1. Introduction
Welcome to www.karen-keller.com (the “Website“). The Website is owned and operated by Karen Keller International, Inc. (“KKI“, “us” or “we“).
Please read these Terms of Use carefully before using the website. By visiting Karen Keller International, Inc. you are accepting the practices described in the Terms of Use. Carefully read these Terms of Use because by your use of this site and its services you will be expressly signifying that you agree to this policy and that you assent to the terms of this agreement, including the use of any personal information that you supply or that is collected about you as detailed in this agreement. If you do not expressly agree with all of the terms of this agreement you should not use this site to its services.
2. Privacy and Your Account
Please review our Privacy Policy, which also oversees your visit to the Website. We sell products/information to adults who can purchase with a credit card or other permitted payment method. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
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.
Data Security
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.
Data Integrity
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.
7. Submissions
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
You should be aware that when you visit the Website, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.
We want to inform you that third parties such as affiliates and advertisers use cookies on or in association with our Site. We often have no access or control over these cookies. We may also allow third party service providers to deliver special offers or services to Site users. We urge you to consult the privacy policies of any third party that you encounter on this Site.
Links to third-party websites may be provided solely for your information and convenience, or to provide additional shopping for various other goods and services. If you use these links, you may leave our Site. This Terms of Use does not cover the information practices of those websites linked to our Site, nor do we control their content or privacy policies. We suggest that you carefully review the privacy policies of each site you visit.
9. Disclaimer
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.
10. Indemnification
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use.
11. Updates and Revision to Terms of Use
Any updates or changes to the terms of this Terms of Use will be posted here on our Site and the date of the newest version posted below. Please check back frequently, especially before you submit any Personally Identifiable Information, to see if this Terms of Use has changed. Any material changes to this Terms of Use will be made conspicuous on this page. By using our Site and/or any of our Applications, you acknowledge acceptance of this Terms of Use in effect at the time of use.
12. Termination
These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related.
We may terminate these Terms of Use (including your access to and use of the Website) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.
The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.
13. Disputes
These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of Michigan only. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
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.
Arbitration under these Terms of Use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
14. Communications
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.
15. Miscellaneous
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.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.
If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.
Contact Information:
Karen Keller International, Inc.
333 Moser Drive
Bronson, MI 49028
