Terms & Conditions
Terms & Conditions
By visiting or using the KateJohnston.com web site (the “Web Site”), the user (”User”) agrees to be bound by these Terms of Use and that such agreement constitutes a binding contact between User and KateJohnston.com. If User does not wish to be bound by these Terms and Conditions of Use, the User should not visit or use the KateJohnston.com Web Site.
KateJohnston.com reserves the right to change these Terms of Use from time to time at its sole discretion. In the case of any violation of the Terms of Use, KateJohnston.com reserves the right to seek all remedies available by law and in equity for such violations. These Terms of Use apply to all visits to the KateJohnston.com Web Site, both now and in the future.
Exclusion of Warranty
THIS WEBSITE IS ONLY A VENUE. THIS SITE CONTAINS LINKS TO OTHER THIRD-PARTY WEBSITES, WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND NOT AS AN ENDORSEMENT BY KateJohnston.com. KateJohnston.com HAS NO CONTROL OVER THESE THIRD-PARTY WEBSITES OR SERVICE PROVIDERS.
User is in no way obligated, required or encouraged to utilize any of the Vendors posting information on this Web Site. If User decides to utilize a Vendor, any transaction, offer to buy or sell or related communication conducted on this site is solely between User and Vendor. The exclusive remedy arising from communications on or through this Web Site is between User and relevant Vendor. User agrees that, in return for permission to use the Web Site, he or she waives any and all claims against KateJohnston.com that are connected to use of this Web Site.
Disclaimer
Although KateJohnston.com has made reasonable efforts to place accurate information on this Web Site, KateJohnston.com assumes no responsibility for the accuracy of the information. KateJohnston.com provides this web site content”AS IS” and without warranties of any kind, either express or implied, to the fullest extent of law allowed. KateJohnston.com disclaims all other warranties, including the implied warranties. Further disclaims all other warranties, including the implied warranties of merchantability and fitness for a particular purpose. KateJohnston.com does not warrant uninterrupted or error free functions contained in this site or its content or that the web site or its server are free of viruses or other harmful components. KateJohnston.com accepts no responsibility for any injury, loss, claim, or damage arising out of or in any way connected with this service or the information displayed here. By accessing this service, you agree with these conditions and agree to hold KateJohnston.com harmless.
Limitation of Liability
KateJohnston.com shall not be liable fore direct, incidental, consequential, special, or punitive damages resulting from the use or inability to use this site, whether or not KateJohnston.com has been advised of the possibility of these damages. This includes damages for negligence or gross negligence. This provision is subject to possible limitation under state law.
Indemnification
User agrees to indemnify and hold harmless www.KateJohnston.com, at User’s sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys’ fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User’s negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
Copyright/Restrictions on Use of Material
The subscription to KateJohnston.com services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information available on the KateJohnston.com website or on any other website, by any subscriber in any capacity, is strictly prohibited and a material condition to the use of the KateJohnston.com site. Data mining, screen scraping, downloading or any other activity designed to obtain, re-use, reformat, re-sell the proprietary or other foreclosure information contained within the KateJohnston.com in a commercial manner is strictly prohibited. KateJohnston.com reserves the right to immediately terminate any account which is being used in such activity. The reposting, manipulation, display or other web-based presentation of data obtained through the KateJohnston.com website on the Internet or through e-mail is strictly prohibited and may constitute copyright, trademark or service mark infringement. In the event that any subscriber is determined to be engaged in any activities prohibited in this section, KateJohnston.com may seek injunction in any court located in Alameda County, California. By using this site the subscriber agrees to the jurisdiction of the said courts and will be liable for all attorneys fees incurred as a result.
Trade Marks and Copyrights Intellectual Property
United States Copyright Law, Trademark Law and applicable international treaties and conventions governing intellectual property law protect all Content on this website. Nothing contained in the terms and conditions shall give you any rights to any intellectual properties of KateJohnston.com.
Any and all KateJohnston.com trademarks and names which KateJohnston.com may use in connection with the website shall remain the exclusive property of KateJohnston.com. All content on the website is protected by United States Copyright Law, Trademark Law and applicable international treaties and conventions governing intellectual property law.
User’s Code of Behavior
User agrees not to post on the Web Site any content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or (d) otherwise violates any applicable law. User will not post on this Web Site any links to any external Internet sites that are obscene or pornographic. Any information that you provide to KateJohnston.com must be true, complete and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation.
By subscribing to the KateJohnston.com service, User agrees not to disclose any assigned access information including email address and passwords to others. User also agrees not to distribute the information contained in KateJohnston.com to any person or organization, by any means, printed, electronic or other.
KateJohnston.com will not be held responsible for charges incurred due to User inputting an invalid or incorrect email address when signing up. Furthermore User’s non-use of the site, misplaced or lost passwords, shall not justify User receiving any refund for any services charged.
Links to/from Third Party Sites
This Web Site contains links to third party sites. User accesses these sites at User’s own risk; KateJohnston.com is not responsible for the contents, changes, updates, or other links contained in a linked site. KateJohnston.com provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by KateJohnston.com of the site.
Any third party desiring to link to the Web Site must link to the Web Site’s home page located at KateJohnston.com.
No Partnership or Agency
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and KateJohnston.com as a result of use of the Web Site.
Governing Law
The contents of this Web Site and any claims related to it are governed by the laws of the State of California, without reference to its conflict of laws rules. User consents to the exclusive jurisdiction of the state and Federal courts located in San Francisco County, California, and User waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding.
Privacy
Unless specifically noted when the information is obtained, KateJohnston.com does not make available to third parties information that personally identifies its Web Site users. See our Privacy Policy.
Entire Agreement
By subscribing to the KateJohnston.com’s services, I agree not to disclose my Userid and/ or Password code to others. I also agree not to distribute the information contained in KateJohnston.com to any person or organization, by any means, printed, electronic or other.
I understand that by doing so my subscription will immediately be canceled and I am subject to further remedies.
The above Terms of Use constitute the entire and only agreement between User and KateJohnston.com on the matters described. User understands that User may be subject to further restrictions while using Vendors’ web sites.
