Terms of Use | kavintoddd

SITE USE & PURCHASE OVERVIEW

THANK YOU FOR EXPLORING THE KAVIN TODD WEBSITE. THESE TERMS OF USE GOVERN YOUR USE AND ACCESS TO THIS SITE. WE MAY CHANGE, UPDATE, DELETE OR ADD TO THESE TERMS OVER TIME. BY ACCESSING AND USING THIS SITE, YOU AGREE TO THESE TERMS OF USE, ALL POLICIES WITHIN THIS SITE (INCLUDING OUR RETURN POLICY), AND ALL CHANGES OR MODIFICATIONS TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OF USE, SUCH POLICIES, OR ANY MODIFICATIONS THERETO, PLEASE DO NOT USE THIS SITE.

LIMITED LICENSE

WE OFFER THE WEBSITE AND ITS SERVICES ONLY TO THOSE WHO MAY LAWFULLY ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. YOU AGREE TO COMPLY WITH ALL APPLICABLE LAW, STATUTES AND REGULATIONS REGARDING USE OF THE WEBSITE. YOU MAY ACCESS AND VIEW THE CONTENT ON THE WEBSITE ON YOUR COMPUTER OR OTHER INTERNET COMPATIBLE DEVICE, INCLUDING MOBILE DEVICES AND TABLETS, AND MAKE SINGLE COPIES OR PRINTS OF THE CONTENT ON THE WEBSITE FOR YOUR PERSONAL USE ONLY. THE WEBSITE AND THE SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING ANY CONTENT, SOFTWARE, CODE, DATA AND MATERIALS THEREON, ARE ONLY FOR YOUR OWN PERSONAL USE. CHILDREN UNDER THE AGE OF 13 MAY NOT USE THIS WEBSITE AND PARENTS OR GUARDIANS MAY NOT AGREE TO THE TERMS OF USE ON THEIR BEHALF. ANY PERSON WHO PROVIDES THEIR PERSONAL INFORMATION THROUGH THE WEBSITE REPRESENTS TO US THAT THEY ARE 13 YEARS OF AGE OR OLDER. IF YOU ARE OLDER THAN 13 BUT UNDER THE AGE OF 18, YOU MAY USE THIS WEBSITE ONLY WITH THE CONSENT AND UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THE TERMS OF USE. IF YOU ARE A PARENT OR LEGAL GUARDIAN AGREEING TO THE TERMS OF USE ON BEHALF OF A CHILD BETWEEN THE AGES 13 AND 18, YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR USE OF THIS WEBSITE BY THAT CHILD, INCLUDING ANY FINANCIAL CHARGES THAT THE CHILD MAY INCUR THROUGH USE OF THE WEBSITE.

EXCEPT AS OTHERWISE NOTED, ANY AND ALL TEXT, IMAGES, DESIGNS, MARKS, AND OTHER CONTENT OF THIS WEBSITE ("CONTENT”) IS COPYRIGHTED, TRADEMARKED, PROTECTED BY TRADE DRESS, OR OTHERWISE PROPRIETARY TO KAVIN TODD. KAVIN TODD AUTHORIZES YOU TO VIEW THE CONTENT, AND DOWNLOAD AND PRINT THE CONTENT, OTHER THAN MUSIC, FOR YOUR OWN PERSONAL AND NONCOMMERCIAL USE. YOU MAY NOT MODIFY THE CONTENT OR REMOVE ANY COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY NOTICES FROM THE CONTENT. ANY DISPLAYS OR PRINTOUTS OF THE CONTENT MUST BE MARKED "© 2020 KAVIN TODD. ALL RIGHTS RESERVED.” BY YOUR USE OF THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOUR USE OF THE CONTENT WILL BE CONSISTENT WITH THIS LICENSE AND THAT YOU WILL NOT INFRINGE OR VIOLATE THE RIGHTS OF ANY OTHER PARTY, INCLUDING KAVIN TODD, OR BREACH ANY CONTRACT WITH OR LEGAL DUTY TO ANY OTHER PARTY. KAVIN TODD RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN.

IF YOU BELIEVE THAT ANY ITEM OF THE CONTENT HAS BEEN COPIED AND IS ACCESSIBLE ON THIS WEBSITE IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT OR THE INFRINGEMENT OF ANY OTHER INTELLECTUAL PROPERTY RIGHTS, PLEASE NOTIFY KAVIN TODD AS SOON AS POSSIBLE SO THAT KAVIN TODD MAY ACT PROMPTLY AND APPROPRIATELY.

USER INFORMATION

IN THE COURSE OF YOUR USE OF THE WEBSITE, YOU MAY BE ASKED TO PROVIDE CERTAIN PERSONALIZED INFORMATION TO US (SUCH INFORMATION REFERRED TO HEREINAFTER AS "USER INFORMATION"). OUR INFORMATION COLLECTION AND USE POLICIES WITH RESPECT TO THE PRIVACY OF SUCH USER INFORMATION ARE SET FORTH IN THE KAVIN TODD PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE FOR ALL PURPOSES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND CONTENT OF USER INFORMATION, AND YOU AGREE TO KEEP IT UP TO DATE.

LINKS

FOR YOUR CONVINCE, THE WEBSITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES, WHICH ARE NOT UNDER THE CONTROL OF KAVIN TODD. ALSO, LINKS TO OUR WEBSITE MAY BE FEATURED ON OTHER WEBSITES. THESE LINKS ARE PROVIDED FOR CONVENIENCE ONLY, AND A LINK DOES NOT IMPLY ENDORSEMENT OF, SPONSORSHIP OF, OR AFFILIATION WITH A LINKED SITE OR A HOST SITE BY KAVIN TODD.

KAVIN TODD IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR HOST SITE AND DOES NOT WARRANT, REPRESENT, OR ASSUME RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, SECURITY, COMPLETENESS OR OPERATION OF ANY LINKED SITE OR HOST SITE OR ANY INFORMATION OR OTHER MATERIALS DOWNLOADED FROM OR CONTAINED ON OR IN ANY LINKED SITE OR HOST SITE. UNDER NO CIRCUMSTANCES WILL WE BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE THAT IS CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY CONTENT, GOODS OR SERVICES AVAILABLE ON ANY OTHER SITE. YOU SHOULD DIRECT ANY CONCERNS TO THAT SITE'S ADMINISTRATOR OR WEBMASTER.

PLEASE BE AWARE THAT PARTNERS, SERVICE PROVIDERS, ADVERTISERS, AND WEBSITES THAT LINK TO KAVIN TODD MAY COLLECT PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU. THE PRIVACY AND DATA COLLECTION POLICIES OF THESE THIRD PARTIES ARE INDEPENDENT OF KAVIN TODD'S POLICIES AND KAVIN TODD ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE PRIVACY OR DATA COLLECTION POLICIES OF SUCH PARTIES. KAVIN TODD ENCOURAGES YOU TO READ THE PRIVACY POLICIES AND USER TERMS WHENEVER INTERACTING WITH, AND PRIOR TO PROVIDING ANY PERSONALLY IDENTIFIABLE INFORMATION TO, ANY OTHER WEBSITE.

INDEMNIFICATION.

(A) LICENSEE SHALL FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS KAVIN TODD FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, EXPENSES, AND LIABILITY — OTHER THAN THOSE FOR INFRINGEMENT, INCLUDING WITHOUT LIMITATION, SUITS ARISING FROM OFFERING, PROMOTING, ADVERTISING, SALE, OR USE BY LICENSEE, OR ANY OF ITS AUTHORIZED SUBLICENSES, OF THE WORK, WHETHER OR NOT SUCH USE CONFORMS TO STANDARDS SET BY KAVIN TODD, PROVIDED THAT SUCH CLAIM, LOSS, DAMAGE, EXPENSE, OR LIABILITY DOES NOT ARISE FROM THE NEGLIGENCE OF KAVIN TODD.

(B) KAVIN TODD HAS THE RIGHT, BUT SHALL NOT BE OBLIGATED, TO OBTAIN AND MAINTAIN FEDERAL INTELLECTUAL PROPERTY REGISTRATION OF THE WORK. IN THE EVENT THAT LICENSEE BECOMES AWARE OF ANY CLAIMED OR ALLEGED INFRINGEMENT OF THE WORK BY A THIRD PARTY, LICENSEE SHALL PROMPTLY ADVISE KAVIN TODD IN WRITING OF THE NATURE AND EXTENT OF SUCH INFRINGEMENT OR DILUTION. KAVIN TODD HAS NO OBLIGATION TO TAKE ANY ACTION WHATSOEVER IN THE EVENT THAT ANY INFRINGEMENT OR DILUTION OCCURS WITH RESPECT TO THE WORK, BUT KAVIN TODD SHALL HAVE THE SOLE RIGHT TO DETERMINE WHETHER ANY ACTION SHALL BE TAKEN. IN THE EVENT KAVIN TODD SUES OR TAKES OTHER ACTION, LEGAL, EQUITABLE, ADMINISTRATIVE, OR OTHERWISE, TO STOP AN INFRINGEMENT OR DILUTION OF THE WORK, LICENSEE SHALL COOPERATE FULLY WITH KAVIN TODD. LICENSEE HAS NO RIGHT TO ENFORCE THE WORK THROUGH LITIGATION WITHOUT PRIOR WRITTEN AUTHORIZATION OF KAVIN TODD. IN ANY LEGAL ACTION ARISING FROM USE, OR OWNERSHIP RIGHTS OF THE WORK, WHERE BOTH KAVIN TODD AND LICENSEE ARE CO-PARTIES, KAVIN TODD RETAINS THE RIGHT TO CONTROL THE LITIGATION, INCLUDING ANY AND ALL SETTLEMENT NEGOTIATIONS.

MISCELLANEOUS

(A) THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING OF THE KAVIN TODD AND LICENSEE WITH RESPECT TO THE SUBJECT MATTER HEREOF, SUPERSEDING ANY AND ALL PRIOR AGREEMENTS, UNDERSTANDINGS, NEGOTIATIONS, AND DISCUSSIONS. NO AMENDMENT, ALTERATION, MODIFICATION, OR WAIVER OF THIS AGREEMENT SHALL BE BINDING UNLESS EVIDENCED BY AN INSTRUMENT IN WRITING SIGNED BY THE PARTY AGAINST WHOM ENFORCEMENT THEREOF IS SOUGHT.

(B) IF ANY PROVISION OF THIS AGREEMENT, OR THE APPLICATION OF SUCH PROVISION TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF THIS AGREEMENT, OR THE APPLICATION OF SUCH PROVISIONS TO ANY OTHER PERSONS OR CIRCUMSTANCES, SHALL NOT BE AFFECTED THEREBY.

(C) THIS AGREEMENT MAY BE EXECUTED IN SEVERAL COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED AN ORIGINAL, BUT ALL OF WHICH SHALL CONSTITUTE ONE AND THE SAME DOCUMENT.

LIMITATION OF LIABILITY

THE SERVICES AND THE WORK PRODUCT OF DESIGNER ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF DESIGNER. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

MODIFICATION/WAIVER.
THIS AGREEMENT MAY BE MODIFIED BY THE PARTIES. ANY MODIFICATION OF THIS AGREEMENT MUST BE IN WRITING, EXCEPT THAT DESIGNER’S INVOICES MAY INCLUDE, AND CLIENT SHALL PAY, EXPENSES OR COSTS THAT CLIENT AUTHORIZES BY ELECTRONIC MAIL IN CASES OF EXTREME TIME SENSITIVITY. FAILURE BY EITHER PARTY TO ENFORCE ANY RIGHT OR SEEK TO REMEDY ANY BREACH UNDER THIS AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF SUCH RIGHTS NOR SHALL A WAIVER BY EITHER PARTY OF DEFAULT IN ONE OR MORE INSTANCES BE CONSTRUED AS CONSTITUTING A CONTINUING WAIVER OR AS A WAIVER OF ANY OTHER BREACH

GOVERNING LAW AND DISPUTE RESOLUTION.

THE FORMATION, CONSTRUCTION, PERFORMANCE AND ENFORCEMENT OF THIS AGREEMENT SHALL BE IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES AND THE STATE OF VIRGINIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS OR THE CONFLICT OF LAW PROVISIONS OF ANY OTHER JURISDICTION. IN THE EVENT OF A DISPUTE ARISING OUT OF THIS AGREEMENT, THE PARTIES AGREE TO ATTEMPT TO RESOLVE ANY DISPUTE BY NEGOTIATION BETWEEN THE PARTIES. IF THEY ARE UNABLE TO RESOLVE THE DISPUTE, EITHER PARTY MAY COMMENCE MEDIATION AND/OR BINDING ARBITRATION THROUGH THE AMERICAN ARBITRATION ASSOCIATION, OR OTHER FORUM MUTUALLY AGREED TO BY THE PARTIES. THE PREVAILING PARTY IN ANY DISPUTE RESOLVED BY BINDING ARBITRATION OR LITIGATION SHALL BE ENTITLED TO RECOVER ITS ATTORNEYS’ FEES AND COSTS. IN ALL OTHER CIRCUMSTANCES, THE PARTIES SPECIFICALLY CONSENT TO THE LOCAL, STATE AND FEDERAL COURTS LOCATED IN THE STATE OF VIRGINIA. THE PARTIES HEREBY WAIVE ANY JURISDICTIONAL OR VENUE DEFENSES AVAILABLE TO THEM AND FURTHER CONSENT TO SERVICE OF PROCESS BY MAIL. CLIENT ACKNOWLEDGES THAT DESIGNER WILL HAVE NO ADEQUATE REMEDY AT LAW IN THE EVENT CLIENT USES THE DELIVERABLES IN ANY WAY NOT PERMITTED HEREUNDER, AND HEREBY AGREES THAT DESIGNER SHALL BE ENTITLED TO EQUITABLE RELIEF BY WAY OF TEMPORARY AND PERMANENT INJUNCTION, AND SUCH OTHER AND FURTHER RELIEF AT LAW OR EQUITY AS ANY ARBITRATOR OR COURT OF COMPETENT JURISDICTION MAY DEEM JUST AND PROPER, IN ADDITION TO ANY AND ALL OTHER REMEDIES PROVIDED FOR HEREIN.

TERMINATION

(A) WE RESERVE THE RIGHT IN OUR SOLE DISCRETION AND AT ANY TIME TO TERMINATE OR SUSPEND YOUR MEMBERSHIP AND/OR BLOCK YOUR ACCESS TO THE WEBSITE FOR ANY REASON INCLUDING, WITHOUT LIMITATION IF YOU HAVE FAILED TO COMPLY WITH THE LETTER AND SPIRIT OF THESE TERMS OF USE. YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OR SUSPENSION OF YOUR MEMBERSHIP OR FOR BLOCKING YOUR ACCESS TO THE WEBSITE.

(B) ANY SUSPENSION OR TERMINATION SHALL NOT AFFECT YOUR OBLIGATIONS TO US UNDER THESE TERMS OF USE. THE PROVISIONS OF THESE TERMS OF USE WHICH BY THEIR NATURE SHOULD SURVIVE THE SUSPENSION OR TERMINATION OF YOUR MEMBERSHIP OR THESE TERMS OF USE SHALL SURVIVE INCLUDING, BUT NOT LIMITED TO THE RIGHTS AND LICENSES THAT YOU HAVE GRANTED HEREUNDER, INDEMNITIES, RELEASES, DISCLAIMERS, LIMITATIONS ON LIABILITY, PROVISIONS RELATED TO CHOICE OF LAW, DISPUTE RESOLUTION, NO CLASS ACTION, NO TRIAL BY JURY AND ALL OF THE “MISCELLANEOUS” PROVISIONS BELOW.

LIMITED LICENSE

USER INFORMATION

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