Welcome to www.karen-keller.com (the “Website“). The Website is owned and operated by Karen Keller International, Inc. (“KKI“, “us” or “we“).
2. Privacy and Your Account
3. Restrictions on Use
All content contained on the Website (cooperatively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Website. Content of the Website or any other Internet site owned, operated, licensed, or controlled by us cannot be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.
Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
4. Use and Protection of Passwords and User ID.
KKI will assign a password and account User ID to you so you can access and use certain areas of the Website. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and KKI shall have no obligation to investigate the authorization or source of any such access or use. It is your responsibility to safeguard the user name and password you use to access our Site and/or our Applications, and to promptly advise KKI if you ever suspect that your user name and password have been compromised. We strongly encourage you to change your password regularly to prevent unauthorized access. Because your user name and password are specific to you, you acknowledge sole responsibility for any and all use of our Site and/or our Applications conducted with your user name and password
5. Use of Personal Information
KKI may use your e-mail address to send the following types of e-mail messages to you:
Updates and Valuable Offers. We may send you e-mail account updates and offers for our products and services.
Regularly Scheduled E-mail Newsletters. We may send you e-mails related to our products or services in which you are enrolled or newsletters that you have elected to receive.
Account Service Information. We may send you e-mail service notifications that are related to your account(s) or products and services in which you are enrolled. These include e-mails that provide account information, answer your questions about a product or service, facilitate or confirm a sale, or fulfill a legal or regulatory disclosure requirement.
Optional Messages. You may also choose to receive other types of e-mail messages from us, including additional alerts and notifications beyond those noted above.
KKI shall take reasonable steps to protect the Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. KKI has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Information from loss, misuse, unauthorized access or disclosure, alteration or destruction. KKI cannot guarantee the security of Information on or transmitted via the Internet.
KKI shall only process Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by our clients. To the extent necessary for those purposes, KKI shall take reasonable steps to ensure that Personal Information is accurate, complete, current and reliable for its intended use.
Access and Correction
KKI processes data under the guidance and direction of our clients. If an individual becomes aware that information we maintain about that individual is inaccurate, or if an individual would like to update or review his or her information, the individual must contact us and request amendments.
6. System Requirements
Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). KKI may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.
Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. This may require updates. You acknowledge and agree that it is your sole responsibility to comply with, update, maintain and upgrade the system requirements of your Software and/or Device including the payment of all Internet access, Software, and Device fees without recourse to KKI.
You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.
Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we shall have the unrestricted rights to the use for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.
Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.
8. Content Linked to Website
The content on the website is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in any content will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make such content available are free of viruses or other harmful components and you assume all costs associated with necessary servicing, repair or correction of any of your equipment or software.
We disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the website. KKI does not endorse any of the merchandise found on linking sites.
The website and products/services contained on the website are not substitutes for the advice and treatment of a licensed health care professional. Not all products and services are suited for everyone. The creators of any products/services do not assume any liability to users for injury or loss in connection therewith. We do not assume any liability concerning any treatment or any action following the information offered or provided within or through the website. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
You acknowledge that you have carefully read this ‘Waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties from any and all claims or causes of actions and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against and indemnified party for personal injury or property damage.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential binding arbitration in Branch County, Michigan, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Branch County, Michigan, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.
Karen Keller International, Inc.
333 Moser Drive
Bronson, MI 49028