Terms of Service

How you can use the website

Terms of Service

By visiting www.colleenkeith.com,
you are legally consenting to our Terms of Service as described below.

 

Overview

By using www.colleenkeith.com, referred to as this “Website” and “Colleen Keith Design”, all visitors, referred to as a “User”, are bound by these Terms of Service. The terms “we,” “us,” and “our” refer to Colleen Keith Design (the “Company”), owner of www.colleenkeith.com.  Accessing this Website constitutes a use of the Website and an acceptance to the terms provided herein.

By using the Website, you agree to these Terms of Service, without modification, and acknowledge having read them. We reserve the right to alter these Terms of Service or to introduce new conditions, terms or the like for use of the Website, from time to time.

 

USE OF WEBSITE

To be granted access and/or to use the Website, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms of Service.

In addition, you may be required to provide information about yourself including your full legal name, email address, and other personal information. You consent that any registration information volunteered to the Company will always be accurate, correct and up to date. You are prohibited by law from impersonating another individual or volunteering account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Website, violate any laws in your jurisdiction.

You may use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

The user is bound by commercialization rights, which includes and is not limited to all rights throughout the universe to, create derivative works of, installation, execution, merchandise, distribution, translation into any and all languages (including computer languages), production, manufacture, recordation, reproduction (including reproductions of any adaptations, modifications or translations), transfer, transcription, public performance, public display, adaptation, edit, alter, develop, enhance, maintain, support, publication, modification (including without limitation, the right to add, remove or change any element), exploitation, sale, rent, lease, license, make available, broadcast, retrieval, transmission and exhibition of any art or method now known or hereafter devised, including via the Internet, satellite, cellular networks, fibre optic cable, interactive electronic media (including CD ROM), radio, broadcasting, theatrical and non-theatrical exhibition, exhibition by the medium of motion picture, television, home video (including videocassettes, videodiscs and DVD) or otherwise now known or hereafter created, including further by any “communication signal” and “telecommunication” (as such terms are defined in the Copyright Act R.S.C. 1985, c. C-42 as amended from time to time), in or through or via any media or medium whatsoever, by all means, in all formats and with all technologies, whether now known or later developed in the future, whether digital, optical, magnetic, electronic or otherwise, including for compatibility with other computer operating systems or any communications device (including any cellular or mobile telephone or tablet device), with the right to engage others to cause any of the foregoing, to license and sublicense throughout multiple levels of licensees and sublicensees and assign such rights including further, without limitation, the right to use or exploit, in perpetuity, in any way whatsoever.

 

PURCHASE AND REFUND POLICY

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you consent to the products, programs, or services by the Company unless a separate Terms of Purchase Agreement is provided at purchase. No refunds will be given for any products purchased online.

 

COLLEEN KEITH DESIGN INTELLECTUAL PROPERTY

The Website and any purchased material contain intellectual property owned by Colleen Keith Design, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Colleen Keith Design / www.colleenkeith.com name, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.

The user is also bound by Intellectual Property Rights which includes copyright (including, but not limited to, moral rights), copyright registrations and applications, renewals and extensions therefor, trade secrets and other intellectual property rights recognized by laws in Canada and applicable foreign and international laws, treaties and conventions;

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website or Service content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Website and Service, without refund, if you violate this policy.

 

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES WHATSOEVER SHALL WE, COLLEEN KEITH DESIGN, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICE.

ADDITIONALLY, COLLEEN KEITH DESIGN IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH

(I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE, SYSTEM FAILURE OR UNFORSEEN CIRCMSTANCE;

(II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND

(III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.

THE FOREGOING APPLIES EVEN IF COLLEEN KEITH DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE AREAS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW.

 

THIRD PARTY RESOURCES

The Website may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

INDEMNIFICATION

You shall indemnify and hold us, Colleen Keith Design, 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, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Website. 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.

 

RELEASE OF CLAIMS

In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Website or its Content.  You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.

 

ONLINE COMMERCE

Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. In the event you make a purchase from us on or through the Website, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Colleen Keith Designs bears no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when certain purchases are transacted through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company or Merchant that specifically apply to your purchase.

By agreeing to these terms, you hereby release Colleen Keith Designs, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

 

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the province of British Columbia.

 

DISPUTE RESOLUTION

Should any dispute arise between relating to this Agreement, or the rights or liabilities of the parties under this Agreement, then such dispute shall be referred to a single arbitrator. If the Shareholders are unable to agree upon a single arbitrator, then each such dispute shall be referred to a single arbitrator, to be appointed by a judge of the Supreme Court of British Columbia pursuant to the Commercial Arbitration Act of the Province of British Columbia.

 

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 of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.

 

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and Colleen Keith Design pertaining to the Website and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us.

 

WAIVER

No waiver of any of the provisions of this Agreement by Colleen Keith Design shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Colleen Keith Design.

 

HEADINGS

The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

Updated: August 7, 2017