KatieKieffer.com – Terms and Conditions
Thank you for visiting our KatieKieffer.com (this “Site”)! This Site is operated by Katie Kieffer LLC (“Company,” “we,” “us” or “our”) and allows you to: (a) participate in interactive features that we may make available; (b) post to our Site and forums; or (c) simply view this Site. These Terms and Conditions (these “Terms and Conditions”) govern your use of this Site, and your agreement is a condition of using the Site.
Binding Effect; Modifications to these Terms and Conditions.
IMPORTANT – PLEASE READ: This is a binding agreement. By using the Site or any services provided in connection with the Site, you agree to abide by these Terms and Conditions, as they may be amended by Company from time to time in its sole discretion. Company reserves the right to make changes to these Terms and Conditions at any time and from time to time. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the Site. Any use by you of the Site after such revisions shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions. You agree to review these Terms and Conditions periodically to be aware of such revisions. If at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site and cease all use.
Age Requirements for General Use of Site.
Registration and participation on the Site is restricted to those individuals at least 18 years of age, or those who possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the Site, you hereby represent that you are at least 18 years of age, or in possession of consent by a legal parent or guardian and who have entered into the terms herein on your behalf.
We are a general audience site and do not direct any of our content specifically at children under 13 years of age. By using this Site, you affirm that you are at least 13 years of age. If you are under 13 years of age, do not use the Site. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn that a Site user is not at least 13 years of age, we will promptly delete any personal information in that user’s account.
Modifications to the Site.
Company shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Site including, but not limited to, the content, products, availability, and equipment needed for access or use.
Copyrights, Trademarks and Other Proprietary Rights.
When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit to or through the Site.
All content on the Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire contents of the Site are copyrighted as a collective work under the United States copyright laws and Company owns the copyright in the selection, coordination, arrangement and enhancement of such content.
All trademarks appearing on the Site are the property of their respective owners, including, in some instances, Company, and/or partner companies. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
Katie Kieffer®, the double-K logo, and KatieKieffer.com are among the trademarks, service marks, registered trademarks, trade dress and domain names of Katie Kieffer LLC. The following are among the copyrighted and trademarked works owned by Katie Kieffer LLC:
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY KATIE KIEFFER LLC.
You may print or have printed by any third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial, non-defamatory, and personal use; (ii) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Site without the express written permission of Company and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Accessing the Website and Account Security.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.
If you choose a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security, including but not limited to, if you lose your user name or password. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms and Conditions.
Communications to the Site; License to Company.
You hereby grant to Company a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicenseable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media, or technology now known or later developed, all communications, including but not limited to all product reviews, remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site (“User Content”), whether by email, posting, uploading or otherwise. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content.
We welcome your feedback and suggestions about how to improve this Site and our products. However, should you submit any feedback or suggestions, you hereby assign to Company any ideas, suggestions, information, know-how, material, or any other content (collectively, “Feedback”), received through this Site for any purpose, commercial, public or otherwise, without the need for approval or additional compensation of any sort to you, in any form, media, or technology now known or later developed. You hereby waive any claim to the contrary.
Prohibited Activity on the Site.
You agree not to use any device, software or routine to interfere with the proper functioning of the Site. You further agree not to use any software, tool, data, device or other mechanism to navigate or search the Site other than the search engine provided by Company or generally available browsers.
You are solely responsible for the content and context of any materials or information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which:
- are unlawful, harmful, defamatory, threatening, harassing, obscene, vulgar, hateful, abusive, profane, or invasive of a person’s privacy;
- restrict or inhibit any other user from using and enjoying the Site;
- constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
- solicit personal information of/from others;
- contain a virus or other harmful component;
- contain advertising of any kind, including but not limited to, chain letters, pyramid schemes, solicitations or other advertisements;
- contain false or misleading indications of origin or statements of fact;
- include information you are not authorized to disclose (including trade secrets or inside information about a company);
- infringe any third-party rights, including rights under copyright, patent, trademark or trade secret, or any rights of privacy or publicity;
- impersonate any person or entity, including, without limitation, any owner or manufacturer of any product; or
- Company, in its sole direction, otherwise determines to be offensive.
Company reserves the right to remove, edit, move, or close any thread for any reason or for no reason whatsoever. In addition, Company reserves the right to preserve any material it receives from you and will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of, help identify, or locate anyone transmitting any such content.
Monitoring; Procedure for Copyright Complaints.
You agree that Company has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to product reviews, bulletin boards, email, and other forums that Company may offer. Notwithstanding this right, Company does not and cannot review all materials posted to the Site by users, and Company assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. If notified, Company may investigate an allegation that content transmitted to this Site is in violation of these Terms and Conditions and determine whether to have the communication removed from this Site. However, Company is under no obligation to remove content transmitted by third parties from this Site and assume no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Company may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Company by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
- Information reasonably sufficient to permit Company to contact the complaining party, such as a valid address, valid telephone number, and a valid electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the DMCA takedown notice / communication to (with a subject line of “DMCA Takedown Notice for Content on KatieKieffer.com”):
CT Corporation System
1015 15th Street NW, Suite 1000
Washington, DC 20005
Third Party Sites.
Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, web-sites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Company is not responsible or liable for any damages claimed in connection with content or products available from such external sites.
Disclaimer of Warranty; Limitation of Liability.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THE SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST DATA, AND CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Exclusions and Limitations.
Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.
You agree to indemnify, hold harmless and, upon request, defend Company and its respective directors, officers, employees, agents, and members from and against all claims and expenses, including attorneys’ fees, arising out of or relating to your browsing or use of the this Site, content you transmit to this Site, your violation of any rights of another, or your breach of these Terms and Conditions. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Company.
Waiver of Class Action Rights.
By entering into these Terms and Conditions, you hereby irrevocably waive any rights you may have to join claims with those of others in the form of a class action or any similar procedural device. Any claims which may arise as a result of, or should relate to these Terms and Conditions, or use your use of this Site, must be asserted individually.
Governing Law and Venue.
These Terms and Conditions shall be governed by the laws of the State of Minnesota, without respect to its conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota in all disputes arising out of or related to the use of the Site.
If legal proceedings are commenced to enforce any of the provisions of these Terms and Conditions, or any rights existing hereunder, in addition to any damages which may be claimed, the prevailing party shall be entitled to an award of costs and reasonable attorneys’ fees incurred by it in connection with the prosecution or defense of such action.
These Terms and Conditions sets forth the entire understanding and agreement between you and Company with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the Site, including the fees associated with any equipment necessary to access the Internet and the fees charged by your mobile carrier or service provider. The Site may not be maximized for optimum use on all devices or in conjunction with third party software and operating systems.
If you have any questions or comments regarding these Terms and Conditions or the Site, please feel free to contact us by email at [email protected]
Last Updated: December 2015
© 2009 – 2016 Katie Kieffer LLC. All rights reserved.