Welcome to our Website (the “Website”). Karlene Karst (“Karlene Karst,” “we,” “us,” or “our”) provides the following Terms & Conditions Agreement (the “Agreement” to govern your use of the Website owned and operated by Karlene Karst (the “Service.”) Please carefully review this entire Agreement. The Service is offered to you conditioned on your acceptance without limitation or modification of the terms, conditions, and notices contained in the Agreement. By accessing and using the Service, you are accepting and providing your binding consent to all such terms, conditions, and notices. If you do not agree to be bound by this Agreement, you are not authorized to use this Service. Please print and keep a copy of this Agreement.
2. Accuracy of information
The Website contains information and resources related to Karlene Karst and its products. We attempt to be as accurate as possible with this information when describing our products on the Website. However, we do not warrant that the product descriptions, colors, or other content on the Website are accurate, complete, reliable, current, or error-free.
3. Intellectual property
All content available on the Website, including, but not limited to, text, graphics, sounds, logos, button icons, images, audio clips, data compilations, and software, and the compilation or arrangement thereof (the “Content”) is the property of Karlene Karst, our affiliates, our partners or our licensors, and is protected by domestic and international copyright and other intellectual property laws. Except as may be expressly authorized by this Agreement or on the Website, you may not copy, reproduce, republish, download, display, post, distribute, or create derivative works or make any other prohibited use of the Content, without the prior written authorization of Karlene Karst and/or the respective copyright owner. The trademarks, tradenames, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Karlene Karst, our affiliates, our licensors or our partners, in Canada and other countries, and are protected by domestic and international trademark laws. You may not copy, imitate or otherwise use of the Trademarks, in whole or in part, without the prior written authorization of Karlene Karst and/or the respective trademark owner.
4. No professional advice
5. Modification of this Agreement
Karlene Karst reserves the right to amend this Agreement at any time without prior notice to you in its sole discretion. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your access and use of the Service after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If at any time you do not wish to accept this Agreement or any modification thereto, you are not thereafter authorized to use the Service.
6. Third-party links
The Website may include hypertext links to other websites solely for the purpose of helping you identify and locate other sources of information that may be of interest. If you use these links, you will leave the Website. We do not control and are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for your convenience only and are not an endorsement by us, our affiliates, or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is solely at your own risk and discretion. We are in no way responsible for examining or evaluating, and we do not warrant, the offerings of off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Websites, including, without limitation, their privacy statements and terms and conditions, or of your use or inability to use such off-Website pages or other websites. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
7. Choice of law and forum
This Agreement shall be governed by and construed in accordance with the laws of British Columbia, excluding its conflict of law rules. You and Karlene Karst expressly agree to submit to the exclusive jurisdiction and venue of the courts of British Columbia in all disputes arising out of or relating to the use of this Service.
8. Limitation of liability
You expressly understand and agree that your use of the Site is at your sole risk. You agree that the Site and Site content are provided on an “as is” and “as available” basis, and is for your personal, private use only without any representations or warranties of any kind or nature whatsoever. Except as otherwise expressly provided in this Agreement, Karlene Karst, to the Fullest extend permitted by law, expressly disclaim all express or implied conditions, representations, and warranties, of any kind or nature, including but not limited to the implied warranties of merchantability, fitness, for a particular purpose and non-infringement. In no event will Karlene Karst or its affiliates or any party involved in creating, producing, or delivering the Service, be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the Service or any linked services, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. Karlene Karst reserves the right to alter the content of the Service in any way, at any time, for any reason, without prior notification, and will not be liable for possible consequences of such changes. These limitations apply even if Karlene Karst has been advised of the possibility of such damage. Because some jurisdictions do not allow the disclaimer or certain warranties or exclusion or limitation of liability for incidental or consequential damages, Karlene Karst’s liability in such jurisdictions in respect of the disclaimers, exclusions, and limitations set forth in this Agreement shall be disclaimed, excluded and limited to the fullest extent permitted by law.
You agree to defend, indemnify, and hold us harmless for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
10. No waiver
The failure of Karlene Karst to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any of the Terms & Conditions of this Agreement are held to be invalid or unenforceable by a court of competent jurisdiction, such Terms & Conditions shall be restricted or eliminated to the minimum extent of such invalidity or unenforceability, and the remaining Terms & Conditions shall otherwise remain in full force and effect notwithstanding such restriction or elimination.
12. Entire Agreement
Posting Date: November 16, 2017