Effective Date: August 3, 2023
Introduction
Welcome to https://www.kellygarton.me/ (the “Site”). This Site is operated by Kelly Garton (“Kelly Garton”, “we”, “us” and/or “our”). By accessing and using the Site, you agree to be bound by these Terms of Use and all terms and conditions incorporated by reference. If you do not agree to all of these Terms of Use, do not access or use the Site.
Access to the Site
Subject to these Terms of Use, we may offer to provide certain services, which may include, but not be limited to, providing a blog, contact forms, commenting functionalities, forums and other interactive features (collectively, the “Services”) and making available information, text, graphics, audio, videos, images, and other materials (collectively referred to as the “Content”) for your use.
Changes to the Terms of Use
We may change these Terms of Use from time to time. If we make changes, we will notify you by revising the date at the top of this page. We recommend that you review these Terms of Use whenever you access or use the Site to stay informed about our information practices and the ways you can help protect your privacy. If you disagree with the revised Terms of Use, you should stop accessing and using the Site.
User Conduct
As a condition of your access to and use of the Site, you agree not to use the Site or Services for any illegal purpose or in violation of these Terms of Use or any applicable laws. When accessing or using the Site, you agree to comply with all applicable laws, ordinances and regulations.
You agree not to post or transmit through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person’s privacy or other rights or any material that Kelly Garton in its sole discretion does not wish posted or transmitted on the Site. Specifically, you agree not to use the Site to commit a criminal offense or to encourage conduct that would constitute a criminal offense.
Disclaimers and Limitations of Liability
The information, Content, Services and any software made available on or through the Site are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, Content, Services, or software on the Site. To the fullest extent permissible under applicable law, we disclaim all representations and warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer viruses.
We do not warrant that the functions contained in any Content or the Services will be uninterrupted or error-free, that any defects will be corrected, or that the Site or the server which makes the Site available are free from viruses or other harmful components. We do not make any representations about the correctness, accuracy, reliability, or truthfulness of any Content. You assume all risk for any damage that may result from your use of or access to the Site, Services, Content, or software.
In no event will Kelly Garton, its suppliers, or other third parties mentioned on the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site, Services, Content or software, whether based on warranty, contract, tort or any other legal theory, even if we have been advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify and hold harmless Kelly Garton and our affiliates and subsidiaries, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your access to and use of the Site and Services; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including any copyright, trademark, trade secret or other property right. This defense and indemnification obligation will survive termination of these Terms of Use.
Copyright and Trademark Information
All content included or available on this Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2023 Kelly Garton with all rights reserved, or is the property of Kelly Garton and/or third parties protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Kelly Garton is strictly prohibited.
Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Kelly Garton.
Kelly GartonTM and all related logos and designs are trademarks or registered trademarks of Kelly Garton. All third party trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties.
Jurisdictional Issues
We make no representation that information, materials or Services available on the Site are appropriate or available for use in jurisdictions outside the United States. Accessing the Site from territories where contents or Services are illegal is prohibited.
Governing Law
These Terms of Use shall be construed and enforced in accordance with the laws of the State of California without regard to conflict of law principles. Any dispute arising under these Terms of Use will be resolved exclusively by the state court located in California.
Changes to the Terms of Use
We reserve the right, at our discretion, to change these Terms of Use at any time. Your continued use of the Site after any changes to the Terms of Use constitutes your acceptance of the changes. It is therefore important that you review these Terms of Use regularly.
Severability
If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Kelly Garton.
Termination
We reserve the right, without notice and at our sole discretion, to terminate your ability to access or use the Site. All provisions of these Terms of Use that by their nature extend beyond termination shall survive termination.
Entire Agreement
These Terms of Use constitute the entire agreement between you and Kelly Garton with respect to the Site, Services and any Content, superseding all prior understandings and agreements, whether written or oral.
Questions & Contact Information
If you have any questions about these Terms of Use, please contact us at: me@kellygarton.me
