Terms of Use
Last updated: November 17, 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.kathycrabbe.com website (the "Website") and services and products ("Astrology Reports”, “Soul Readings”, “Classes" and "Art") operated by Kathy Crabbe (the "Artist") ("I", "she", or "me").
BY ACCESSING IT OR USING THIS WEBSITE WITH LINKS TO THIS AGREEMENT IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE, ENABLED OR OFFERED BY THE WEBSITE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS (IF REQUIRED), AND/OR MERELY BROWSING THE WEBSITE, YOU (“MEMBER” OR “YOU”) AGREE THAT (1) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE WITHOUT MODIFICATION, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE WEBSITE, AND (3) YOU HAVE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY, DO NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES PROVIDED.
The Services and Products may consist of the following, without limitation: Reports, Readings, Classes, Art. The Website acts soley as an interface to facilitate communications initiated between clients, members, and as third-party payment network.
Your access to and use of the Website and Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website and Services.
PURCHASES
If you wish to purchase any service or product made available through the Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address..
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant me the right to provide the information to these third parties subject to my Privacy Policy.
I reserve the right to refuse or cancel your order at any time for reasons including but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons.
I reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
AVAILABILITY, ERRORS, AND INACCURACIES
I am constantly updating service and product offerings on the Website. I may experience delays in updating information on the Website and in my advertising on other web sites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Services and products may be mispriced, described inaccurately, or unavailable on the Website and I cannot guarantee the accuracy or completeness of any information found on the Website.
I therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Website may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as my Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
ACCOUNTS
Eligibility
The Artist does not permit the Services to be used by temporarily or indefinitely suspended users. In addition, the Artist does not permit use of the Services by residents a) of any jurisdiction that may prohibit my Services and products or b) of any country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens. Such countries may include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Syria and Sudan. If you do not qualify, do not use the Services.
User Registration Data
When you create an account with me, you guarantee that you are above the age of 18, and that the information you provide me is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with my Website or a third-party service. You must notify me immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
I reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in my sole discretion.
INTELLECTUAL PROPERTY
The Website and its original content, features and functionality are and will remain the exclusive property of the Artist. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. My trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Artist.
You are not permitted to copy, use, reproduce, distribute, perform, display or create derivative works from the Website unless expressly authorized by the Artist with the exception of free blog posts which are licensed under a Creative Commons Attribution-No Derivative Works 3.0 United States License. Under the following terms:
Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the Website endorses you or your use.
No Derivatives — If you remix, transform, or build upon the material, you may not distribute the modified material.
No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Any rights not expressly granted herein are reserved. The Website and Artist cannot revoke these freedoms as long as you follow the license terms.
THIRD PARTY SERVICES
Links To Other Websites
My Website may contain links to third party web sites or services that are not owned or controlled by the Artist.
The Artist has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. I do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that the Artist shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
I strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Social Media Pages
The Artist may maintain a presence on social media websites, including Facebook, YouTube, LinkedIn, Instagram, Pinterest, and Twitter (collectively, “Social Media Pages”), to provide a place for the public to learn more about the Artist and to share comments. All comments, visuals and other materials posted by visitors to my Social Media Pages do not necessarily reflect the opinions or ideas of the Artist. All visitors to my Social Media Pages must comply with the respective social media website’s Terms of Use. I review some but not all postings to my Social Media Pages, and may remove postings that I determine are inappropriate or offensive.
TERMINATION
I may terminate or suspend your account and bar access to the Website and Services immediately, without prior notice or liability, under my sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Website or Services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Artist from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
LIMITATION OF LIABILITY
In no event shall the Artist be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website or Products or Services; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER
THE ARTIST DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, NOR DOES THE ARTIST WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT, ANYTHING SAID OR WRITTEN BY, OR ANY ADVICE PROVIDED BY, THE ARTIST. YOU ACKNOWLEDGE AND ACCEPT THAT ANY ACTION TAKEN UPON THIS INFORMATION IS STRICTLY AT YOUR OWN RISK. THE WEBSITE AND ARTIST ARE NOT LIABLE FOR ANY LOSSES OR DAMAGES IN CONNECTION WITH THE USE OF ANY INFORMATION OR ADVICE RECEIVED. ANY HEALTH-RELATED INFORMATION RECEIVED VIA THE WEBSITE, SERVICES, PRODUCTS, OR THE ARTIST SHOULD BE USED FOR INFORMATIONAL PURPOSES ONLY, AND NOT AS A DIRECTIVE OVER ANY ADVICE FROM AN APPROVED OR CERTIFIED MEDICAL PRACTITIONER OR MEDICAL HEALTH PROFESSIONAL. ALWAYS CONSULT THE RELEVANT MEDICAL PROFESSIONALS AND/OR AUTHORITIES BEFORE TAKING ANY ACTION ON THE INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR ARTIST
The Website and Services and Products are provided on an "AS IS" and "AS AVAILABLE" basis. The Website and Services and Products are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Artist does not warrant that a) the Website or Services or Products will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website and Services and Products are free of viruses or other harmful components; or d) the results of using the Website or Services or Products will meet your requirements.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
My failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding my Website and Services and Products, and supersede and replace any prior agreements we might have had between us regarding the Website and Services and Products.
INTERNATIONAL USERS
The Website and Services and Products can be accessed from countries around the world and may contain references and content from the Website or Services that are not available in your country. These references do not imply that the Artist intends to announce the Website or Services or Products in your country. The Website and Services and Products are controlled and offered by the Artist from external hosting facilities in the United States of America. The Website and Services and Products are not intended to subject the Artist to the laws or jurisdiction of any state, country or territory other than that of the United States. THE ARTIST DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules and other laws of applicable jurisdictions.
CHANGES
I reserve the right, at my sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at my sole discretion.
By continuing to access or use my Website and Services and Products after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website and Services and Products.
CONTACT ME
If you have any questions about these Terms, please contact me, at any time, at kathy@kathycrabbe.com.