Terms of Use

I have taken every effort to design this site to be useful, informative, helpful, honest and fun.  By using this site, you are agreeing to abide by the following Terms and Conditions. Take a few minutes to look them over because by using the site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. I reserve the right to make any modifications that are deemed necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the kindfulwitherin website means that you accept those changes.

THANKS FOR VISITING!

Limitation of Liability

kindfulwitherin WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

use of (or inability to use) the site

use of (or inability to use) any site to which you hyperlink from our site

failure of our site to perform in the manner you expected or desired

error on our site

omission on our site

interruption of availability of our site

defect on our site

delay in operation or transmission of our site

computer virus or line failure

please note that we are not liable for any damages, including:

damages intended to compensate someone directly for a loss or injury

damages reasonably expected to result from a loss or injury (known in legal terms as “consequential damages.”)

other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as “incidental damages.”)

WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

Exception: Certain state laws may not allow us to limit or exclude liability for these “incidental” or “consequential” damages. If you live in one of those states, the above limitation obviously would not apply which would mean that you might have the right to recover these types of damages.

However, in any event, our liability to you for all losses, damages, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or they’re claimed under any other legal theory) will not be greater than the amount you paid if anything to access our site.

Links to Other Sites

We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a kindfulwitherin-operated site or have moved to another site. kindfulwitherin is not responsible for the content or practices of third party sites that may be linked to our site. When kindfulwitherin provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that kindfulwitherin is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any kindfulwitherin site or endorsement, sponsorship or support of kindfulwitherin.

Termination of This Agreement

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from the kindfulwitherin website, along with all related documentation and all copies and installations. kindfulwitherin may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

Jurisdiction and Other Points to Consider

If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.

 

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the California, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate kindfulwitherin’s intellectual property rights, kindfulwitherin may seek injunctive or other appropriate relief in any state or federal court in the State of California and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Alameda County, CA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Alameda County, CA under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

kindfulwitherin  may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.

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