Disclaimer

The terms “we”, “us”, “our”, “me”, “company”, “KC York” refers to KC York, author.  The term the “Site” refers to kcyork.com and all sub-sites connected to it. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

Limitations of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, the company is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if the company has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall the company’s cumulative liability to you exceed the total purchase price of the Service you have purchased, and if no purchase has been made by you the company’s cumulative liability to you shall not exceed $100.

Terms and Conditions

Overview

The terms “we”, “us”, “our”, “me”, “company”, and “KC York” refers to KC York, author.  The term the “Site” refers to kcyork.com and all sites connected to it. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site. We are willing to provide you with access to the Site only on the condition that you accept all of the terms and conditions (the “Terms”) contained in this Agreement. This Agreement governs your use of the Site. Please read all of the Terms carefully. By using the Site or Service and/or ordering a product from the Site, you agree to comply with and be bound by these Terms.

Use of Site and Services

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to writing and other information are subject to change. KC York makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free.

In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. KC York makes no representations, warranties or assurances as to the availability of the Site.

Restrictions on Use

You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for other than your personal information.  These restrictions will apply except in cases where we otherwise agree in writing.

Without limiting the generality of the foregoing, you may not:

1. include such content in or with any product or service that you create or distribute;
2. reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
3. establish a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities without the express written permission of the Company;
4. copy such content onto your or any other Web site or publication; or
5. direct any other person to do any of the foregoing.

Intellectual Property

All trademarks that appear on the Site are the exclusive property of KC York. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected under the United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress, and associated products and services. Any use of them without prior written authorization of this company or the relevant trademark owner is strictly prohibited.

Any third-party trademarks mentioned on this Site which are not those of KC York are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third-party trademarks is strictly prohibited.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent.. We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy.

Lawful Purposes

You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.

You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Anyone found doing any of that will be booted off and barred.

Refusal of Service

KC York reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Site Modifications

The company may at any time change or discontinue any aspect or feature of the Site or Service, temporarily or permanently, for any or no reason and without notice.

Product Description

We endeavor to describe and display the Service as accurately as possible but we cannot guarantee that the Site is entirely accurate, current, or error-free. Corrections for errors in pricing and descriptions will be made without notice. We reserve the right to refuse or cancel any order with an incorrect price listing.

Third Parties

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Our website does not provide any personal information to these third parties.

Notices, Venue, Mediation

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

KC York, 225 E. 7th Ave., Tallahassee, Florida, 32303

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Leon County, Florida. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted in accordance with the American Arbitration Association Rules or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

UPDATED: May 21, 2018