PLEASE READ THESE TERMS CAREFULLY. DO NOT ACCEPT THIS CONTRACT UNLESS YOU AGREE TO THESE TERMS.
These Terms of Use (the “Terms of Use”) apply to the Kersten Kimura Academy website located at https://shop.kerstenkimura.com (the “Site”). The Site is the property of UrbanJane LLC, a California corporation (“UrbanJane”). Please read these Terms of Use carefully. BY ACCESSING THIS SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE, WHICH FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SITE. The Site is intended to be used solely by individuals over the age of 18.
Ownership of Content
Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics, and the design, compilation, and other matters related to this Site (collectively, “Content”) are protected under applicable intellectual property and other laws, including, without limitation, those of the United States. The reproduction, duplication, distribution (including by way of email or other electronic means), publication (including posting on another website) modification, copying or transmission of Content from this Site in any form or by any means is strictly prohibited without the express prior written consent of UrbanJane. UrbanJane grants you a personal, limited, non-exclusive, non-transferable license to access, view and make personal and non-commercial use of this Site. You agree not to access the Site through any automated means (such as through the use of scripts or web crawlers, etc.).
Trademarks
The UrbanJane logo and all page headers, custom graphics, button icons, trademarks, service marks and logos appearing on this Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of UrbanJane (the “Marks”). All other trademarks, names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without the express prior written consent of UrbanJane. You are not authorized to display or use trademarks, names, logos, service marks and/or trade dress of other owners without their express prior written consent. The use or misuse of the Marks or other trademarks, names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy at https://shop.kerstenkimura.com/privacy-policy/.
Site Submissions
You may choose to submit information to UrbanJane through our Site for various reasons, such as to login, provide a testimonial, or to make a purchase. By submitting information to UrbanJane, you are authorizing us to utilize this information for the purpose for which it was submitted and for such other purposes as set out in our Privacy Policy. Nothing in these Terms of Use or the Site shall constitute an offer or promise of employment or licensing relationship. We may or may not review all or any information submitted to us. Except for personally identifiable information such as names, addresses, and financial information, unsolicited information submitted to this Site is assigned to UrbanJane free of charge, together with all worldwide rights, title and interest in all copyrights and other intellectual property rights in such submission and UrbanJane and its affiliates and related entities may use, sublicense, adapt, distribute, publicly perform, publish, display or delete such submission at its sole discretion. By sending any unsolicited submission to UrbanJane, you waive the right to make any claim against UrbanJane, its parents or affiliates related to use of the submission.
Termination
UrbanJane reserves the right to immediately terminate your use of, or access to, this Site at any time for any reason in its sole discretion. UrbanJane further reserves the right to modify or discontinue this Site or any portion thereof at any time without notice.
Copyright Infringement
If you believe that any material contained in this Site infringes your copyright, you should notify UrbanJane of your copyright infringement claim in accordance with the following procedure. UrbanJane will process notices of alleged infringement which it receives and will take appropriate action pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to UrbanJane by mail at c/o PO Box 75281, Phoenix, Arizona 85087, or by e-mail to info@kerstenkimura.com. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): (i) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on our Site; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you are a user outside the United Sates and are not subject to the DMCA, you should notify UrbanJane of your copyright infringement claim in writing and in accordance with the above procedure and other applicable intellectual property laws.
No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS OR ANY GOODS OR SERVICES SOLD THROUGH THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, WHICH ARE EACH PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ANY GOODS OR SERVICES SOLD THROUGH THIS SITE, AND ANY SITE WITH WHICH THIS SITE MAY BE LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, LICENSEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.
Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR OFFICERS, DIRECTORS, EMPLOYEES, LICENSEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE PURCHASE OF GOODS OR SERVICES SOLD THROUGH THIS SITE, OR ANY WEBSITE WITH WHICH THIS SITE MAY BE LINKED. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
These Terms of Use give you specific legal rights and you may also have other rights which vary by jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Indemnity
You agree to defend, indemnify and hold harmless UrbanJane, its directors, officers, managers, members, employees and agents, from and against all the liabilities, claims, damages and expenses arising out of or related to your use of this Site.
General Provisions
These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use, will be substituted with a valid and enforceable provision reflecting the intent of the invalid provision, and does not affect the validity and enforceability of any remaining provisions. No provision of these Terms of Use shall be waived except with prior written consent of UrbanJane. The failure to exercise, or delay in exercising, any right or remedy under these Terms of Use will not operate as a waiver. These Terms of Use may be assigned by UrbanJane in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Failure to act with respect to a breach of this agreement does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof.
Modification
UrbanJane reserves the right to modify or amend these Terms of Use without notice at any time. The latest Terms of Use will be posted on the Site, and you should always review these Terms of Use prior to using the Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Site. Use by you of the Site following any modifications or amendments to these Terms of Use shall signify your acceptance of such modifications or amendments.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to UrbanJane, c/o PO Box 75281, Phoenix, Arizona 85087 (in the case of notice to UrbanJane) or to the email address you provide to UrbanJane (in the case of notice to you). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address you have provided to UrbanJane. In such case, notice shall be deemed given 3 days after the date of mailing.
Contact UrbanJane
Any questions, comments, or issue with this Site should be addressed to the Site Administrator at info@kerstenkimura.com. The website https://kerstenkimura.com is operated by UrbanJane LLC.
Governing Law
This Agreement is governed by, and construed in accordance with, the laws of the State of California, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of California or, if appropriate, the United States District Court for the State of California for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Dispute Resolution
The parties shall first attempt, promptly and in good faith, to resolve any such dispute informally between them. If the parties are unable to resolve any such dispute within thirty (30) days, then either party may submit such controversy or dispute to individual mediation. If neither party submits the controversy to mediation within sixty (60) days from the first date of the original controversy, or if mediation does not solve the dispute, then UrbanJane wins the dispute by default.
Acceptance
Accessing this site means you understand that this is a binding contract, you understand the terms and conditions explained here, and you agree to comply with all the terms and conditions.