Welcome to the website of “Kelly RutherfordTM”. This website is licensed to and operated by Bagollie LLC (“Company”). Company provides access to this website and any related services provided hereon the “Company Online Services” subject to your compliance with the following Terms of Use. The following Terms of Use shall apply to all visitors of this website. Please read these Terms of Use carefully as your continuous use of this website constitutes an acceptance of these Terms of Use. Any violation of these Terms of Use may lead to legal actions to seek all remedies by law and in equity. Do not use this website if you do not agree to be subject hereby. All rights not expressly granted herein are reserved by Company.
A. Content and Accuracy of Website
The information provided on this website has been carefully compiled by Company. Company endeavors to be accurate when describing offered items and other content of this Website Company continually checks and updates this information; however information, item descriptions or other content on this website is not promised or guaranteed by Company to be correct, current, or complete, and this website may contain technical inaccuracies or typographical errors. Company assumes no responsibility (and expressly disclaims responsibility) for updating this website to keep information current or to ensure the accuracy or completeness of any posted information.
Product offers and sales thereof shall be governed by these terms of use and the additionally provided General Terms & Conditions of Sale of Company, which are made available and must be accepted by any customer prior to any transaction.
B. Minors
This website is designed for the general audience. Company recommends that parents supervise their children during their exploring of online contents.
C. Intellectual Property Notice
The entire content and structure of the website of Company, including, but not limited to text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, software or HTML code, scripts, text, artwork, photographs, images, video, and audio product is owned, controlled by, or licensed to Company and affiliates and is protected by copyright, trademark, and other intellectual property rights, and include all intellectual properties of Company or relevant third party licensors under U.S. and international laws and treaties. Material on this website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Company in each instance. No right, title or interest in any content of this website is conveyed to the visitors of the website. The visitor agrees (i) not to copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or use this website or any of its Products without our prior, written permission; (ii) not to access or use the Company website for any competitive or commercial purpose; and (iii) not to copy, alter, distribute, transmit, perform, display, or any other use of the content and information on this.
Any use of information, extracts, images or data provided on this website requires the prior written consent of Company. The visitor agrees to all additional copyright notices, restrictions and information that appear or will appear on the website of Company. Any violation will be subject to criminal prosecution and includes Company’s right to enforce civil remedies.
D. Code of Conduct
We do not review every message, nor do we confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of Company, its labels, or any person or property associated with Company, this website, or any other website in the Company family of websites. If you feel that any posting is objectionable, we encourage you to contact us at admin@kellyrutherford.com. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.
You agree, by using this website and/or the Company Online Services, that: (1) you will not use this website or any of the Company Online Services to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, or otherwise in violation of any law; (2) you will not restrict or inhibit any other user from using and enjoying this website or any of the Company Online Services provided hereon (for example, by means of hacking or defacement); (3) you will not post any copyrighted material on this website or any of the Company Online Services provided hereon unless you own the copyright in and to such material; (4) you will not post or transmit any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (5) you will not post or transmit materials in violation of another party’s copyright or other intellectual property rights; (6) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of this website, the Company Online Services, or the contents of such website or services; and (7) you will not impersonate any other individual or entity in connection with your use of this website or any of the Company Online Services.
Although we cannot and do not review all posted messages, we reserve the right to remove (or not) any message for any (or no) reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless Company and agents with respect to any claim based upon the transmission of your message(s) and/or posting(s).
We reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.
Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden on the Company websites and any related Company Online Services (including bulletin boards and chat rooms).
E. Submissions
Any unsolicited submitted information, material, idea, feedback, questions, comments, proposals or similar content that is transmitted to Company shall be treated as non confidential, non proprietary and may be disseminated or used by Company or any of its affiliates for every and any purpose whatsoever, including, but not limited to, developing and marketing products, services and certification procedures. Furthermore, a free, indefinite and non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from shall be granted with the transmission of such information. Any such information may be infinitely reproduced, used, published and passed on to any third parties by Company at its sole discretion in any medium and through any methods of distribution, transmission, and display whether now known or hereafter devised.
F. License to Company
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this website, you are granting Company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
G. Linking
This website may contain links to sites owned and operated by third parties outside Company’s influence and control, and those sites may have terms and conditions that differ from Company’s website. These links are provided by Company only as a convenience and Company makes no representations regarding the quality, nature and reliability of these third-party sites. Such linked third party websites are the sole responsibility of the relevant operator. You access them at your own risk.
Although links to this website are generally welcome, any presentation or implementation of this website or parts thereof in third party frames, websites or similar instruments however requires express prior written consent of Company. Framing, inline-linking or other association of this website or its information with links, advertisements and/or other information not originating from this website is expressly prohibited.
H. LIMITATION OF WARRANTY AND LIABILITY
THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THIS WEBSITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, THE COMPANY ONLINE SERVICES, AND/OR ANY THIRD PARTY SITES IS TO STOP USING THE WEBSITE(S) CONCERNED AND/OR THOSE SERVICES. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS WEBSITE AND THE INFORMATION, SOFTWARE, FORMS, STATEMENTS, AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
I. Indemnification
You agree to indemnify, defend, and hold Company, their officers, directors, owners, employees, provider, affiliates, licensors, suppliers and third parties harmless from and against any and all losses, damages, liability and costs arising in connection with claims resulting from any violation by you of these Terms of Use or the representations, warranties, and covenants contained herein, including but not limited to attorneys fees and costs. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
J. Privacy
For any information of Company’s practices and policies related to the collection and use of any information of the visitors of the website of Company, please read the Privacy Policy.
If you wish to purchase products or services described on this website, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. (see the Company’s privacy policy.)
K. Modification of Terms
These Terms of Use constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled.
Company reserves the right, at its sole discretion, to terminate, change, suspend or discontinue or modify any time, any aspect of these Terms of Use including but not limited to the availability of features and without prior notice. Changes of the content of these terms and conditions will be posted on the website of Company and will take effect immediately after implementation on the website. Your continued access to this website after any change of these Terms of Use shall be deemed acceptance of any and all changes or modifications.
L. Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of State of New York. Any dispute arising from these terms shall be resolved exclusively in the state and federal courts of the State of New York, without regard to conflicts of laws provisions.
Company makes no representation that materials in this website are appropriate or available for use in other locations. Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. Company reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited. If you access this website from outside the United States, be advised this website may contain references to products and services that may not be available or that may be prohibited in your country.
Each party further agrees as follows: (i) any cause of action you may have with respect to your use of this website must be commenced within one (1) year of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of this Terms of Use shall continue in full force and effect.