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M.Katyanna

Designs - Lifestyle Blog - Fashion Boutique

© 2004 M.Katyanna, LLC.

TERMS AND CONDITIONS

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. 

 

WELCOME TO THE USER AGREEMENT (THE "AGREEMENT OR "USER AGREEMENT") FOR M.KATYANNA, LLC.  THIS AGREEMENT DESCRIBES YOUR TERMS AND CONDITIONS APPLICABLE TO THE USE OF OUR SITE AND SERVICES UNDER THE DOMAIN OF WWW.MKATYANNA.COM and WWW.EVERYTHINGSHELOVESBOUTIQUE.COM. IF YOU VISIT OR SHOP AT THIS SITE, YOU ACCEPT THESE TERMS AND CONDITIONS.

 

M.KATYANNA, LLC., MAY REVISE THESE TERMS FROM TIME TO TIME BY UPDATING THIS POSTING, WITH THE REVISED TERMS TAKING EFFECT AS OF THE DATE OF ITS POSTING. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SERVICES.

 

IF YOU HAVE ANY QUESTIONS PLEASE CONTACT A CUSTOMER CARE SPECIALIST AT CUSTOMERCARE  AND REFER TO OUR USER AGREEMENT FREQUENTLY ASKED QUESTIONS.

 

YOU MUST READ, AGREE WITH AND ACCEPT ALL OF THESE TERMS AND CONDITIONS CONTAINED IN THIS USER AGREEMENT AND PRIVACY POLICY, WHICH INCLUDE THOSE TERMS AND CONDITIONS EXPRESSED BELOW AND THOSE INCORPORATED BY REFERENCE, BEFORE YOU MAY BECOME A MEMBER OF EVERYTHINGSHELOVESBOUTIQUE.COM OR M.KATYANNA, LLC. WE STRONGLY RECOMMEND THAT, AS YOU READ THIS USER AGREEMENT, YOU CAN ALSO ACCESS AND READ THE INFORMATION CONTAINED IN THE OTHER PAGES AND WEBSITES REFERRED TO IN THIS DOCUMENT, AS THEY MAY CONTAIN FURTHER TERMS AND CONDITIONS THAT APPLY TO YOU AS AN EVERYTHINGSHELOVESBOUTQUE.COM AND WWW.MKATYANNA.COM USER. BY ACCEPTING THIS USER AGREEMENT, YOU ALSO AGREE THAT YOUR USE OF OTHER EVERYTHINGSHELOVESBOUTIQUE.COM OR WWW.MKATYANNA.COM WEBSITES OR AFFILIATE WEBSITES WILL BE GOVERNED BY THE USER AGREEMENT PRIVACY POLICY POSTED ON THOSE WEBSITES. THIS WILL ALSO INCLUDE, BUT NOT BE LIMITED TO, OUR PINTEREST, INSTAGRAM, TUMBLR, FACEBOOK, TWITTER, BLOGGER AND GOOGLE + AND ANY OTHER RELEVANT ACCOUNTS. 

 

M.KATYANNA, LLC. RESERVES THE RIGHT TO MAKE CHANGES TO OUR TERMS AND CONDITIONS ACCORDING TO ANY REVISED LEGISLATION OR ANY CHANGES MADE WITHIN THE COMPANY. M.KATYANNA, LLC., RESERVES THE RIGHT TO MAKE CHANGES TO OUR SITE ACCORDING TO ANY REVISED LEGISLATION. 

 

YOU MAY NOT COPY OR REPRODUCE ANY CONTENT OF THIS WEBSITE FOR PERSONAL OR COMMERCIAL USE UNLESS STATED SO. ANY FREE DOWNLOADABLE’S ARE FOR THE SOLE PURPOSE OF PERSONAL USE ONLY AND MAY NOT BE REDISTRIBUTED OR SOLD WITHOUT OUR KNOWLEDGE.  THE COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS IN ALL MATERIAL ON THIS WEBSITE ARE OWNED BY US, OUR LICENSORS OR AFFILIATES AND MUST NOT BE USED REPRODUCED, DISTRIBUTED OR SOLD WITHOUT OUR PRIOR WRITTEN AND SIGNED CONSENT.

 

ANY UNLAWFUL ACTIVITY MAY RESULT IN CIVIL AND CRIMINAL PENALTIES. VIOLATORS WILL BE PROSECUTED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

TERMS OF USE CHANGES

We reserve the right to make changes to these terms and conditions, at any time, and such changes will be effective immediately upon being posted on our websites, blog or social media platforms. Each time you use our websites, blog or services, you should review the current terms and conditions. You can determine when these terms were last revised by referring to the "LAST UPDATED" legend at the top of these terms and conditions. Your continued use of our websites, blog or services, will constitute your acceptance of the current terms and conditions; however, any material change to these terms after your last usage of websites, blog or social media platforms, will not be applied retroactively. Except for such material changes, the terms that were in effect at the time any claim or dispute arose between you and M.Katyanna, LLC., will be applied.

 

COPYRIGHT

 

ALL CONTENT INCLUDED ON THIS SITE, SUCH AS TEXT, GRAPHICS, LOGOS, BUTTON ICONS AND IMAGES, IS OUR PROPERTY OR THE PROPERTY OF OUR CONTENT SUPPLIERS AND PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT LAWS. ALL SOFTWARE USED ON THIS SITE IS OUR PROPERTY OR THE PROPERTY OF OUR SERVICE PROVIDER OR ITS SUPPLIERS AND PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT LAWS.

 

LICENSE AND SITE ACCESS

 

WE GRANT YOU A LIMITED LICENSE TO ACCESS AND MAKE PERSONAL USE OF THIS SITE AND NOT TO DOWNLOAD (OTHER THAN PAGE CACHING) OR MODIFY IT, OR ANY PORTION OF IT, EXCEPT WITH OUR EXPRESS WRITTEN CONSENT. THIS LICENSE DOES NOT INCLUDE ANY RESALE OR COMMERCIAL USE OF THIS SITE OR ITS CONTENTS; ANY COLLECTION AND USE OF ANY PRODUCT LISTINGS, DESCRIPTIONS, OR PRICES; ANY DERIVATIVE USE OF THIS SITE OR ITS CONTENTS; ANY DOWNLOADING OR COPYING OF ACCOUNT INFORMATION FOR THE BENEFIT OF ANOTHER MERCHANT; OR ANY USE OF DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS. THIS SITE OR ANY PORTION OF THIS SITE MAY NOT BE REPRODUCED, DUPLICATED, COPIED, SOLD, RESOLD, VISITED, OR OTHERWISE EXPLOITED FOR ANY COMMERCIAL PURPOSE WITHOUT OUR EXPRESS WRITTEN CONSENT. YOU MAY NOT FRAME OR UTILIZE FRAMING TECHNIQUES TO ENCLOSE ANY TRADEMARK, LOGO, OR OTHER PROPRIETARY INFORMATION (INCLUDING IMAGES, TEXT, PAGE LAYOUT, OR FORM) WITHOUT OUR EXPRESS WRITTEN CONSENT. YOU MAY NOT USE ANY META TAGS OR ANY OTHER "HIDDEN TEXT" UTILIZING OUR NAME OR TRADEMARKS WITHOUT OUR EXPRESS WRITTEN CONSENT. ANY UNAUTHORIZED USE TERMINATES OUR PERMISSION OR LICENSE.

 

CALIFORNIA CIVIL CODE SECTION 1879.3

Pursuant to the California Civil Code Section 1879.3, California residents are entitled to the following specific consumer rights notice:

The name, address, and telephone number of the provider of this website is, M.Katyanna, LLC., 2389 Main Street Suite 100 Glastonbury, CT 06033. 917.239.1417.

 

Complaints regarding products, or requests to receive further information regarding use of this site may be sent to the above address to: info@mkatyanna.com

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at: 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

 

NEW JERSEY RESIDENTS

If you live in New Jersey, please carefully read these terms and conditions and understand that by using our websites, placing an order, or creating an account, in addition to the other terms and conditions herein, you agree:

Any dispute between you and M.Katyanna, LLC., will be governed by the laws of the STATE OF CONNECTICUT and subject to the dispute resolution provisions set forth in the "Disputes Resolution" section below;

Under the laws of the State of  NEW JERSEY, limitations on implied warranties or the exclusive limitation of certain damages as set forth below in the "DMCA/Copyright Policy," "Disclaimers of Warranties," "Limitations on Liability," and "Anti-Diversion" sections may not apply to you. As set forth in the "Indemnification" section below, you are responsible for any harm you cause M.KATYANNA, LLC, whether it is because of your (i) user content; (ii) violation of any applicable law that protects M.Katyanna, LLC., or our legal rights or those of any third party that your actions have damaged; (iii) material uncured breaches of these terms; (iv) infringement by you of any intellectual property rights that belong to M.KATYANNA, LLC., or any third party; (v) any and all activities that occur under your account, username, and password.

 

INTERNATIONAL RESIDENTS

 

Our websites are controlled, operated, and administered from our office in CONNECTICUT in THE UNITED STATES OF AMERICA. We make no representation that content on our websites, social media platforms or those of our affiliates, is appropriate, legal or available for use at any other locations outside the United States. You are prohibited from accessing our websites, social media platforms or blog, where access to such content is prohibited outside of the United States and may be considered illegal, depending on which country you reside in. You may not use the our websites, export or copy any of our content or products, as it in violation of United States export laws and regulations. If you access any of our websites, social media platforms, or those of our affiliates, from a location outside of the United States, you are responsible for compliance with all local laws, if and to the extent, local laws are applicable.

 

GOVERNING LAW

These terms and conditions any action or proceeding relating thereto will be governed by the laws of the State of Connecticut. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.

 

DISPUTE RESOLUTION

 

AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

 

By using our websites, products or services, you agree that any dispute, claim or controversy arising out of or relating to our products, services, or terms and conditions, including our privacy policy and cookie policy, or the breach, termination, enforcement, interpretation, or validity thereof or the use of the services or content available on or through our websites, (collectively, "disputes") will be settled by confidential binding arbitration, expect that each party retains the right to  (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an "IP Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in, Connecticut and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

You acknowledge and agree that both you and M.Katyanna, LLC and it's websites, (www.everythingshelovesboutique.com or www.mkatyanna.com), are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.

 

The parties agree that (i) these terms and conditions memorialize a transaction in interstate commerce; (ii) The Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these terms.

ARBITRATION RULES

 

The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the "JAMS Procedures"), which are available at http://www.jamsadr.com or by calling 1-800-352-5267.

 

The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.

ARBITRATION PROCESS & DISPUTE NOTICE

Prior to initiating an arbitration proceeding, you must first send M.KATYANNA, LLC., a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested ("Dispute Statement"). The Dispute Statement to M.KATYANNA, LLC., must be mailed to the attention of the M.KATYANNA, LLC., at 2389 Main Street Suite 100 Glastonbury, CT 06033, via nationally recognized overnight courier. If we are unable to resolve your claim within thirty (30) days of receipt of the dispute statement, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these terms, including, but not limited to, any claim that all or any part of these terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action.

ARBITRATION LOCATION 

Unless the parties otherwise agree, the arbitration will be conducted in Fairfield County, CT, where our offices are located. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

ARBITRATORS DECISION

The arbitrator's decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Disclaimer of Warranties," and "Limitations of Liability" sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. 

 

TIME LIMIT FOR DISPUTES

 

The parties agree that any cause of action either may have with respect to our websites, products, services, or content must be commenced within one (1) year after the dispute arises, notwithstanding any statutes of limitations to the contrary. Many states' laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these terms, you are agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a dispute.

 

NOTICE TO NEW JERSEY USERS: If you live in New Jersey, your agreement to this provision shortens the time within which you may bring a Dispute.

 

The terms of this dispute resolution section survive any termination of these terms.

DISPUTE OPT OUT

You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter via nationally recognized overnight courier to the attention of M.KATYANNA, LLC., AT 2389 Main Street Suite 100 Glastonbury, CT 06033, within thirty (30) days of your first visit to and use of our websites, social media platforms or blog that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section.

 

In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these terms will continue to apply. If you do not so opt-out, then the terms of this section will apply.

Notwithstanding the provisions of “Terms of Use Changes” section above, if M.KATYANNA, LLC., changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may reject any such change by sending M.Katyanna, LLC., written notice to the attention of M.Katyanna, LLC., at 2389 Main Street Suite 100 Glastonbury, CT 06033, within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and M.Katyanna, LLC., in accordance with the provisions of this "Dispute Opt Out" section as of the date you first accepted these terms and conditions (or accepted any subsequent changes to these terms).

 

OVERALL GENERAL TERMS

These Terms constitute the entire and exclusive understanding and agreement between M.Katyanna, LLC., and you regarding our websites, content, products, blogs, social media platforms and services that may be provided on the site, and these terms supersede and replace any and all prior oral or written understandings or agreements between you and M.Katyanna, LLC., regarding our websites, content, products, blogs, social media platforms and services provided on the site. If, for any reason, a court of competent jurisdiction finds any provision of these terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect.

You may not assign or transfer these terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these terms without such consent will be null and of no effect. We may freely assign or transfer these terms and conditions without restriction. Subject to the foregoing, these terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

Any notices or other communications provided by M.Katyanna, LLC., under these terms, including those regarding modifications to these terms and conditions, will be given by posting to our websites, blogs, or social media platforms.

Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of M.KATYANNA, LLC., except as expressly set forth in these terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise.

Nothing in these terms and conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and M.Katyanna, LLC., and you do not have any authority to create any obligation on our behalf.

DMCA/COPYRIGHT POLICY

 

It is our policy to respect the copyright and intellectual property rights of others. We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, we may terminate access by users who appear to infringe the intellectual property or other rights of others.

We comply with the Digital Millennium Copyright Act ("DMCA").

 

If you believe we or any user of the site has infringed your copyright in any material way, please notify M.Katyanna, LLC., and provide the following:

1. An identification of the intellectual property right claimed to have been infringed. 

2. An identification of the material you claim is infringing so that we may locate it on the website.

3. Your contact information: address, contact number, and email address.

4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner or its licensee, or the agent of either of the foregoing, or the law;

5. A statement by you that the above information in your notice is accurate and made under penalty of perjury; and that you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by writing to the attention of the M.KATYANNA, LLC at 2389 Main Street Suite 100 Glastonbury, CT 06033. You may also send a copy of such inquiry at DMCA INQUIRIES.

DISCLAIMER OF WARRANTIES

OUR PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR PRODUCTS AVAILABLE ON OUR WEBSITES, SOCIAL MEDIA PLATFORMS OR BLOG WILL MEET YOUR STANDARDS, REQUIREMENTS, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR FREE BASIS. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING ANY SERVICES PROVIDED TO YOU.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WARRANTIES RELATING TO OUR PRODUCTS, SERVICES, OR CONTENT, THESE TERMS AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, FROM YOUR PURCHASE OF ANY PRODUCTS VIA THE SITE, OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR PRODUCTS PURCHASED VIA THE SITE IN THE LAST TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OF LIABILITY. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FRANCESCA'S. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY

NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER  M.KATYANNA, LLC,  WWW.EVERTHINGSHELOVESBOUTIQUE.COM, WWW.MKATYANNA.COM OR OUR AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING PRODUCTS, SERVICES, OR CONTENT ON THE SITE WILL BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY – EVEN OUR OWN ACTIVE OR PASSIVE NEGLIGENCE – ARISING IN CONNECTION WITH (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OF DATA OR OTHER INFORMATION THAT IS SENT TO OR RECEIVED BY THE SITE; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THESE TERMS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST TWELVE (12) MONTHS TO  M.KATYANNA, LLC,  WWW.EVERTHINGSHELOVESBOUTIQUE.COM, WWW.MKATYANNA.COM FOR ANY PRODUCTS OR SERVICES SUPPLIED BY US THROUGH YOUR USE OF THE SITE OR OTHERWISE.

WE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, WAR OR ACTS OF GOD.

The terms of this section survive any termination of these terms.

TERMINATION

NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.

Notwithstanding any of these terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use our websites, services, blog or social media platforms and to block and prevent future access or use of such said platforms. You agree that we will not be liable for any termination of your use of or access to our websites, services, blog or social media platforms.

ANTI-DIVERSION

M.KATYANNA, LLC,  WWW.EVERTHINGSHELOVESBOUTIQUE.COM, WWW.MKATYANNA.COM and our affiliates are not responsible for any injury or damage that may result from the purchase of products through distributors or retailers who are not authorized distributors or retailers of our products. We are not responsible for any injury or damage that may result from products purchased past their expiration date or those that have been altered or discontinued.

COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

 

VISITORS MAY SUBMIT REVIEWS, SUGGESTIONS, IDEAS, COMMENTS, QUESTIONS, OR OTHER INFORMATION, SO LONG AS THE CONTENT IS NOT ILLEGAL, OBSCENE, THREATENING, DEFAMATORY, INVASIVE OF PRIVACY, INFRINGING OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE INJURIOUS TO THIRD PARTIES OR OBJECTIONABLE AND DOES NOT CONSIST OF OR CONTAIN SOFTWARE VIRUSES, POLITICAL CAMPAIGNING, COMMERCIAL SOLICITATION, CHAIN LETTERS, MASS MAILINGS, OR ANY FORM OF "SPAM." YOU MAY NOT USE A FALSE E-MAIL ADDRESS, IMPERSONATE ANY PERSON OR ENTITY, OR OTHERWISE MISLEAD TO THE ORIGIN OF THE CONTENT. WE RESERVE THE RIGHT (BUT NOT THE OBLIGATION) TO REMOVE OR EDIT SUCH CONTENT.

 

IF YOU DO POST CONTENT OR SUBMIT MATERIAL, AND UNLESS WE INDICATE OTHERWISE, YOU GRANT US A NONEXCLUSIVE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE, AND FULLY SUB LICENSABLE RIGHT TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, AND DISPLAY SUCH CONTENT THROUGHOUT THE WORLD IN ANY MEDIA. YOU GRANT US AND OUR SUBLICENSEES THE RIGHT TO USE THE NAME THAT YOU SUBMIT IN CONNECTION WITH SUCH CONTENT, IF THEY CHOOSE. YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE CONTROL ALL OF THE RIGHTS TO THE CONTENT THAT YOU POST; THAT THE CONTENT IS ACCURATE; THAT USE OF THE CONTENT YOU SUPPLY DOES NOT VIOLATE THIS POLICY AND WILL NOT CAUSE INJURY TO ANY PERSON OR ENTITY; AND THAT YOU WILL INDEMNIFY US FOR ALL CLAIMS RESULTING FROM CONTENT YOU SUPPLY. WE HAVE THE RIGHT BUT NOT THE OBLIGATION TO MONITOR AND EDIT OR REMOVE ANY ACTIVITY OR CONTENT. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT POSTED BY YOU OR ANY THIRD PARTY.

WE RESERVE THE RIGHT TO DENY, REMOVE OR BAN ANY SUBSCRIBERS OR VISITORS THAT USE DISCRIMINATORY, OBSCENE, PORNOGRAPHIC, DEFAMATORY, LIABLE TO INCITE RACIAL HATRED, IN BREACH OF CONFIDENTIALITY OR PRIVACY, WHICH MAY CAUSE ANNOYANCE OR INCONVENIENCE TO OTHERS, WHICH ENCOURAGES OR CONSTITUTES CONDUCT THAT WOULD BE DEEMED A CRIMINAL OFFENSE, GIVE RISE TO A CIVIL LIABILITY, OR OTHERWISE IS CONTRARY TO THE LAW IN THE UNITED STATES. 

 

M.KATYANNA, LLC, RESERVES THE RIGHT TO DENY ANY PERSON OR PERSONS ACCESS TO OUR SITE OR ANY PART OF OUR SITE, AT ANY TIME WITHOUT NOTICE.

PRODUCT DESCRIPTIONS AND WEBSITE MATERIAL

 

WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE. HOWEVER, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. IF A PRODUCT  OR SERVICE IS NOT AS DESCRIBED OR DISPLAYED CORRECTLY PLEASE CONTACT US TO RECTIFY THE ERROR. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE ACCESS AND USE OF THIS SITE ON THE BASIS THAT WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WHICH MAY HAVE EFFECT IN RELATION TO THIS WEBSITE.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

SITE POLICIES AND MODIFICATION 

 

PLEASE REVIEW OUR OTHER POLICIES, SUCH AS OUR PRIVACY POLICY, POSTED ON THIS SITE. THESE POLICIES ALSO GOVERN YOUR VISIT TO OUR SITE. WE RESERVE THE RIGHT TO MAKE CHANGES TO OUR SITE, POLICIES, AND THESE TERMS AT ANY TIME. IF ANY OF THESE CONDITIONS SHALL BE DEEMED INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, THAT CONDITION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING CONDITION.

 

YOUR CONSENT

BY VISITING M.KATYANNA.COM, EVERYTHINGSHELOVESBOUTIQUE.COM OR ANY OF OUR AFFILIATE WEBSITES, YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS

FRAUD

 

WITHOUT LIMITING ANY OTHER REMEDIES, M.KATYANNA, LLC, WWW.EVERYTHINGSHELOVESBOUTIQUE.COM AND WWW.MKATYANNA.COM MAY SUSPEND OR TERMINATE YOUR ACCOUNT IF WE SUSPECT THAT YOU (BY CONVICTION, SETTLEMENT, INSURANCE OR ESCROW INVESTIGATION, OR OTHERWISE) HAVE ENGAGED IN FRAUDULENT ACTIVITY IN CONNECTION WITH ANY OF THE ABOVE.

 

OPT OUT PROVISION

 

IF YOU WISH TO REQUEST REMOVAL FROM OUR DATABASE OR FOR ANY REASON OR YOU ARE CONCERNED THAT THE PERSONAL INFORMATION MAINTAINED BY EVERYTHINGSHEDOES.COM, IS NOT CORRECT, PLEASE CONTACT A CUSTOMER CARE REPRESENTATIVE FOR ASSISTANCE AT OPTOUT.YOU MAY ALSO MAKE ANY ADJUSTMENTS YOU REQUIRE MANUALLY UNDER, MY ACCOUNTS AFTER YOU HAVE LOGGED IN. 

PRIVACY POLICY

 

M.KATYANNA, LLC., WWW.EVERYTHINGSHELOVESBOUTIQUE.COM, AND ITS PARTNERS RESPECT THE PRIVACY RIGHTS OF ITS ONLINE VISITORS AND RECOGNIZE THE IMPORTANCE OF PROTECTING THE INFORMATION COLLECTED ABOUT THEM. AS PART OF OUR COMMITMENT TO YOUR PRIVACY RIGHTS AND SECURITY.

 

M.KATYANNA, LLC., WWW.EVERYTHINGSHELOVESBOUTIQUE.COM, AND ITS PARTNERS, RESERVE THE RIGHT TO COLLECT NON-PERSONAL DATA ABOUT USE OF THE WEBSITE, SUCH AS PAGES VISITED, TIMES AND VOLUME OF USE OF THE SERVICES AS WELL AS TRAFFIC DATA. TRAFFIC DATA INCLUDES LOGS, DETAILS OF NETWORKS, TIME OF LOG-ON ACCESS, LENGTH OF SESSIONS, LOCATION OF USER AND SIMILAR SYSTEMS DATA.

 

SHOULD THERE BE A SPECIFIC CASE REQUIRED BY LAW, COURT ORDER OR AS REQUESTED BY OTHER GOVERNMENT OR LAW ENFORCEMENT AUTHORITY OR AS REQUIRED TO DELIVER YOUR PURCHASES, EVERYTHINGSHEDOES.COM, WILL NOT SHARE ITS BUYERS DETAILS WITH THIRD PARTIES OTHER THAN STATED HEREIN.

 

REGISTRATION

 

WHEN A SUBSCRIPTION OR PRODUCT IS DOWNLOADED FROM WWW.EVERYTHINGSHELOVESBOUTQIE.COM OR WWW.MKATYANNA.COM, THE INFORMATION IS STORED ON OUR DATABASE. OUR DATABASE STORES SUBSCRIBERS NAME, EMAIL ADDRESS AND PHONE NUMBERS. ADDITIONALLY, SOME SUBSCRIBERS SUCH AS, WINNERS FROM OUR GIVEAWAY SWEEPSTAKES, WILL HAVE THE SHIPPING ADDRESS THEY PROVIDED STORED IN OUR DATA BASE AS WELL. 

IT IS UNLAWFUL TO PROVIDE FALSE INFORMATION OR TO SHARE YOUR PASSWORD WITH OTHERS TO ACCESS ANY OF OUR DATABASES OR WEBSITES. 

 

ANY UNLAWFUL ACTIVITY MAY RESULT IN CIVIL AND CRIMINAL PENALTIES. VIOLATORS WILL BE PROSECUTED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. 

 

WHEN A REGISTRATION OR ORDER IS PLACED WITH M.KATYANNA, LLC., OR ON ANY OF UR WEBSITES, THE INFORMATION IS STORED ON OUR DATABASE. BUYERS CAN ACCESS PREVIOUS ORDERS AT ANYTIME BY LOGGING INTO THEIR ACCOUNT

 

YOUR PASSWORD

 

YOUR ACCOUNT PASSPORT GIVES YOU ACCESS TO YOUR ACCOUNT INFORMATION. YOU MAY CHANGE YOUR PASSWORD ANYTIME AND AS MANY TIMES AS YOU WOULD LIKE. 

 

M.KATYANNA, LLC., RESERVES THE RIGHT TO DENY ANY PERSON, PERSONS, COMPANIES, VENDORS, BUYERS, OR ORGANIZATIONS ACCESS TO OUR SITE, OR ANY PART OF OUR SITE AT ANY TIME WITHOUT NOTICE. ANY ABUSE OR DISTRIBUTION OF PASSWORDS WILL RESULT IN AN IMMEDIATE BAN FROM OUR WEBSITES AND SERVICES. 

 

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET BY OUR TERMS AND CONDITIONS, DO NOT USE OR ACCESS OUR WEBSITES OR SERVICES. 

AGE RESTRICTION

 

ONLY PERSONS AGE 18 OR OLDER HAVE PERMISSION TO ACCESS OUR WEBSITES OR SERVICES. OUR SERVICE DOES NOT ADDRESS ANYONE UNDER THE AGE OF 13 ("CHILDREN").

WE ARE IN COMPLIANCE WITH THE REQUIREMENTS OF COPPA (CHILDREN'S ONLINE PRIVACY PROTECTION ACT) 

SEE OUR PRIVACY POLICY FOR MORE INFORMATION. 

LINKS TO AND FROM OTHER WEBSITES

 

FOR YOUR CONVENIENCE ANY LINKS TO THIRD PARTY WEBSITES ARE PROVIDED IN OUR WEBSITES, BLOGS OR SOCIAL MEDIA PLATFORMS. WE HAVE NOT AND CANNOT REVIEW EACH THIRD PARTY WEBSITE AND HAVE NO RESPONSIBILITY FOR ANY THIRD PARTY WEBSITES OR THEIR CONTENT. 

 

ADDITIONALLY, ANY LINKS THAT HAVE BEEN HACKED AND/OR ARE DELIBERATELY BEING REDIRECTED TO UNSAFE SITES THAT CONTAIN PORNOGRAPHY, OR ANY OTHER OFFENSE MATERIAL SHALL NOT BE OUR RESPONSIBILITY. YOU THEREFORE CHOOSE TO ACCESS A THIRD PARTY WEBSITE LINK AT YOUR OWN RISK. 

 

LINKING FROM OUR WEBSITES 

 

IF YOU WOULD LIKE TO LINK TO ANY OF OUR WEBSITES, YOU MAY ONLY DO SO ON THE BASIS THAT YOU PROVIDE A LINK BACK TO THE SITE, AND ARE SUBJECT TO THE FOLLOWING CONDITIONS:

 

  1. YOU DO NOT, IN ANY WAY, IMPLY THAT WE ARE ENDORSING ANY SERVICES OR PRODUCTS, UNLESS THIS HAS BEEN SPECIFICALLY AGREED UPON BY US IN IS CLEARLY STATED IN WRITING. 

  2. YOU DO NOT MISREPRESENT OUR RELATIONSHIP OR PRESENT ANY FALSE INFORMATION REGARDING EVERYTHINGSHELOVESBOUTIQUE.COM, MKATYANNA.COM, OR ANY OTHER AFFILIATE COMPANIES AND OR PRODUCTS AND SERVICES FROM OUR WEBSITES. 

  3. YOU DO NOT LINK FROM A WEBSITE THAT HAS CONTENT WHICH IS OFFENSIVE, CONTROVERSIAL, INFRINGES ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY PERSON OR DOES NOT COMPLY IN ANY WAY WITH THE LAW IN THE UNITED STATES. 

  4. IF YOU CHOOSE TO LINK TO EVERYTHINGSHELOVESBOUTIQUE.COM OR ANY OF OUR OTHER WEBSITES AND ARE IN BREACH OF ANY GUIDELINES OUTLINED IN THIS TERMS OF USE AGREEMENT THEN YOU SHALL FULLY INDEMNIFY US FOR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OF YOUR ACTIONS.