The following Terms of Service (collectively, these “Terms of Service”) apply to your use of products and services provided by Georgia G Kaye, LLC (the “Company”) including, without limitation, any content, functionality, and services offered on or via the Company website.
Please read these Terms of Service carefully before you start using the Products. By using the Products, you accept and agree to be bound and abide by these Terms of Service.
These Terms of Service are effective as of July 17, 2020. The Company expressly reserves the right to change these Terms of Service from time to time and posting revisions serve as notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Products after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
Definition of ProductsThe term “Products” as used in these Terms of Service refers to digital products offered for sale by the Company via the Company’s website.
Product PricingProducts will be priced according to information shown on the Company’s website only, however the Company will not be responsible for incorrect pricing where the incorrect price was displayed through no fault of the Company, including without limitation technological faults.
Prices for the Products are subject to change without notice.
The Company reserves the right at any time to modify or discontinue any Product (or any part or content thereof) without notice at any time.
The Company shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any Product or portion thereof.
Return PolicyDue to the nature of the Products, the Company cannot accept returns or offer refunds of any kind. If you have an issue with the transmission or receipt of Products you have purchased, please contact the Company at email@example.com.
Right To Refuse BusinessWe reserve the right to refuse service to anyone for any reason at any time.
Payment Processing Terms of ServiceCredit card and other payment information is transmitted according to the policies and procedures of the Company’s payment processor(s). There policies can be found here for Stripe and here for PayPal. It is your responsibility to review these terms. If you have any questions regarding the terms of the Company’s payment processor
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products without express written permission from the company.
Intellectual PropertyBy accepting these Terms of Service, you acknowledge and agree that all content presented to you by the Company may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and those now owned by third parties are the sole property of the Company.
The Company grants you a non-exclusive, revocable, limited, non-transferrable license to use the Products only as expressly authorized by the Company. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Products in any form or by any means without prior written permission from the Company. You alone are responsible for obtaining permission before reusing any copyrighted material that is available through the Products.
TrademarksThe Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You are not permitted to use such marks without the prior written permission of the Company and the Company reserves the right to refuse such permission for any reason whatsoever or for no reason. All other names, logos, product and service names, designs, and slogans on Company materials are the trademarks of their respective owners.
Prohibited UsesYou may use the Products only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Products:
Disclaimer of Warranties, Limitations of Liability and IndemnificationYour use of the Products is at your sole risk. The Products are provided “as is” and “as available”. The Company disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company is not liable for damages, including without limitation, direct, indirect, or consequential damages, resulting from your use of the Products, and you agree to defend, indemnify, and hold the Company harmless from any claims, losses, liability, costs, and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Products. Because the Products are digital products and may not be error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PRODUCTS.
NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In no event will the Company’s total liability to you exceed the amounts actually paid by you to the Company for the Products.
Term and TerminationThis Terms of Service will become binding on you when you purchase one or more of the Products and will remain effective and in force the entire time you are using the Products.
The Company reserves the right to terminate or suspend your account at any time in case of unauthorized, or suspected unauthorized use of the Products whether in contravention of this Terms of Service or otherwise. If the Company terminates or suspends your account, its liability will nevertheless by limited by these Terms of Service.
Dispute ResolutionIf the parties cannot themselves resolve a dispute arising out of or related to these Terms of Service, they shall attempt to resolve such dispute through mediation under the auspices of the American Arbitration Association, in St. Louis, Missouri, with the parties sharing equally the costs of mediation. Except to the extent necessary to prevent irreparable harm or to preserve rights or remedies, neither party shall initiate arbitration or litigation until sixty (60) days after the first mediation conference, unless the other party has materially breached its obligations set forth in the preceding sentence.
Governing Law and JurisdictionAll matters relating to the Products, your use of the Products, and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction). Access to the Products may not be legal by certain persons and/or in certain areas. If you access the Products, you do so on your own initiative and are responsible for compliance with all applicable area laws.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service, the Products, or your use of the Products, shall be instituted exclusively in the federal or state courts located in the County of St. Louis although the Company retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts and explicitly consent to such jurisdiction.
HeadingsThe headings used in this agreement are included for convenience only and will not limit, expand, or otherwise affect these Terms of Service.
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