Katelynsam – Author, Graphic Designer, Dreamer

TERMS OF USE

Effective Date: August 1, 2024.

Welcome! These Terms of Use (“Terms”) set forth a legally binding agreement between you and Katelynsam Dixon (“Katelynsam Dixon”, “we”, “our”, or “us”), and govern your use of any content, text, data, information, graphics, photographs and more (collectively referred to as “Materials”) that we may make available to you, as well as any services (“Services”) we may provide through katelynsam.com (“Site”).

YOU CANNOT USE THIS SITE IF YOU DO NOT ACCEPT THESE TERMS. REVIEW THESE TERMS CAREFULLY BEFORE BROWSING THIS SITE.  USING THIS SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. 

THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

MODIFICATIONS.

We may modify the Materials or Services we offer you and/or modify, suspend, or discontinue this Site at any time without notifying you. We may also change, update, add or remove provisions (“modifications”) of these Terms. We will inform you of these modifications to the Terms by posting them on the Site.

If you object any of these modifications, your sole recourse shall be to cease use of this Site. By continuing to use this Site following notice of such modifications, you will acknowledge and agree to be bound by the modifications. These Terms may be superseded by expressly-designated legal notices on pages of this Site. These expressly-designated legal notices are hereby incorporated into the Terms and supersede the provisions of these Terms.

GENERAL USE OF THE SITE.

Your permitted use of this Site is for your individual, consumer purposes (“Permitted Use”).

By using this Site, you promise that you are at least 18 years of age.  If you are not yet 18 years old, you must have the permission of an adult to use this Site and agree to its Terms, and that adult must be a parent or legal guardian who is willing to be responsible for your use of this Site.  To the extent you consent to the Terms on behalf of your child or otherwise consent to your child’s use of the Services and/or any collection of personal information from your child, you are representing and warranting that you are the parent or legal guardian of your child and have authority to do so on their behalf.

These Terms grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Materials on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”) and/or print one copy of the Materials as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Materials, and (ii) may be suspended or terminated for any reason, without advance notice or liability. Your unauthorized use of the Materials may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

UNAUTHORIZED SITE USAGE

For clarity, we authorize your use of this Site only for the Permitted Use outlined above. Any other use of this Site beyond the Permitted Use is prohibited, and constitutes unauthorized use of this Site. Unauthorized use of this Site may result in violation of various United States and international copyright laws. Unauthorized use includes but is not limited to the examples listed below. Unless you have written permission from us stating otherwise, you are not authorized to use the Site in any of the following ways:

  • For any public or commercial purpose which includes use of this Site on another site or through a networked computer environment;
  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Site;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual;
  • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • To interfere with or disrupt this Site or servers or networks connected to this site;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with this Site; or
  • Attempt to gain unauthorized access to any portion of this Site or any other accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means;
  • To engage in n connection with the Service or Materials that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to us;
  • Infringe any intellectual property or other right of any third party;
  • To otherwise violate these Terms.

You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us.  You also agree to pay any damages that we may end up having to pay as a result of your violation.  You alone are responsible for any violation of these Terms by you.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

PRIVACY POLICY

Please review our Site’s Privacy Policy here: katelynsam.com/privacy-policy/. This explains how we may use your personal data. Additionally, because katelynsam.com is powered by WordPress.com, and by extension, Automattic, our use of cookies is also governed by Automattic’s Privacy Policy, which you should review as well here: https://automattic.com/privacy/. Both Katelynsam.com’s Privacy Policy and Automattic’s Privacy Policy are incorporated into these Terms by reference.

THIRD-PARTY LINKS.

We sometimes provide links on this Site to third-party websites. By using these links, you will leave this Site. We are not obligated to review any third-party websites that you link to from this Site. We do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them).  We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them.  If you decide to access any of the third-party websites linked to from this Site, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.

YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY PRODUCTS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.

PROPRIETARY RIGHTS

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Site are our sole property, Copyright © 2024 Katelynsam Dixon. All rights reserved. All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.  

DISCLAIMER OF WARRANTIES.

THIS SITE AND THE MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS SITE OR THE MATERIALS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 

WE DO NOT PROMISE YOU THAT THIS SITE IS FREE OF PROBLEMS.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THIS SITE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS SITE SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

LIMITATION OF LIABILITY.

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.  IN NO EVENT SHALL WE BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY YOU OR ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR TOTAL, AGGREGATE LIABILITY EXCEED $100. 

DISPUTE RESOLUTION & ARBITRATION AGREEMENT; CLASS ACTION WAIVER

PLEASE READ CAREFULLY AS THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

This Dispute Resolution and Arbitration; Class Action Waiver provision (the “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us.  “Dispute” in this instance is given the broadest meaning enforceable by law.

You agree that any Dispute shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury.  Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.  To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).  You have the option, however, to opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  WE AND YOU AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Mandatory Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by sending an email to us at katelynsamauthor@gmail containing the following information: (1) Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief are seeking. After a receipt of the notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). If we do not resolve the Dispute within 60 days after receiving your notification, then you may pursue your Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”).  You may opt-out of this Provision by emailing us at katelynsamauthor@gmail.com with the following information: (1) Your name; (2) Your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. We promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. However, we will enforce the Opt-Out Deadline so please note that any opt-out request received after the Opt-Out Deadline will not be valid and you must then pursue your Dispute in arbitration or small claims court.

ARBITRATION PROCEDURES.

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), http://www.adr.org, or JAMS, http://www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, the AAA rules are available at http://www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS rules are available at http://www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules for either AAA or JAMS.  Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration

You or we may initiate arbitration in either California or the federal judicial district that includes your address.

Each Party Shall Bear Their Own Fees and Costs

Except as expressly provided in the Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

 

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of this Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

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No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury.  By entering into these Terms, you understand and agree that you and we are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that you would have if you went to court (such as the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

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Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision and the remainding language of the Provision will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Provision shall survive the termination of discontinued use of this Site.  ‍

LANGUAGE.

The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

GENERAL.

We will inform you if you are not complying with the Terms.  We may even provide you with recommended necessary corrective action(s).

However, certain violations of these Terms, as determined by our discretion, may require immediate termination of your access to this Site without prior notice to you.  The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in San Diego County, California.  If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  By choosing not to enforce any of these Terms, we are not waiving our rights.  These Terms form the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website.  The proprietary rights, disclaimer of warranties, representations you made, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CONTACT US

If you have any questions about these Terms or otherwise need to contact us, please reach out to katelynsamauthor@gmail.com.