The following terms (“Terms of Use”) constitute an agreement between The Girls LLC (“Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (the “Website”), located at https://kimandkalee.com/. Company, owner and operator of the Website, is a limited liability company formed under the laws of the state of Tennessee, United States.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
GENERAL DISCLAIMER
Company has made every effort to ensure that all information on the Website has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website.
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
BUSINESS COACHING AND CONSULTING DISCLAIMER
We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Website. Everything provided on the Website is for informational purposes only.
FITNESS INFORMATION DISCLAIMER
The Website may discuss topics related to health and fitness, and may include information on exercise and workouts. The fitness information provided on the Website is for informational purposes only. Consult a physician or medical professional before beginning any fitness program. Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise or workout presented on the Website, you assume the risk of any potential injury that may result. Even if the information provided on the Website is from a certified personal trainer, it is for informational purposes only and the personal trainer has not consulted with you on an individual basis.
INCOME OR EARNINGS INFORMATION DISCLAIMER
Any statements related to income or earnings potential on the Website are examples of what may be possible in the future. We make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided on the Website. The Website is provided for informational purposes only.
NUTRITION DISCLAIMER
All information provided regarding nutrition on the Website is intended to be used for informational purposes only. Content related to nutrition is not medical advice nor is it intended to replace medical advice. The Website is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying your diet, or making changes to the diet of a child in your care, including following the nutrition information available on the Website, you should seek advice from a licensed professional.
We are not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available on the Website.
The Food and Drug Administration has not evaluated the statements contained in any information on the Website. Individual results may vary.
RECIPE DISCLAIMER
From time to time, the Website will publish content with recipes. All such recipes have been tried and used successfully, but results may vary from person to person. Consult your medical professional before using any recipe if you have concerns about how you may individually react to the use of any particular recipe or ingredient. By voluntarily creating and using any recipe provided here, you assume the risk of any potential injury that may result.
TRAVEL INFORMATION DISCLAIMER
The Website may discuss topics related to travel, including discussion of modes of transportation, lodging, and activities. The travel information provided on the Website is provided “as is” without any representations or warranties, express or implied. Your experience with the same providers mentioned may differ from that depicted on the Website. All travel information on the Website is for informational purposes only.
YOUR RESPONSIBILITY
The Website were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on the Website, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.
You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Company’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Company’s express written permission.
INTELLECTUAL PROPERTY
All original materials provided by Company are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company’s intellectual property. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Certain of the names, logos, and other materials displayed on the Website constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and You agree not to make any claims or assertions of any other party’s ownership of Company IP.
“Kim and Kalee” is a trademark of Company and is protected by United States trademark law. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company.
Equitable Relief
You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
COPYRIGHT
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits The Girls LLC, https://kimandkalee.com/, Kim Sorey, Kalee Dillard or the experts featured on the Website.
From time to time, the Website will legally utilize trademarks owned by third parties related to Company’s services. These trademarks are the respective property of their owners.
FTC DISCLOSURE
From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.
Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
CHILDREN’S INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at team@kimandkalee.com and we will use our best efforts to promptly remove such information from our records.
AFFILIATE MARKETING
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
COMMENT POLICY
The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:
- harassment directed toward any content creator or Company;
- spam;
- hate speech;
- defamatory to Company or any third party;
- reference illegal acts; or,
- violate the legal rights of a third party.
Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
TAKEDOWN REQUESTS
From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to team@kimandkalee.com and we will remove the image within 24 to 48 hours.
COMMUNICATION
If you send Company an email, register to use the Website or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
THIRD PARTIES
The Website may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.
NO WARRANTIES
The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website, or the information and materials provided therein.
Company makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the Tennessee. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Lebanon, Tennessee. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without Company’s prior written consent, however, the Terms of Use may be assigned by Company in its sole discretion.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Company.
All notices with respect to the Terms of Use must be in writing and may be via email to
team@kimandkalee.com for Company and to your email address.
Last updated: December 19, 2019.
