This section contains the Terms of Use of this website. By accessing this website and any of its pages, you are agreeing to these Terms. Kathy’s House reserves the right to amend the terms from time to time without notice.
By accessing, browsing and/or using this website, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use (“Terms”), including the privacy policy (the “Privacy Policy”), and to comply with all applicable U.S. laws and regulations. In addition, you agree not to in any way alter or tamper with the software on or the operations of this website or in any way compromise the security of the website or Kathy’s House’s services. If you do not or cannot agree to the Terms and/or the Privacy Policy, please do not use the Website or any of the services offered through the Website. In addition, from time to time, Kathy’s House may need to change or modify these Terms and/or the Privacy Policy and, as such, Kathy’s House reserves the right, in its sole discretion, to do so. Your continued viewing of or use of the website following the posting of any changes to the Terms and/or the Privacy Policy will signify your assent to any such changes.
CLIENT WEBSITE’S INTELLECTUAL PROPERTY RIGHTS
Kathy’s House displays content on the Website for you to examine. An example of some of the content includes: text, graphics, photographs, pictures, drawings, animation, audio, video, literature and any other material distributed in connection with this Website. Moreover, Kathy’s House attempts to display the content in a way that will be easily accessible and useful for you, the customer. Therefore, the selection and arrangement of this content, as well as the software published on the Website, are owned and copyrighted by either Kathy’s House or by a third party that authorizes Kathy’s House to make such content available to you. In addition, all the trademarks, service marks, trade names, product names, company names, domain names, patents and logos appearing on this website are proprietary to Kathy’s House or are the property of their respective owners. Also, unless approved in writing in advance by Kathy’s House you agree not to: (a) provide or create a link to the website; and (b) create any frames at any other websites pertaining to or using any of the content located at this Website. If you do want to link to the Website, please contact Webmaster at info@kathy’s-house.com to seek approval. However, if you like, you may copy the content for your personal use, but you must retain any copyright, trademark, patent and/or other proprietary notice on the copied information. Furthermore, these Terms do not give you any right to reproduce, distribute, transmit, publish or commercially exploit any information provided by Kathy’s House without permission of the owner of the copied information.
WARRANTY DISCLAIMER
THE CONTENT AND SERVICES OF KATHY’S HOUSE AND ACCESS TO THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KATHY’S HOUSE DOES NOT WARRANT THAT ANY PART OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KATHY’S HOUSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS WEBSITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THIS WEBSITE BEFORE ACTING ON IT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY SUCH LAW. KATHY’S HOUSE EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON WEBSITES THAT LINK TO OR FROM THE WEBSITE. KATHY’S HOUSE CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY WEBSITES AND/OR RELATED SERVICES NOR DOES KATHY’S HOUSE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST KATHY’S HOUSE WITH RESPECT TO SUCH WEBSITES AND SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, KATHY’S HOUSE’S NEGLIGENCE, SHALL KATHY’S HOUSE BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, ANY OF KATHY’S HOUSE’S CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF KATHY’S HOUSE OR AN KATHY’S HOUSE REPRESENTATIVE 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 OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT PERMITTED BY SUCH LAW. FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS KATHY’S HOUSE AND, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THIS WEBSITE IN VIOLATION OF THESE TERMS AND/OR THE PRIVACY POLICY OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY PERSON OR ENTITY.
GOVERNING LAW; VENUE; WAIVER; SEVERABILITY
The laws of the State of Illinois (excluding any principles of conflicts of laws) govern your use of the Website, services and this Agreement. Any legal action or proceeding relating to your access to, or use of, this Website or Kathy’s House’s services MAY be instituted in a state or federal court located in ILLINOIS, U.S.A. You and Kathy’s House hereby agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Furthermore, no delay or omission by Kathy’s House to exercise any right or any noncompliance on your part with respect to the Terms and/or the Privacy Policy shall impair any such right or be construed to be a waiver by Kathy’s House. If any provision of the Terms and/or the Privacy Policy is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
