KatieMohar.com - Terms and Conditions
Thank you for visiting KatieMohar.com (“Site”)! This Site is operated by Gavimore LLC (“Company”). These Terms and Conditions (“Terms and Conditions”) govern your use of this Site, and your agreement is a condition of accessing or receiving information from or through the Site.
Binding Effect; Modifications to these Terms and Conditions.
IMPORTANT – PLEASE READ: This is a binding agreement. By accessing or requesting information from this Site, you agree to abide by these Terms and Conditions. Company may make changes to these Terms and Conditions at any time. Such changes shall be effective immediately upon posting on this Site. Any use by you of this Site after such revisions shall conclusively be deemed to be acceptance by you of such changes. You agree to review these Terms and Conditions periodically to be aware of such revisions. If at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site.
Age Requirements for General Use of Site.
We are a general audience site and do not direct any of the Site content specifically at children under 13 years of age. By using this Site, you affirm that you are at least 18 years of age or have permission from your parent or legal guardian to access the Site.
Copyrights, Trademarks and Other Proprietary Rights.
All content on this Site, including text, photos, video, graphics, music and sound, is protected by trademark and copyright laws. All right, title and interest in and to this Site, including but not limited to the content of the Site is owned by Gavimore LLC or its licensors. Use or reproduction of the photographs contained on site is strictly prohibited unless prior written consent has been obtained from Gavimore LLC or it licensors. All trademarks appearing on the Site are the property of their respective owners, including, in some instances, Company, and/or partner companies. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
Limited License to Reproduce Certain Materials.
You may print or have printed any downloadable material contained on this Site or provided by Company provided that: (i) the material is solely for non-commercial, non-defamatory, and personal use; (ii) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Site without the express written permission of Company or its licensor. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Communications to the Site; License to Company.
You hereby grant to Company a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media, or technology now known or later developed, all communications, including but not limited to all remarks, submissions, ideas, concepts, pictures or other information that you transmit to or through this Site (“User Content”). You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content.
Privacy Policy.
A complete statement of the current privacy policy can be found in Company’s Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.
Third Party Sites.
Company has no control over, and no liability for any third-party websites, social media platforms, or materials. Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. These third-party sites have separate terms and conditions and privacy policies separate from Company’s Terms and Conditions and Privacy Policy. It is your responsibility to review each site’s terms and conditions and privacy policy.
Disclaimer of Warranty; Limitation of Liability.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THE SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST DATA, AND CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. IN THE EVENT DAMAGES OF ANY KIND ARE AWARDED, DESPITE THE LIMITATION AGREED TO ABOVE, THOSE DAMAGES SHALL NOT EXCEED A TOTAL OF $50.00. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Exclusions and Limitations.
Company is based in the U.S., the content posted on the Site is focused on the interests of persons in the U.S. and, as such, the Site is intended for use by U.S. citizens and persons who are living in the U.S. In particular, the Site is not intended for use by person in Europe and/or who are European citizens. As such, the European laws and regulations do not cover the Site. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.
Indemnification.
You agree to indemnify, hold harmless and, upon request, defend Company and its respective directors, officers, employees, agents, and members from and against all claims and expenses, including attorneys' fees, arising out of or relating to your browsing or use of the Site, content you transmit to this Site, your violation of any rights of another, or your breach of these Terms and Conditions. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Company.
Waiver of Class Action Rights.
By using the Site, you hereby irrevocably waive any rights you may have to join claims with those of others in the form of a class action or any similar procedural device. Any claims that may arise as a result of, or should relate to these Terms and Conditions, or use your use of this Site, must be asserted individually.
Governing Law and Venue.
These Terms and Conditions shall be governed by the laws of the State of Minnesota, without respect to its conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota, in all disputes arising out of or related to the use of the Site.
Attorneys’ Fees.
If legal proceedings are commenced to enforce any of the provisions of these Terms and Conditions, or any rights existing hereunder, in addition to any damages which may be claimed, the prevailing party shall be entitled to an award of costs and reasonable attorneys’ fees incurred by it in connection with the prosecution or defense of such action.
General.
These Terms and Conditions set forth the entire understanding and agreement between you and Company with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby.
Questions.
If you have any questions or comments regarding these Terms and Conditions or the Site, please contact the Company by email here.
Last Updated: February 2022.
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