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Welcome to my website.

These Terms of Use apply to KathrynEngland.com.

KathrynEngland.com was created to offer information about my experiences and interests.  KathrynEngland.com is an informational site only and does not provide medical advice, diagnosis or treatment, or legal, financial, or other professional services advice or advice about what service providers to use.   By using my Website, you agree to the Terms of Use and Privacy Policy.  KathrynEngland.com is an informational resource.  Any decisions that you need to make about your personal situation should be made after engaging and consulting with a professional licensed service provider based upon your specific needs or conducting your own careful review and investigation.

These Terms of Use were last revised on April 10, 2014.

These Terms of Use ("Terms") are a legal agreement between you and KathrynEngland.com (“My Website") and govern your use of My Website either as a visitor or as a registered user. Use of, and access to My Website is subject to your compliance with these Terms, so please read them carefully before using My Website.  KathrynEngland.com reserves the right to limit or terminate your access to My Website or terminate or suspend your registration for failure to comply with the terms and policies posted on My Website, or for any reason at any time.

BY ACCESSING AND USING MY WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE MY WEBSITE IN ANY MANNER.

MODIFICATIONS TO THE TERMS OF USE

KathrynEngland.com may change, modify, update, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes.  Your continued use of My Website following the posting of any changes will signify your acceptance of those changes.

REGISTRATION

To use certain parts of My Website, you will be asked to provide certain information about yourself, including your first name, e-mail address, password, city and state or zip code.

PRIVACY POLICY

KathrynEngland.com respects your desire for privacy and takes care to protect personal information that you provide on My Website.  kathrynengland.com privacy policy can be found at www.KathrynEngland.com/privacy policy.com.  By using My Website, you are consenting to the terms of this privacy policy.

SECURITY POLICY

KathrynEngland.com has security measures in place to protect the loss, misuse, and alteration of the information under KathrynEngland.com ‘s control. These security measures are described in the privacy policy.

Although KathrynEngland.com has taken the steps described in the privacy policy to ensure that your personal information is delivered and disclosed only in accordance with our privacy policy, KathrynEngland.com cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

USING MY WEBSITE

KathrynEngland.com provides you with access to a great variety of information and resources. The materials, information, and links to third party sites, provided on My Website, including but not limited to information, documents, images, articles, advice, time-saving tips and checklists, easy-to-use tools, products, software, and services, if applicable ("Materials"), are provided either by kathrynengland.com (not by godaddy.com ) or by others and may be copyrighted and/or protected by other intellectual property rights. KathrynEngland.com hereby grants you limited permission to use the Materials provided by KathrynEngland.com subject to these Terms, as long as the use of such Materials is solely for your own informational use. Unless stated within the Materials, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of KathrynEngland.com and/or the appropriate owner. Also, you may not "mirror" any Materials contained on This Website or any other server without KathrynEngland.com prior written consent.

NO UNLAWFUL OR PROHIBITED USE

While using My Website, you may not

  1. restrict or inhibit any other user from using and enjoying My Website;

  2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, constitute unauthorized practice of a professional service, or otherwise violate any local, state, national, or foreign law, including without limitation U.S. export control laws and regulations;

  3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by KathrynEngland.com), or engage in spamming, phishing, or flooding;

  4. use any robot, spider, scraper, or other automated means to access My Website or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines;

  5. post or transmit any information or software that contains a virus, Trojan horse, worm, or other harmful component;

  6. post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through My Website for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);

  7. upload, post, publish, transmit, reproduce, or distribute in any way information, software, or other material obtained through My Website which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or

  8. upload, post, publish, reproduce, transmit, or distribute in any way any component of This Website itself or derivative works with respect thereto without our prior written consent, as My Website is protected under U.S. copyright laws.


LINKS TO THIRD PARTY WEBSITES; ADVERTISERS; THIRD PARTY SERVICES

In attempting to provide you with comprehensive and useful resources, My Website may contain links to third-party websites which are not under the control of KathrynEngland.com. KathrynEngland.com is not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. KathrynEngland.com is providing these links to you only as a convenience, and the inclusion of any link does not imply that KathrynEngland.com endorses, guarantees, or accepts any responsibility for the content or products on such a third-party site.

In addition, KathrynEngland.com will accept advertising on My Website. Any dealings that you have with advertisers found on KathrynEngland.com are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

In connection with your use of My Website, you may be made aware of services, products, offers, and promotions provided by third parties, and not by KathrynEngland.com. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party services or products. You agree that the third party, and not KathrynEngland.com, is responsible for the performance of the third-party services or products.

CHANGES TO MY WEBSITE

In an effort to continually improve My Website and its usefulness to you, I may add additional services or make changes to existing services. In the event that KathrynEngland.com makes such changes, these Terms shall apply to the new services and to any changes to existing services.

KathrynEngland.com owns all intellectual property

You agree that I am not liable for content that is provided by others. While some community and other areas are monitored for relevance, we have no obligation to prescreen content that may be posted in such areas and are not responsible for such postings. While we have no duty to prescreen content, we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material.

WARRANTY DISCLAIMER

You agree that use of this site is at your sole risk.  This site is provided on an “as is” and “as available” basis.  Kathryn England, affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, currentness, non-infringement, merchantability, or fitness for a particular purpose of the information, materials and services available through this site.  I do not guarantee my sites to be error-free, secure, continuously available or free of viruses or other harmful components.

You also agree that if you rely on any data or information obtained through my sites, you do so at your own risk.  You are solely responsible for any damage or loss that results from your use of any material and/or data.

My sites are provided with the understanding that neither Kathryn England nor its users, while such users are participating in the sites, are engaged in rendering legal, medical, counseling or other professional services or advice.  Our sites are no substitute for professional services or advice.

Kathryn England, its affiliates, agents, and licensors make no warranty regarding any goods or services referred to, advertised on, or obtained through our sites, other than those express warranties Kathryn England specifically makes on any Kathryn England order form.

Except as expressly provided otherwise and to the maximum extent permitted by law, my website and all materials, information, postings, opinions or services on my website or linked from my website are provided “as is” and “as available” without warranty of any kind and KathrynEngland.com hereby expressly disclaims all warranties of any kind. KathrynEngland.com makes no warranty that my website will meet your requirements or expectations, that access to my website or any information, postings, opinions or services linked from this website will be uninterrupted, timely, secure, or error-free, or that results from such use will be accurate or reliable, or will be suitable for your purposes.  No oral or written information received by KathrynEngland.com or obtained otherwise will change this disclaimer.  Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.


LIMITATION OF LIABILITY

You expressly understand and agree that KathrynEngland.com (or representatives, advertisers, experts, suppliers, partners or employees) shall not be liable for any direct damages or any special, direct, indirect, incidental, consequential, or exemplary damages, including but not limited to any damages whatsoever resulting from loss of use, data, profits, or other intangible losses (even if KathrynEngland.com has been advised of the possibility of such damages), resulting from the use of or the inability to use my website, removal or termination of my website, unauthorized access to or alteration of your transmissions or data, errors or omissions in content on this website, instruction or information provided by or linked from my website or any other matter relating to my website.  In no event shall KathrynEngland.com by held liable for any and all claims relating to the use of my website.

Under no circumstances will Kathryn England or affiliates, agents or licensors be liable to you or anyone else for any damages arising out of your use of any of our sites, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages.  You agree that the liability of Kathryn England, affiliates, agents and licensors, if any arising out of nay kind of legal claim in any way connected to any of our sites will not exceed the amount you paid to us to use the sites.  Because some states do not allow the exclusion or limitation of certain categories of dames, the above limitation may not apply to you.  In such states, the liability of Kathryn England, affiliates, agents and licensors is limited to the fullest extent permitted by such state law.


NO PROFESSIONAL OR PERSONAL ADVICE


The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Me and my licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites.

KathrynEngland.com is an informational site only.  This information is provided to you for your educational and informational purposes only.  Any information found on KathrynEngland.com is not a substitute for obtaining specific psychological, medical, legal, financial, or other professional or licensed advice directly applicable to your situation.  You should not rely on any information on KathrynEngland.com as a substitute for such services or advice.

The use of any information provided on my website is solely at your own risk.  Always seek the advice of a physician, attorney, financial, advisor or other professional or licensed advisor.  Never disregard medical, legal, financial, or other professional or licensed advice or delay in seeking it because of something you have read on KathrynEngland.com.

Nothing stated or posted on my website or available through any services is intended to be, and most not be taken to be, the practice of psychotherapy, medicine or law, or financial, professional, or licensed services.  For purposes of this agreement, the practice of medicine includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis, or advice. KathrynEngland.com provides no assurances that the information contained in my website will always include the most recent findings or developments with respect to the particular material.  Your access or use of This Website and services does not create in any way a physician/patient, attorney/client, confidential, or privileged relationship, or any other relationship that would give rise to any duties on KathrynEngland.com’s part. If you rely on any of the information provided by my Website, you do so solely at your own risk.

The statements made by interviewees are solely those of the interviewees and do not represent the opinions of KathrynEngland.com.  Users of KathrynEngland.com should be cautious about any and all statements and recommendations, are are advised to conduct their own independent research and analysis.  The information contained herein:  (1) is proprietary to KathrynEngland.com and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely.  Neither Kathryn England nor its  content providers are responsible for any damages or losses arising from any use of this information.

The Visitor Agreement is intended to make our sites safe and fun for everybody. I invite you to bring to our attention any content on my sites you believe to be inaccurate, inappropriate or in violation of these rules. Please write me at Kathryn@kathrynengland.com.


INDEMNIFICATION

You shall indemnify, defend, and hold harmless KathrynEngland.com, from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions arising out of your use of KathrynEngland.com.

GOVERNING LAW

You and KathrynEngland.com agree that any claim or controversy at law or equity that arises out of these Terms or your use of my Website shall be governed by California law (without regard to conflict of law provisions) and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.  You and kathrynengland.com agree that all claims and actions related hereto shall be brought in the appropriate state or federal court located in Los Angeles, California, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

INTERNATIONAL USE

KathrynEngland.com is designed for users residing in the United States. I make no representation that content on KathrynEngland.com is appropriate or available for use in locations outside the United States.  If you choose to access kathrynengland.com from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.

MISCELLANEOUS

These Terms constitute the entire agreement between you and KathrynEngland.com regarding this subject matter, and they govern your use of My Website. The failure of KathrynEngland.com to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of KathrynEngland.com or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.

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