Terms & Conditions

Disclaimer

This website/blog/email series is an educational and informational resource for designers & business owners. I cannot guarantee the outcome of following the recommendations provided and my statements about the potential outcome are expressions of opinion only. I make no guarantees about the information and recommendations provided herein. By continuing to use/read/participate in this website/ blog/email series you acknowledge that I cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within my control. Therefore, following any information or recommendations provided on this website/blog/email series are at your own risk. 

The complimentary advice provided herein is based on an abbreviated examination of the minimal facts given, not the extensive analysis I conduct when working with individual clients. I cannot guarantee the outcome of following the advice provided and my statements about the potential outcome are expressions of opinion only. Following the advice provided is at your own risk.

 

Affiliates

Some of the links contained in this website/blog/email series are affiliate links. This means that I may receive a commission if you click on the link and make a purchase from the affiliate. I only recommend products and services that I know or trust to be of high quality, whether an affiliate relationship is in place or not.

 

product descriptions

I aim to describe and display my products as accurately as possible. However, I cannot guarantee that the materials will be completely accurate. Likewise, I cannot guarantee their uses for your particular circumstances and purposes. Please do not accept that the product descriptions contained on this website/blog/newsletter are entirely accurate, current, or error-free. Occasionally, I may correct errors in pricing and merchandise descriptions.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. 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.


REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the 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.


ORDER CONFIRMATION2
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

CANCELLATIONS, REFUNDS & RETURNS
If you purchase a product or service and find it's not for you, contact me within 14 days and I will provide a refund. Specific products may offer different refund policies and will be listed as such on that specific product page.


OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Rebecca Kinkead Designs, including trademarks, copyrights, proprietary information, and other intellectual property. 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, if you are caught violating this intellectual property policy.


CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.


LIMITATION 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, REBECCA KINKEAD DESIGNS 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 REBECCA KINKEAD DESIGNS 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 REBECCA KINKEAD DESIGN’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM REBECCA KINKEAD DESIGNS, AND IF NO PURCHASE HAS BEEN MADE BY YOU REBECCA KINKEAD DESIGN’S CUMULATIVE
LIABILITY TO YOU SHALL NOT EXCEED $100.


THIRD PARTY RESOURCES
The Site and the Service 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 REBECCA KINKEAD DESIGNS. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.


INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.


EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.


ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and REBECCA KINKEAD DESIGNS pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by REBECCA KINKEAD DESIGNS shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by REBECCA KINKEAD DESIGNS.

 

Updated September 29th, 2016