Kimberly Delaney Enterprises LLC

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Terms and Conditions

Posted on June 28, 2014 at 2:40 PM

Terms and Conditions 

 

Please take the appropriate amount of time to carefully read the following terms and conditions befrore using this website.


All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you use this site that means that you agree to these terms and conditions, on this site. 



Copyright 

 

All information and/or content provided by Kimberly Delaney Enterprise website is protected by copyright laws and is owned by Kimberly Delaney Enterprise. The information and/or content includes, but is not limited to graphics, images, photographs, audio clips, video clips, texts, and articles. The entire content included in this site, including but not limited to text, graphics , code, and Kimberly Delaney Enterprise Logo is copyrighted as a collective work under the United States and other copyright laws, and is the property of Kimberly Delaney Enterprise. The collective work includes works that are licensed to Kimberly Delaney Enterprise. Copyright 2013, Kimberly Delaney Enterprise ALL RIGHTS RESERVED. You may not publish, modify, copy, distribute, sell, transfer, or reproduce in any way the material on this website without prior written permission from Kimberly Delaney Enterprise. You may not , without the permission of Kimberly Delaney Enterprise mirror or frame any material which is contained on this website. Permission is not granted for your commercial use. Commercial use, downloading, reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Kimberly Delaney Enterprise. You further agree not to change or delete any proprietary notices from materials from this site. The unauthorized use of any of the material contained on this website may violate certain copyright laws, trademark laws, communications regulations and status, and laws concerning privacy and publicity.


Trademarks 


All trademarks, service marks and trade names of Kimberly Delaney Enterprise used in the site are trademarks or registered trademarks of Kimberly Delaney Enterprise.


 

Warranty Disclaimer

 

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kimberly Delaney Enterprise disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kimberly Delaney Enterprise does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Kimberly Delaney Enterprise does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.



Limitation of Liability 

 

Kimberly Delaney Enterprise shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Kimberly Delaney Enterprise has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

 

Typographic Errors

 

In the event that a Kimberly Delaney Enterprise product is mistakenly listed at an incorrect price, Kimberly Delaney Enterprise reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kimberly Delaney Enterprise reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kimberly Delaney Enterprise shall issue a credit to your credit card account in the amount of the incorrect price.



Term: Termination

 

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Kimberly Delaney Enterprise without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

Notice 

 

Kimberly Delaney Enterprise may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Kimberly Delaney Enterprise.



Miscellaneous 

 

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Kimberly Delaney Enterprise products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Kimberly Delaney Enterprise products) must be commenced within one (1) year after the claim or cause of action arises. Kimberly Delaney Enterprise failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kimberly Delaney Enterprise may assign its rights and duties under this Agreement to any party at any time without notice to you.



Use Of This Site

 

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kimberly Delaney Enterprise or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


 

Participation Disclaimer

 

If any other website links are posted on this website in a section reserved for other businesses, Kimberly Delaney Enterprise reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kimberly Delaney Enterprise in its sole discretion.



Indemnification 

 

You agree to indemnify, defend, and hold harmless Kimberly Delaney Enterprise, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


 

Third - Party Links 

 

This site may contain links that will let you access other websites that are not under the control of Kimberly Delaney Enterprise. In an attempt to provide increased value and convenience to our visitors, but Kimberly Delaney Enterprise does not endorse any of these sites. Kimberly Delaney Enterprise may link to sites operated by third parties. However, even if the third party is affiliated with Kimberly Delaney Enterprise, Kimberly Delaney Enterprise has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kimberly Delaney Enterprise. Kimberly Delaney Enterprise assumes no responsibility for any material that may be accessed on other websites reached through this site, nor does Kimberly Delaney Enterprise make any representation regarding the quality of any product or service contained at any such site. Kimberly Delaney Enterprise has no responsibility or liability for any material on other websites that may contain links to this site. Remember that these linked sites are only for your convenience and therefore you access them at your own risk. However, Kimberly Delaney Enterprise seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). 



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