Last Updated: September 16, 2016
Welcome to the KindnessIsEverything.com website (the “Site”)!
Thank you for visiting.
The owners and staff of KindnessIsEverything.com (“We”, “us”, or “our”) are happy you’re here and want you to have a great experience.
We also want you to be fully aware of your legal rights and obligations when you use this Site.
1. Acceptance of Terms
Your privacy is important to us.
We want you to understand how this Site collects information and the choices you can make regarding how your information is collected and used on this Site.
Content on this Site includes, but is not limited to, all materials, information, articles, text, rhymes, logos, images, graphics, illustrations, photographs, layouts, videos, and audio that can be found on this Site.
All of the content on this Site is protected by the copyright laws of the United States and international copyright treaties.
We own a copyright in all of the content we have created for this Site and in the selection, coordination, compilation, and arrangement of the content presented on this Site.
Reproducing, copying, redistributing, republishing, transmitting, uploading, posting, modifying, or selling any of the content we have written or created for this Site is prohibited without our express prior written permission.
4. User Content
This Site may provide you and other users of the Site the opportunity to post, display, upload, email, or transmit information, opinions, ideas, and other content (collectively, “User Content”) through Site comments, message boards, submission forms, or other means of communication.
Please be advised that this User Content does not necessarily reflect our views and opinions.
In no event shall we be responsible for or liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any claims, damage, or loss of any kind incurred due to the appearance of or use of any User Content posted, displayed, uploaded, emailed, transmitted, or otherwise made available on or through this Site.
You understand and agree that we do not guarantee the accuracy, integrity, usefulness, completeness, or quality of User Content. You also understand and agree that we do not have any obligation to pre-screen, monitor, or review User Content. By using this Site, you may be exposed to content that is offensive, indecent, or objectionable.
You hereby agree that you must evaluate, and bear all risks associated with, the use of any User Content.
We cannot be responsible for the views and opinions expressed by third parties.
Furthermore, you understand and agree that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the User who posted or transmitted the User Content – not us. That means you are entirely responsible for all of the information, materials, and other User Content you post, display, upload, email, transmit, or otherwise make available on or through this Site.
Please treat this Site and the other users of this Site with kindness and respect.
You may use this Site and its content only for lawful purposes and are prohibited from posting, storing, or transmitting any unlawful material on or through this Site.
You hereby warrant and represent that you are at least eighteen (18) years of age (or for jurisdictions in which eighteen (18) years old is not the age of majority, at least the age of majority for your jurisdiction).
You further warrant and represent that you have all the necessary rights to all of the information, materials, and other User Content you submit to or through this Site. The burden of proving that your User Content does not violate any laws or third party rights rests entirely with you.
You hereby agree not to post, display, upload, email, transmit, or otherwise make available on or through this Site any content that :
- uses profanity, obscenities, or any other offensive language;
- attacks, threatens, harasses, or otherwise harms others in any way;
- violates any law or promotes any illegal activity;
- infringes on the intellectual property rights or other rights of any individual, group, or entity;
- advertises any commercial endeavor or attempts to generate any revenue for any third-party business / commercial activity except as specifically authorized on this Site;
- impersonates any person or entity or otherwise misrepresents your affiliation or connection to any person or entity;
- contains software viruses or other computer code, programs, or files that interrupt, destroy, or limit the functionality of computer hardware, software, or telecommunications equipment; and / or
- includes external links to any third-party websites since we cannot verify the quality, validity, and security of these external links and / or the websites to which they point.
In addition, you understand and agree that: (a) We may, but do not have any obligation to, post, display, maintain, store, accept, or otherwise make use of any User Content; (b) All User Content submitted will be treated as non-confidential and non-proprietary; (c) We have no obligation of any kind, including, but not limited to, any obligation of confidentiality, to you or to any third party with respect to any User Content.
By posting, submitting, or uploading any User Content to this Site and/or providing any information or communication to us, you grant us the unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, unlimited, unconditional, worldwide right and license to use any or all User Content, in whole or in part, for any purpose whatsoever, either alone or combined with other materials, in all formats; in any and all media, now known or hereafter developed; and with any technology or devices, now known or hereafter developed. Without limitation, the granted rights include the right to use, optimize, change, and reformat User Content in any manner that we may determine. Except as prohibited by law, you waive any moral rights you may have to any User Content you provide and understand that you are not entitled to any compensation, fees, consideration, remuneration, or reimbursement of any kind from us under any circumstances.
5. Disclaimer of Warranties
YOUR USE OF THIS SITE OR OF ANY OF THE CONTENT FOUND ON THIS SITE IS ENTIRELY AT YOUR OWN RISK.
THIS SITE AND ALL OF THE INFORMATION, MATERIALS, SERVICES, AND ANY OTHER CONTENT FOUND ON THIS SITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE RESERVE THE RIGHT TO PERIODICALLY CHANGE, IMPROVE, OR UPDATE THIS SITE AND THE CONTENT FOUND ON THIS SITE WITHOUT NOTICE.
WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT THIS SITE OR THE CONTENT FOUND ON THIS SITE WILL MEET YOUR REQUIREMENTS, THAT THE INFORMATION ON THIS SITE OR THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY MISTAKES OR DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY THIRD PARTIES ASSOCIATED WITH MAKING THIS SITE AVAILABLE (SUCH AS SERVERS) WILL BE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER MALWARE.
IN ADDITION, WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT THIS SITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY OF THE INFORMATION, MATERIALS, SERVICES, OR OTHER CONTENT FOUND ON THIS SITE OR ON WEBSITES LINKED FROM THIS SITE WILL BE AVAILABLE, CORRECT, ACCURATE, TIMELY, COMPLETE, RELIABLE, USEFUL, SECURE, SUITABLE FOR ANY PARTICULAR PURPOSE, OR OTHERWISE.
WE MAKE NO WARRANTIES THAT YOUR USE OF THE INFORMATION, MATERIALS, SERVICES, OR OTHER CONTENT FOUND ON THIS SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS OR THAT YOUR USE OF THIS SITE OR OF ANY CONTENT FOUND ON THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION. BY ACCESSING OR USING THIS SITE, YOU WARRANT AND REPRESENT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION THAT YOU ACCESS OR USE THE SITE.
6. Limitation of Liability
OUR LIABILITY TO YOU IS GREATLY LIMITED.
IT IS ENTIRELY YOUR OWN RESPONSIBILITY TO ENSURE THAT THIS SITE AND ANY OF THE CONTENT FOUND ON THIS SITE MEET YOUR SPECIFIC REQUIREMENTS OR NEEDS.
BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE AND ACCEPT THAT THIS SITE AND THE CONTENT FOUND ON THIS SITE MAY CONTAIN ERRORS, INACCURACIES, DELAYS, OR OMISSIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR OR LIABLE FOR ANY ERRORS, INACCURACIES, DELAYS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE CONTENT FOUND ON THIS SITE.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL WE BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, FOR ANY DIRECT, INDIRECT, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR ACCESS TO OR YOUR USE OF THIS SITE, YOUR ACCESS TO OR YOUR USE OF THE CONTENT FOUND ON THIS SITE, OR YOUR INABILITY TO ACCESS THIS SITE OR ITS CONTENT FOR ANY REASON. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST AND RESPONSIBILITY OF ALL NECESSARY REPAIRS, SERVICING, OR CORRECTIONS IN THE EVENT THAT ANY LOSS OR DAMAGE OCCURS.
BEFORE ACTING ON ANY OF THE INFORMATION FOUND ON THIS SITE, YOU SHOULD EXERCISE YOUR OWN BEST JUDGMENT BASED ON YOUR UNIQUE SITUATION AND CIRCUMSTANCES AND / OR OBTAIN PROFESSIONAL ADVICE FROM LICENSED OR QUALIFIED INDIVIDUALS IN YOUR AREA.
WE ARE NOT RESPONSIBLE FOR OR LIABLE FOR YOUR ACTIONS, FOR THE CONSEQUENCES OF YOUR ACTIONS, FOR ANY MISINTERPRETATIONS OF THE INFORMATION FOUND ON THIS SITE, OR FOR ANY NUMBER OF THINGS OUTSIDE OF OUR CONTROL, INCLUDING, BUT NOT LIMITED TO, ISSUES THAT ARE CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, THINGS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, OR ANY HACKING OF THIS SITE.
IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH OR PERSONAL INJURY. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, OR CAUSES OF ACTION EXCEED THE TOTAL SUM OF ONE UNITED STATES DOLLAR ($1.00).
IF YOU ARE NOT SATISFIED WITH THIS SITE OR WITH THE INFORMATION, MATERIALS, SERVICES, OR OTHER CONTENT FOUND ON THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING, BROWSING, AND USING THIS SITE AND THE CONTENT THAT IT CONTAINS.
7. Links to Third-Party Websites
This Site may contain links to third-party websites (“Linked Sites”). These links are provided for your convenience and may include, but are not limited to, links to third-party advertisers and / or affiliate links to third-party websites with whom we may have business relationships.
We fully disclaim all liability in connection to third-party Linked Sites and their materials, and you irrevocably waive any claim against us with respect to any Linked Sites. We are in no way responsible for or liable for any unintended, inaccurate, misleading, objectionable, or unlawful content that may be found on these Linked Sites. Furthermore, we are not responsible for or liable for any direct, indirect, economic, special, incidental or consequential losses or damages, whether arising from negligence, defamation, breach of contract, infringement of copyright or other intellectual property rights, caused by the display or use of any content or information found on Linked Sites or by the acts of any third parties.
We strongly encourage you to use your own best judgment and perform whatever due diligence you deem necessary prior to proceeding with any online transaction with any Linked Sites. If you choose to interact with any Linked Sites, you do so entirely at your own risk. We reserve the right, at our sole discretion, to terminate any link at any time and for any reason in our continuous effort to better this Site for our users.
9. Intended Audience
This Site is a general audience website. The materials and content found on this Site are provided for general informational purposes only.
This Site is operated and controlled from an office located in the United States. We make no representations or warranties that this Site or any of the materials, information, or content contained on this Site are available or appropriate for access or use outside of the United States.
If you choose to access or use this Site or the content found on this Site from other locations, you do so at your own initiative and at your own risk. You are responsible for compliance with United States’ laws and local laws, including laws concerning transmission of technical data, online conduct, and acceptable content, if and to the extent that local laws are applicable.
We reserve the right to limit the availability of this Site, at our sole discretion, to any person or geographic location at any time.
10. Governing Law; Jurisdiction
12. No Waiver
13. Entire Agreement