectly copy, modify, recast, create derivative works, post, publish, display, redistribute, disclose, or make available the content displayed or otherwise contained on or available via the Website, in whole or in part, to any third parties, or assist others to do the same, or otherwise make any commercial use of the materials without the prior written consent of the Company.
6. Trademarks and Service Marks
All trademarks, service marks, trade names, and logos displayed on the Website, including without limitation, KATE & COURTNEY® (collectively referred to as the “Marks”), are proprietary to the Company or its respective owners, and are protected by U.S. and international trademark laws. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission. Any use of the Marks, or any other Marks owned by or licensed to the Company without the Company’s express written consent, is strictly prohibited.
7. Disclaimer of Warrant; Limitation of Liability
THE INFORMATION ON THE WEBSITE IS PROVIDED “AS IS”. THE COMPANY DOES NOT WARRANT THE ACCURACY OF THE MATERIALS PROVIDED HEREIN, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. No employee or other agent or purported agent of the Company is authorized to make any warranties, representations or guaranties to the contrary of the foregoing, and any such purported warranties, representations or guaranties shall not be relied upon as having been given by or on behalf of the Company.
YOU ACKNOWLEDGE THAT THE COMPANY SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO ANY THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE, TO PROVIDE OR MAINTAIN YOUR ACCESS TO ONLINE SERVICES OR PRODUCTS, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN THE COMPANY AND YOU. THE COMPANY SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE ACCURACY, QUALITY, TIMELINESS, PERFORMANCE, RELIABILITY, OR COMPLETENESS OF THE INFORMATION OR SERVICES CONTAINED ON THE WEBSITE, OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE DATA OR SERVICES OR PRODUCTS AVAILABLE ON THE WEBSITE OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF THESE SERVICES AND PRODUCTS. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF THE USE OF ANY DATA OR SERVICES OR PRODUCTS MADE AVAILABLE ON THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL HAVE NO RESPONSIBILITY TO INFORM OR NOTIFY YOU OF ANY DIFFICULTIES EXPERIENCED BY THE COMPANY OR ANY THIRD PARTIES WITH RESPECT TO THE USE OF THE SERVICES, PRODUCTS OR DATA PROVIDED ON OR BY THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify and hold the Company, its affiliated and parent companies, employees, and agents harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website, the violation of these terms by you, or the infringement by you, or others, using your computer, to access the Website, of any intellectual property or other right of any person or entity, to the fullest extent permitted by law. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
If any of the provisions of these Terms are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms, which shall be given full effect, without regard to the invalid portion(s).
10. Governing Law; Individual Arbitration of Claims
The laws of the United States of America, State of New York, shall govern these Terms, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.
YOU AND THE COMPANY AGREE THAT ALL CLAIMS OR DISPUTES CONCERNING THE WEBSITE SHALL PROCEED SOLELY ON AN INDIVIDUAL, NOT CLASS ACTION OR REPRESENTATIVE BASIS, IN BINDING ARBITRATION BEFORE AND SUBJECT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION.
12. Unauthorized Use
The Company makes no claim that the Website may be lawfully viewed outside the U.S.A. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the U.S.A., you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website, including but not limited to (i) use of any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (ii) any attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer or database connected to the Website; (iii) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (iv) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; or (v) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. The Company reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which the Company may be entitled at law or in equity.
13. Third Party References
References and links on the Website to any names, trademarks, products, services or content of third parties are provided solely as a convenience to you and do not in any way imply the Company’s endorsement of, sponsorship of, or affiliation with, such third party or their services, goods or content. The Company is not responsible for any third-party web pages accessible from, or linked to, the Website, or any information contained therein.
14. Legal Notice for New Jersey Residents
You further expressly agree that the foregoing Disclaimer of Warranty; Limitation of Liability, Indemnity and Arbitration of Claims clauses are intended to be as broad and inclusive as is permitted by the laws of the State of New Jersey. If any portion thereof is found invalid, it is agreed that the balance of these Terms shall, notwithstanding, continue in full force and effect.
15. Additional Terms
Certain webpages and portals on the Website may contain terms and conditions in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern such webpages.