ACCEPTANCE OF TERMS AND CONDITIONS
IMPORTANT: ALL USERS MUST READ THIS SECTION
By using this site (the “Site”), you (the “End User”) agree to the terms and conditions that we (“kellylydick.com”) have provided. If you do not wish to agree to the outlined terms and conditions, please refrain from using this site.
kellylydick.com reserves the right to make any changes to the Terms of Use and/or our Privacy Policy as deemed necessary or desirable without prior notification to you. It is suggested to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order to stay informed as to any such changes. If changes are made to the Terms of Use and Privacy Policy and you continue to use this Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
TERMS OF USE
Definitions.
“kellylydick.com” is the a website owned and operated by Kelly Lydick on the World Wide Web of the Internet (the “Web”), consisting of information services, content, and transaction capabilities provided by kellylydick.com, affiliates of kellylydick.com and other third parties.
General.
This agreement (“Agreement”) sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is generally a secure environment, sometimes there are interruptions in service or events that are beyond the control of ohotto.com, and ohotto.com shall not be responsible for any data lost while transmitting information on the Internet.
kellylydick.com shall have the right at any time to change or discontinue any aspect or feature of kellylydick.com, including, but not limited to, content, hours of availability and equipment needed for access or use.
Modified Terms.
kellylydick.com reserves the right at all times to discontinue or modify any of the Terms of Use and/or the Privacy Policy as deemed necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon kellylydick.com’s posting thereof. Any use of kellylydick.com by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.
Equipment.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. kellylydick.com shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.
End User Conduct.
This Site and any individual kellylydick.com subsidiary sites or linked sites now or hereinafter contained within or otherwise available through external hyperlinks with our Web site is private property. All interactions on this Site and/or the subsidiary or linked sites must comply with these Terms of Use. Although we welcome and encourage user interaction on the Site, we insist and require that all end users restrict any and all activity in connection with the use of this Site and the subsidiary sites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violates any law, or which, without kellylydick.com’s express prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in kellylydick.com’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the subsidiary sites or linked sites is strictly prohibited. End User shall not use this Site or any of the subsidiary sites or linked sites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the subsidiary sites or linked sites to become users of other on- or off-line services directly or indirectly competitive or potentially competitive with kellylydick.com. The foregoing provisions of this Section 5 apply equally to and are for the benefit of kellylydick.com, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Copyright and Trademarks.
Everything located on or in this Site, including the subsidiary sites, is the exclusive property of kellylydick.com. Linked sites (sites not owned by or part of kellylydick.com but linked to via kellylydick.com through the World Wide Web) containing graphics, designs or trademarks are the exclusive property of their respective owners and protected by the Digital millennium Copyright Act. Linked sites displayed on kellylydick.com are used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE SUBSIDIARY SITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF KELLYLYDICK.COM IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
This Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of kellylydick.com protected by copyright as a collective work under the United States copyright laws. kellylydick.com owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of kellylydick.com and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with kellylydick.com shall not be deemed to be in the public domain but rather the exclusive property of kellylydick.com, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of kellylydick.com, unless otherwise stated. Linked sites and the information contained on any linked sites remains the sole property of the respective site owners.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. kellylydick.com does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted kellylydick.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material, including testimonials. End User also permits any other end user to access, view, store, or reproduce the material for that end user’s personal use. End User hereby grants kellylydick.com the right to edit, copy, publish, and distribute any material made available on this Site by End User.
The foregoing provisions of Section 6 apply equally to and are for the benefit of kellylydick.com, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Intuitive Readings.
Intuitive readings are for entertainment purposes only. Those under 21 years of age should not use this site except with adult supervision. Intuitive readings are not intended to diagnose or treat any physical, emotional, spiritual or mental condition. Intuitive readings are not a substitute for medical advice or medical treatment.
In addition, End User agrees that any services rendered are elective services, and that information relayed to End Users during these services is exclusive to End User and strictly confidential. kellylydick.com will never share, distribute or otherwise publicly propagate any information discussed during intuitive readings with the general public.
IN ADDITION, NEITHER KELLYLYDICK.COM NOR KELLY LYDICK WILL BE HELD LIABLE FOR ANY DAMAGES OR INJURY INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES resulting from decisions made by End Users based on information relayed during intuitive readings. No refunds will be given for intuitive services.
Gateway DreamingÔ Services.
Gateway DreamingÔ services are offered through kellylydick.com as Kelly Lydick is a licensed Gateway DreamingÔ Coach and practitioner under Denise Linn. All Gateway DreamingÔ trademarks, copyrights and related graphics and materials are utilized on this Web site with permission granted through licensure. Gateway DreamingÔ and its related trademarks or copyrighted material may not be used, distributed, copied or sold by any third party or any other entity, organization, or practitioner (unless licensed by Denise Linn).
The Gateway DreamingÔ programs, workshops, classes, teleclasses and individual coaching sessions are provided by kellylydick.com, taught by Kelly Lydick and received by participants on an elective basis. Neither Kelly Lydick nor kellylydick.com is under contract by Denise Linn, Hay House Publishers, nor any of their affiliates or subsidiaries.
The Gateway DreamingÔ programs, workshops, classes, teleclasses and individual coaching sessions are not intended to diagnose or treat any physical, emotional, spiritual or mental condition. Gateway DreamingÔ programs, workshops, classes, teleclasses and individual coaching sessions are not a substitute for medical advice or medical treatment.
Teleclasses, Workshops, and Other Events.
Periodically, teleclasses, workshops and events will be posted on kellylydick.com in which members of the public can participate.
Workshops and other events held on the property of businesses not owned by kellylydick.com or Kelly Lydick are solely responsible for safety and security of the premises for the duration of the workshop, and any liability, damage or injury incurred while participants are present on business owners’ property shall be covered by respective business owners’ insurance carriers.
Neither kellylydick.com nor Kelly Lydick will be responsible for an injury or damage to either property or person while on premises not solely owned by kellylydick.com or Kelly Lydick.
Teleclasses are conducted by telephone and through third-party carriers. kellylydick.com does not and will not subsidize any cost for using these carriers, and will not be responsible for any charges incurred related to teleclass calls, including per minute telephone rates, international charges, cellular telephone charges or related roaming charges or associated fees; therefore End Users agree that any related telephone costs necessary to participate in elective teleclasses are solely the participant’s responsibility. End Users agree that teleclasses are elective services and that each fee for service is unique to each respective teleclass offered.
Teleclasses that are offered and which utilize a third-party telephone carrier are deemed confidential calls as per respective telephone service carriers. Neither kellylydick.com nor Kelly Lydick will be held liable for any delays, damages, or related effects of using a third-party telephone conference calling service.
Teleclasses, workshops and other events are not intended to diagnose or treat any physical, emotional, spiritual or mental condition. Teleclasses, workshops and other events are not a substitute for medical advice or medical treatment.
kellylydick.com reserves the right to change, alter, or otherwise modify telelclasses, workshops and events and related details as necessary and without prior notice, including date, time, location and associated fees. No refunds will be given once teleclasses or workshops are complete.
Purchases
All purchases made on this website are considered “final sale” and are not subject to refunds. Digital download products are protected by copyright law and may not be shared with parties other than the purchaser once purchased and downloaded for individual consumption. Audio journeys are not intended to diagnose or treat any physical, emotional, spiritual or mental condition.
Disclaimer of Warranty; Limitation of Liability.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE SUBSIDIARY SITES IS AT END USER’S SOLE RISK. NEITHER KELLYLYDICK.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT KELLYLYDICK.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE SUBSIDIARY SITES. THIS SITE AND THE SUBSIDIARY SITES ARE MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT KELLYLYDICK.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE END USER.
IN NO EVENT SHALL KELLYLYDICK.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE SUBSIDIARY SITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE SUBSIDIARY SITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER KELLYLYDICK.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE SUBSIDIARY SITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. KELLYLYDICK.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE SUBSIDIARY SITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY KELLYLYDICK.COM. MOREOVER, KELLYLYDICK.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, PROHIBIT ANY AND ALL CONTENT THAT IT, KELLYLYDICK.COM, DEEMS UNSUITABLE.
Monitoring.
kellylydick.com shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by kellylydick.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, kellylydick.com shall have the right to remove any material that kellylydick.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Privacy.
End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms, and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. kellylydick.com does not control or endorse the content, messages or information found in any community, and, therefore, kellylydick.com specifically disclaims any liability concerning the communities and any actions resulting from End Users’ participation in any community, including any objectionable content. Generally, any communication which End User posts to kellylydick.com (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by kellylydick.com as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants kellylydick.com the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see kellylydick.com Privacy Policy.
License Grant.
By posting communications on or through this Site, End User shall be deemed to have granted to kellylydick.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees.
Indemnification.
End User agrees to defend, indemnify and hold harmless kellylydick.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of this Site and/or the subsidiary sites by End User.
Termination.
Either kellylydick.com or End User may terminate this Agreement at any time. Without limiting the foregoing, kellylydick.com shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which kellylydick.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.
Trademarks.
kellylydick.com is a trademark of kellylydick.com. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on kellylydick.com are the property of their respective owners.
Third Party Content.
kellylydick.com, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, kellylydick.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of kellylydick.com. Neither kellylydick.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, End User, or other user not under contract with kellylydick.com. kellylydick.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on kellylydick.com by anyone other than authorized kellylydick.com employee spokespersons while acting in official capacities. Under no circumstances will kellylydick.com be liable for any loss or damage caused by an End User’s reliance on information obtained through kellylydick.com. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through kellylydick.com.
Linked Sites.
kellylydick.com contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by kellylydick.com of the contents on such third-party sites. kellylydick.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk.
Miscellaneous.
This Agreement and any operating rules for kellylydick.com established by kellylydick.com constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect.
For entertainment purposes only. Those under 21 years of age should not use this site except with adult supervision. Intuitive Consultations are not a substitute for and should not be used in place of professional Medical or Psychological Treatment.
