Terms and Conditions

Terms and Conditions

 

IMPORTANT! PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (“Terms and Conditions”) BEFORE USING THIS WEB SITE. These Terms and Conditions apply to the website located at, or linked to, the following URL: www.charmschool.com (collectively, the “Site” or “Sites”) however accessed or used.

By using our Site, you (a) acknowledge that you have read, understand, and expressly agree to be legally bound by these Terms and Conditions (including our privacy policy (“Privacy Policy”)), (b) agree to follow these Terms and Conditions and all applicable laws and regulations governing our Site, (c) represent and warrant that you are at least 18 years old, are a resident of the United States or lawfully consent to U.S. jurisdiction for all purposes on our Site as if a resident, and have the right, authority, and capacity to enter into these Terms and Conditions (either on behalf of yourself or the entity you represent if you are using this Site on behalf of an entity). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.

These Terms and Conditions are a legal agreement between you and Miss Katie’s Holding, LLC (“Miss Katie’s”, “us” or “we”) that is providing you the Site and the product or service offered on this Site. These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between you and Miss Katie’s regarding the subject matter hereof, your use of this Site and your purchase of any product or service using this Site. These Terms and Conditions shall supersede any subsequent terms or conditions included with any purchase order, to which notice of objection is hereby given, whether or not such terms or conditions are signed by Miss Katie’s. Any offer by Miss Katie’s is conditioned on your acceptance of these Terms and Conditions.

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site (and all past, present and future version) including, without limitation, graphics, layout, text, images, designs, logos, trade names and trade dress, the “look and feel” of the Site, and the compilation, assembly and arrangement of materials on the Site are owned, controlled or licensed by Miss Katie’s and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express written permission of Miss Katie’s. ANY UNAUTHORIZED USE OF THESE MATERIALS IS PROHIBITED.

Modification to Terms and Conditions

We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site. If you violate these Terms and Conditions, we may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you. You may print a copy of these Terms and Conditions using the print feature in your browser. We suggest retaining a copy for your future reference. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.

Intellectual Property Rights of Miss Katie’s

Our Site is owned and operated by us and are © 1998-2012, ALL RIGHTS RESERVED. “Site Content” means all features, materials, information, content, text, site design, graphics, logos, icons, images, audio and video clips, and software appearing on or offered on our Site, as well as the selection, assembly and arrangement thereof, and includes our greeting, hint, reminder or Track & Modify Your Order services, our Affiliate Program(s), the ability to order products and services and receive newsletters and promotional emails. Unless otherwise specified, all Site Content is the sole property of Miss Katie’s, its licensees or its suppliers/licensors. All Site Content is protected by U.S. and international copyright and other intellectual property laws. All rights not expressly granted herein are reserved. The following is a list of trademarks, trade names and service marks owned by Miss Katie’s: all common law rights or registered rights to the name “Miss Katie’s”, “Miss Katie’s Charm School”, the slogan “the place for grace” and any logo utilized by Miss Katie’s (including, without limitation, those bearing Florida registration number T05000001227 and federal trademark serial numbers 78648502 & 78648484) The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of Miss Katie’s in the United States and/or other countries. All other trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us at info@charmscool.com.

Accounts

Unless we allow “guest” purchases, you will need to establish an account with us to use certain features of the Site (e.g., to order products and services from the Site). During the account registration process you will be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; and (iii) you are not a competitor of Miss Katie’s, or agent thereof. You will immediately notify us of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. Please notify us at info@charmscool.com of any potential unauthorized use(s) of your account, or breach of security.

If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; (iii) you will not select or utilize a user name that Miss Katie’s in its sole discretion deems offensive; and (iv) you are not a competitor of Miss Katie’s, or an agent thereof.

 Permitted Use and Restrictions

 You agree that you are only authorized to visit, view, download, print, and retain a copy of pages of the Sites for your own personal use. We post legal notices (e.g., copyright and trademark notices and markings) and various credits on pages of our Site. If you download, print, or retain a copy of pages of the Sites, you may not remove these notices or credits or any additional information accompanying such notices and credits. Except as expressly provided above, you shall not use, upload, copy, print, display, perform, reproduce, license, sell, transfer, host, post, transmit, commercially exploit, duplicate, download, publish, modify, make derivative works of or otherwise distribute the Site (including the Site Content) in whole or in part, unless otherwise specifically authorized by us to do so in writing. You may not access the Site (including the Site Content) to build similar or competing websites. You may not disassemble, reverse compile or reverse engineer any software contained on the Site. If you wish to obtain permission to reprint or reproduce any Site Content you may contact us at info@charmschool.com. We reserve the right to modify, suspend, or discontinue the Site or any part thereof without notice to you. Any updates to the Site shall be subject to these Terms and Conditions.

 User Content from other Users, Links, Search Results, Advertising and Third-Party Sellers

Our Site may contain (a) User Content (defined below) provided by other users, (b) links to other sites operated by third parties, (c) advertisements and/or sponsorships provided by third parties, and (d) stores, services, or product lines offered by third parties ((a), (b) , (c), and (d) are collectively, “Third-Party Materials”). We have no control over and are not responsible and assume no liability for any Third-Party Materials or the applicable third parties. We are not responsible for any acts or omissions of such third parties. We do not review, approve, endorse, guarantee, warrant, or make any representations with respect to Third-Party Materials or the applicable third parties. For example, we do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or inoffensive or that these third party sites do not contain viruses or other features that may adversely affect your computer. You use all Third Party Materials and interact with such third parties at your own risk. We are not obligated to be involved in any disputes between you and any such third parties. When you leave our Site, our Terms and Conditions (including our Privacy Policy) no longer govern. You should carefully review the applicable third party privacy statements and other terms and conditions of use. Without limiting the forgoing, if you have a problem with a link from our Site, please notify us at info@charmschool.com.

You hereby release us, our subsidiaries, affiliates, officers, employees, agents, licensees and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties. In connection with the foregoing, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Violation of the Terms and Conditions

By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may suspend or terminate your access to, or bar your future access to, one or more of our Sites and to any services offered on our Site, and may modify or remove any User Content if we believe, in our sole discretion, that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law, these Terms and Conditions, or the rights of Miss Katie’s or another user. We will have no liability to you for any deletion of your User Content.

User Content and Postings

By providing, submitting, uploading any communications, reviews, comments, feedback, postings, materials, photographs or artwork, personalization content, or any other content for use on our Site or in connection with a product purchase (“User Content”), (a) you represent and warrant that (i) you or the owner of all rights to such User Content, (ii) that such User Content does not violate our Acceptable Use Policy (below), (iii) the User Content is not confidential and you have all necessary permission to submit such User Content, and (v) does not infringe upon, misappropriate or violate the rights of any third party including, without limitation, any intellectual property  right, right of publicity or privacy or any other proprietary right, (b) you hereby grant us, and agree to grant us, an irrevocable, perpetual, royalty-free, fully paid-up, assignable worldwide license (with the right to sublicense) in all languages to use, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, modify, sell and otherwise exploit all or any part of the User Content in our sole discretion by any method now existing or later developed, subject to our Privacy Policy, and (c) waive all of your moral rights in that User Content to the fullest extent permitted by law even if the User Content is altered or changed in a manner not agreeable to you. Subject to our Privacy Policy, any User Content will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services. Notwithstanding the foregoing, User Content that is Feedback will be assigned to Miss Katie’s in accordance with the Section on Feedback below.

We are not responsible for and we do not endorse the User Content posted on the Site. We do not have, and we do not undertake, any obligation to prescreen, monitor, edit or remove any User Content; however, we retain the right (but not the obligation) in our sole discretion and for any reason to prescreen, monitor, edit, refuse to accept, post, remove or move any User Content. Because we do not prescreen User Content, if your User Content contains offensive, indecent or otherwise objectionable content or infringes on the rights of any third party you will be legally responsible for that User Content.

Acceptable Use Policy

You agree that your User Content or other interactive areas of the Site will not (a) plagiarize, violate or infringe upon the rights of any third-party, including trade secret, copyright, trademark, trade dress, privacy, patent, moral right, publicity, or other personal or proprietary rights, (b) contain unlawful, tortuous, threatening, harmful, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, inappropriate, offensive, harassing, or other unacceptable material or materials that are harmful to minors, or (c) reveal another person’s address, phone number, email address, credit card number or any other information that may be used to track, contact or impersonate that person or is otherwise personal in nature. All User Content must be original with you, not copied from someone else’s work, and you must have all rights in the User Content or permission from those who have any rights in the User Content. If you upload photos or images of people you must have permission of anybody visible.

You agree that you will not use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site;  (g) engage in any illegal activities, or (h) include irrelevant topics (political, religious or personal matters).

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions (including our Privacy Policy), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.

Privacy

We respect and make efforts to protect the privacy of all users of our Site. Our current Privacy Policy available at http://www.Charmschool.com/privacy is hereby incorporated herein by reference and made a part of the Terms and Conditions.

DMCA Policy

If you are notifying Miss Katie’s of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:

A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;

A description of the allegedly infringing material and information sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;

A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and

A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

Designated Agent for Notification of Claimed Copyright Infringement: Miss Katie’s, 19575 Biscayne Blvd., #1501, Aventura, Florida 33180, Attn. Trademark Infringement.

We may terminate the privileges of any user who uses the Site unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.

Feedback

We welcome all comments, feedback, information, or materials regarding our Site (“Feedback”), which you submit to us by email or otherwise through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of Miss Katie’s. By submitting Feedback to us, you hereby assign, and agree to assign, to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback, at no charge. We shall be free to use Feedback on an unrestricted basis in our sole and absolute discretion.

Prices; Colors; Availability, Depiction of Items

All prices listed on the Site are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, 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 canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Please note that the colors of items and products may depend on your monitor and may not be correctly displayed. In addition, because some products are hand-made, the actual product may be a different size, character, quality, texture, exclude features or contain features different from the product depicted on the Site.

The availability of products and other items on the Site may change at any time, without notice.

Order Acceptance Policy

You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through the Site. Submission of your order or your receipt of an electronic or other form of order confirmation constitutes an offer by you to purchase and does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.

Payment Terms

For each product or service you order on the Site, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless you and Miss Katie’s have agreed to an alternate billing arrangement in writing signed by Miss Katie’s, Miss Katie’s will automatically bill your credit card submitted as part of the order process for such price. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.

Sales Taxes

Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the quoted price of the products depicted on the Site. We shall automatically charge and withhold the applicable sales tax for orders from www.charmschool.com to be delivered to addresses within Florida. We shall automatically charge and withhold the applicable sales tax for orders from www.charmschool.com to be delivered to addresses within California, Colorado, Illinois, New York, Ohio, Pennsylvania and Vermont.

We shall automatically charge and withhold the applicable sales tax for orders from www.charmschool.com to be delivered to addresses within California, Illinois and New York.

Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges (except for taxes on Miss Katie’s net income), on orders shipped to any other state or on orders shipped outside the United States.

We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.

For Oklahoma purchasers, the tax may be reported and paid on the Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov.

We may be required by Colorado law to provide purchasers an end-of-year summary of Colorado purchases in order to assist purchasers in filing their tax returns. We also may be required by law to provide the Colorado Department of Revenue with a report of the total amount of all your purchases at the end of the year.

Specials, Promotions and Sweepstakes/Contests

Any special, promotion, sweepstakes or contest that may be offered on the Site may be governed by a separate set of rules. Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. By participating in any special, promotion, sweepstakes or contest you will be subject to those special rules. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.

Shipping and Delivery

Miss Katie's, in conjunction with our service providers, will attempt to deliver a product on the requested delivery day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address.

Miss Katie's is not responsible for:

Gift products and items delivered to incorrect addresses supplied by the sender.

Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.

Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.

Product quality problems caused by improper handling by the recipient.

Free shipping offers are valid only on weekday deliveries to addresses within the Continental United States.

Order Cancellation Policy

Miss Katie's does not allow orders to be edited or cancelled after acceptance of the order pursuant to our Order Acceptance Policy described above or, if earlier, within forty-eight (48) hours of the requested delivery date or within the seven (7) days prior to Thanksgiving, Christmas, Valentine’s Day, Father’s Day or Mother’s Day (because of our extremely high volume of orders during these times).

NO GUARANTY OR WARRANTY

WTHE SITE INCLUDING, WITHOUT LIMITATION, THE PRODUCTS OFFERED FOR SALE ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW. MISS KATIE’S MAKES NO AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE, OUR PRODUCTS, SERVICES AND SITE CONTENT INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET TITLE, AND ACCURACY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A REPRESENTATION OR WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT MISS KATIE’S DOES NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL AND MISS KATIE’S EXPLICITLY DISCLAIMS SUCH WARRANTY.

OUR SOLE AND EXCLUSIVE OBLIGATION OR LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE, IN OUR SOLE AND ABSOLUTE DISCRETION, TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT PRODUCT ITEMS, AS SOON AS REASONABLY POSSIBLE.THE APPLICABLE CLAIM MUST BE BROUGHT WITHIN (30) DAYS AFTER DELIVERY OR WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH PRODUCT ITEMS.NOTWITHSTANDING THE FOREGOING, ANY MONOGRAMMED AND PERSONALIZED GIFTS ARE NOT ELIGIBLE FOR EXCHANGE OR REFUND UNLESS THEY ARE DELIVERED DAMAGED.

WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, OUR SITE (INCLUDING OUR SITE CONTENT) MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE (INCLUDING OUR SITE CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT PROMISE THAT OUR SITE (OR SITE CONTENT OR SERVICES) WILL BE ERROR-FREE, TIMELY, SECURE, VIRUS FREE, OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE (OR SITE CONTENT) WILL PROVIDE ANY SPECIFIC RESULTS.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction. If applicable law requires any warranties with respect to the products or services, all such warranties are limited to the duration of the applicable express remedy above.

Limitation of Liability

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, MISS KATIE'S, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, LICENSEES AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITE OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, ANY USER CONTENT, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY MISS KATIE’S OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE, ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNER, ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION, OR ANY DAMAGE TO ANY USER’S COMPUTER HARDWARE, SOFTWARE, CELLULAR PHONE MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID FOR THE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, TEN DOLLARS ($10). YOU AGREE THAT ANY DAMAGE CAUSED BY MISS KATIE’S, THIS SITE OR USE FO THIS SITE IS NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO ANY INJUNCTION TO PREVENT THE DEVELOPMENT, PRODUCTION, DISTRIBUTION OR EXPLOITATION OF THE SITE, ANY PRODUCT SOLD BY MISS KATIE’S OR ANY BUSINESS CONDUCTED BY MISS KATIE’S.

BY ACCESSING THE SITE YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.

Basis of Bargain

THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN MISS KATIE'S AND YOU. MISS KATIE’S WOULD NOT BE ABLE TO PROVIDE THE SITE (INCLUDING THE PRODUCTS, SERVICES, AND SITE CONTENT) ON AN ECONOMICALLY ACCEPTABLE BASIS WITHOUT SUCH LIMITATIONS. THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY INURE TO THE BENEFIT OF MISS KATIE'S SUPPLIERS AND LICENSEES.

Governing Law; Dispute Resolution 

ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND MISS KATIE'S OR ANY OF MISS KATIE’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSEES OR RELATING IN ANY WAY TO THE SITE INCLUDING, WITHOUT LIMITATION, CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY AND PRACTICES (A) SHALL BE ASSERTED SOLELY IN THE STATE COURTS LOCATED IN MIAMI-DADE COUNTY, FLORIDA AND YOU HEREBY CONSENT TO AND SUBMIT YOURSELF TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THAT COURT, (B) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT SHALL BE THEREAFTER WAIVED, AND (C) YOU WAIVE ANY RIGHT YOU MAY HAVE TO A JURY TRIAL to the extent any dispute arises from a violation of your or Miss Katie's intellectual property rights in any manner, the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief)and may do so in another forum if necessary to obtain effective relief to prevent any infringing use. You expressly agree that no other disputes shall be consolidated or joined with any such proceeding whether through class proceedings or otherwise.  By using the Site, you acknowledge that you are voluntarily and knowingly waiving any right to participate as a representative or member of any class of claimants pertaining to any dispute subject of these Terms and Conditions, such that you shall not be entitled to pursue any such dispute as a representative, a class action or in a private attorney general capacity.

These Terms and Conditions and all disputes subject hereof shall be governed in all respects by the laws of the State of Florida without regard to conflict of law provisions.

If any portion of this “Dispute Resolution” section is deemed invalid or unenforceable by any court of competent jurisdiction, the invalid or unenforceable portion shall be severed and removed from the Terms and Conditions, and the remaining portions shall remain binding on you and Miss Katie's.

Outside the United States

We make no representations that the Site Content is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Indemnity

By using our Site, you agree to indemnify and hold Miss Katie's, its subsidiaries, affiliates, officers, licensees, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or activities in connection with the Site including providing a link to another site; any User Content; your violation of these Terms and Conditions; your violation of any laws, rules, regulations, codes, statutes, orders or ordinances of any governmental or quasi-governmental authority; information or material transmitted through your computer or other device, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent or other right of any person or defames any person; any misrepresentation made by you; or the use of your information as permitted by these Terms and Conditions including Privacy Policy. You will cooperate as fully as required by Miss Katie’s in the defense of any such claim. Miss Katie’s reserves the right to assume the exclusive defense and control of any matter subject to indemnification. You will not settle any claim subject to indemnification without the prior written consent of Miss Katie’s.

Severability

If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law.

Other General Provisions

Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions. As used herein, the term “including” means “including without limitation”. Our failure to enforce any right or provision shall not operate as a waiver of such right or provision. Neither party is the agent or partner of the other party. These Terms and Conditions may not be assigned by you without our prior written consent and any attempted assignment in violation of the foregoing shall be null and void. We may assign any of our rights under these Terms and Conditions without your prior written consent, to any third party. The terms of these Terms and Conditions shall be binding upon permitted assignees.

How to Contact Us

If you have any comments or questions, please do not hesitate to contact us at info@charmschool.com or write us at:

 

Miss Katie's

19575 Biscayne Boulevard #1501

Aventura, FL 33180