Terms & Conditions
Acceptance of our Terms
www.kimperry.com is owned and operated by Kim Perry (the "Owner") who will be referred to as “we”, “our” and “us” in this Agreement. By visiting our website, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to us, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of our website. You understand, agree and acknowledge that these Terms constitute a legally binding Agreement between you and the Owner and that your use of our website shall indicate your conclusive acceptance of this Agreement.
Provision of Services
You agree and acknowledge that the Website is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that the Website is entitled to provide services to you through subsidiaries or affiliated entities.
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
You acknowledge and agree that the Website may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. The Website authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
When you submit content to the Website you simultaneously grant Website an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to Website.
Termination of Agreement
The Terms of this Agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this Agreement.
Disclaimer of Warranties
You understand and agree that your use of our website is entirely at your own risk and that our services are provided “As Is” and “As Available”. We do not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
Limitation of Liability
You understand and agree that our website and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not the Owner has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of the Owner is limited to the greatest extent permitted by law.
Our website may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that we are not responsible for and do not endorse any advertising, products, or resource available from such resources or websites.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by the Owner to resolve any legal matter arising from this Agreement or related to your use of our website. If the court of law having jurisdiction, rules that any provision of the Agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
You understand and agree that the above Terms constitute the entire Agreement between you and the Owner. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
Changes to the Terms
We reserve the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of our website after any changes to Terms will signify your Agreement to be bound by them.