Terms of Use

Introduction

These terms and conditions govern your use of KarolynMiller.com. By using this website, you accept these terms and conditions in full.  If you disagree with these terms and conditions or any part of these terms and conditions, please do not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our KarolynMiller.com’s use of cookies in accordance with the terms of our privacy policy.

License to use website

Unless otherwise stated, KarolynMiller.com and/or its licensers own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website, except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

This website encourages and allows users to provide comments that are healthy, life-giving, and informative. Any comments that are threatening, malicious, negative, or detrimental to the community that is being fostered on this website are subject to removal.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger,  or any other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without KarolynMiller.com’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without KarolynMiller.com’s express written consent.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to KarolynMiller.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to KarolynMiller.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Karolyn Miller, KarolynMiller.com, or a third-party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Karolyn Miller reserves the right to edit or remove any material submitted to this website, or stored on KarolynMiller.com’s servers, or hosted or published upon this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  KarolynMiller.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, KarolynMiller.com does not warrant that:

 

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Cancellations, refunds, and returns

All of our services and products are final purchase only. We do not offer refunds.

Limitations of liability

Karolyn Miller will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Karolyn Miller has been expressly advised of the potential loss. In those states that do not allow the exclusion or limitation of liability for damages, our liability is limited to the fullest possible extent permitted by law. In no circumstance shall Karolyn Miller/ Karolyn Miller.com/ It Is Written cumulative liability exceed to you the total purchase price of the service/product through this site. If no purchase has been made, Karolyn Miller’s cumulative liability shall not exceed $100.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Karolyn Miller/ Karolyn Miller.com liability in respect of any:

  • death or personal injury caused by Karolyn Miller’s negligence;
  • fraud or fraudulent misrepresentation on the part of Karolyn Miller; or
  • matter which it would be illegal or unlawful for Karolyn Miller to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, please do not use this website.

Other parties

You accept that, as a limited liability entity, KarolynMiller.com has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against KarolynMiller.com officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect KarolynMiller.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Karolyn Miller.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Breaches of these terms and conditions

Without prejudice to KarolynMiller.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Karolyn Miller may take such action as she deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Severability

If any term, provision, covenant, or condition of this agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These terms and conditions are not assignable, delegable, sub-licenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Variation

KarolynMiller.com may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Credit

This document was created and modified using a Contractology template available at http://www.contractology.com.