TERMS OF USE
These Terms of Use explain certain terms and conditions with respect to your use and interaction with KARLADOUGHERTY.com a website located at www.KARLADOUGHERTY.com (hereinafter referred to as “the Site” or “KARLADOUGHERTY”).
Your use and participation of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. If you do not agree to these Conditions, please do not use the Site.
NO WARRANTY
We assume no liability or responsibility for any damages arising from a visitor’s use of, or inability to use, this site. KARLADOUGHERTY does not warrant that the functions contained in the materials on this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make such materials available, are free of viruses or other harmful components.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless KARLADOUGHERTY, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.
LINKS TO OTHER WEBSITES
This Site may contain links to outside services and resources. KARLADOUGHERTY and affiliated companies are not responsible for the content or privacy policies of any other sites that are linked to this site.
You acknowledge that (a) KARLADOUGHERTY is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (b) KARLADOUGHERTY is not responsible for any other form of transmission received from any linked site. KARLADOUGHERTY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KARLADOUGHERTY of the site. Any concerns regarding any such link should be directed to the particular third party website.
INTELLECTUAL PROPERTY
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other content that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned by or licensed to KARLADOUGHERTY. No right, title or interest in any downloaded materials, software or other Contents is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by KARLADOUGHERTY.
KARLADOUGHERTY grants you a limited license to access and make personal use of this Site. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of KARLADOUGHERTY. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KARLADOUGHERTY without express written consent. You may not use any meta tags or any other “hidden text” utilizing KARLADOUGHERTY name or trademarks without the express written consent of KARLADOUGHERTY. Any unauthorized use terminates the permission or license granted by KARLADOUGHERTY. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of KARLADOUGHERTY.com so long as the link does not portray KARLADOUGHERTY, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any KARLADOUGHERTY logo or other proprietary graphic or trademark as part of the link without express written permission.
“KARLADOUGHERTY,” “MLIDY,” and associated graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of KARLADOUGHERTY in the United States and/or in a number of other international countries. KARLADOUGHERTY trademarks and trade dress may not be used in connection with any product or service that is not KARLADOUGHERTY, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KARLADOUGHERTY. All other trademarks not owned by KARLADOUGHERTY that may appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KARLADOUGHERTY.
GENERAL TERMS
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of the State of New Jersey, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts sitting in the State of New Jersey and you consent to exclusive jurisdiction and venue in such courts.
DISCLAIMER
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER LAW, KARLADOUGHERTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KARLADOUGHERTY DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE OR ANY EMAIL SENT TO YOU ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. KARLADOUGHERTY DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. KARLADOUGHERTY RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KARLADOUGHERTY OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF KARLADOUGHERTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST KARLADOUGHERTY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF KARLADOUGHERTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, KARLADOUGHERTY LIABILITY SHALL NOT EXCEED US$50.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. 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.
MISCELLANEOUS
These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of KARLADOUGHERTY to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You may not use the Site or export the Content in violation of United States export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.