Last Updated on 8/12/2024

NOTICE: These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​Your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use,​ ​or​ ​access​ ​of​ ​any​ ​of​ ​Our​ ​products,​ ​including​ ​online​ ​courses.

 

 

 

General Provisions

 

This website is owned and operated by Kate Gadd Designs, LLC dba River City Design Studio, a Wisconsin company. Our principal place of business is located at 2401 Jefferson Street, Two Rivers, WI 54241.

You must be at least sixteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.

 

Terms of Site & Course Access and Product Purchaser Agreement

 

All programs, products, and services are owned and provided by Kate Gadd Designs, LLC (“Company” or “We” or “Us” or “Our”). The term “You,” “Your” or “Client” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). If You use our Services on behalf of another person or entity, You represent and warrant that You’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services You’re accepting the Agreement on behalf of that person or entity, and that if You, or that person or entity, violates the Agreement, You and that person or entity agree to be responsible to us. These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering(s). We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page. 

These Terms govern Your access to and use of the software, applications, extensions, and other products and services We provide. These Terms also govern visitors’ access to and use of any websites that use our Services, like the websites that our users create using our services. Please note though that the operators of those websites may also have their own separate terms of use.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, You agree to be bound by all of the Terms and all other operating rules, policies, and procedures that We may publish via the Services from time to time (collectively, the “Agreement”). You also agree that We may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes. If You do not agree with any of Our Terms and Conditions of Use, please email Us at kate@kategadddesigns.com ​and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).

 

Your Product or Course Use & Consent 

When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use. 

You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.

 

 

Your Account

When using Our Offering requires an account, You agree to provide us with complete and accurate information and to keep the information current so that We can communicate with You about Your account. We may need to send You emails about notable updates or to let You know about legal inquiries or complaints We receive about the ways You use Our Offering so You can make informed choices in response. We may limit Your access to Our Offering until we’re able to verify Your account information.

When You create an account, We consider that to be an inquiry about our products and services, which means that We may also contact You to share more details about what We have to offer (i.e., marketing). You can opt out of the marketing communications at any time.

You’re solely responsible and liable for all activity under Your account. You’re also fully responsible for maintaining the security of Your account (which includes keeping Your password secure). We’re not liable for any acts or omissions by You, including any damages of any kind incurred as a result of Your acts or omissions.  

Don’t share or misuse Your access credentials. And notify us immediately of any unauthorized uses of Your account, store, or website, or of any other breach of security. If We believe Your account has been compromised, We may suspend or disable it.

 

 

Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through Our Offering by users or anyone else (”Content”). We’re not responsible for any use or effects of Content or third-party websites. So, for example:

• We don’t have any control over third-party websites.
• A link to or from one of our Services does not represent or imply that We endorse any third-party website.
• We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
• You’re fully responsible for the Content available on Your website, and any harm resulting from that Content. It’s Your responsibility to ensure that Your website’s Content abides by applicable laws and by the Agreement.
• We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. 

Please note that additional third-party terms and conditions may apply to Content You download, copy, purchase, or use.

 

 

 

Intellectual Property Notice

 

All images, text, designs, graphics, trademarks, and service marks are owned by and property of Kate Gadd Designs, LLC, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may NOT use Our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.

 

Online Course Intellectual Property

 

Limited License

Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of Kate Gadd Designs, LLC​. 

To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials, or related communications.

You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.

You​ ​may: 

• Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member).
• Download and/or print any Offering materials for Your personal use in Your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member).
• Use Our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, citing ©Kate Gadd Designs, LLC​ as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™. 

You​ ​may​ ​not: 

• Re-sell or trade Your access to the Offering.
• Share the Offering with anyone else who has not yet purchased it or opted in to receive it. 
• Reprint or republish any of the Offering, in part or in whole.
• Distribute any of the materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing.
• Reproduce and tweak any part or whole of the Offering for distribution as Your own work.
• Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).
• Use Our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

 

Request for Permission to Use Content

If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Us at kate@kategadddesigns.com.

 

Civil and Criminal Penalties

Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Wisconsin​ by opting into or purchasing any Offering or accessing its related communications and/or materials.

 

Your Material and Contributions

​By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Offering and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose Your participation in the same. 

 

Model Release

You​ ​must​ ​own​ ​the​ ​copyright​ ​to​ ​any​ ​image(s)​ ​You​ ​use​ ​by​ ​default​ ​or voluntarily​ ​on​ ​Our​ ​platforms​ ​or​ ​in​ ​Our​ ​Offering​ ​or​ ​related​ ​materials.​ ​You​ ​grant​ ​Us​ ​a commercial​ ​license​ ​to​ ​any​ ​image(s)​ ​You​ ​submit​ ​to​ ​Us​ ​by​ ​default,​ ​such​ ​as​ ​a​ ​Facebook profile​ ​photo​ ​or​ ​other​ ​profile​ ​image​ ​You​ ​voluntarily​ ​provide​ ​in​ ​accessing​ ​the​ ​Offering,​ ​or voluntarily​ ​upon​ ​Our​ ​request.​ ​Such​ ​a​ ​default​ ​or​ ​voluntary​ ​release​ ​of​ ​Your​ ​image​ ​and likeness​ ​may​ ​be​ ​used​ ​for​ ​any​ ​reasonable​ ​future​ ​business​ ​use.

 

Notifications of Use

​We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.

 

Security and Assumption of Risk 

 

Security

It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors, such as Stripe or Paypal. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

 

Confidentiality

​You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty. 

 

Assumption of Risk

​By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.

 

Your Communications

 

Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by U.S. law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

 

Disclaimers

 

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at kate@kategadddesigns.com.

 

Earnings Disclaimer

You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s). 

 

General Disclaimer

To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice. 

 

Third Party Disclaimer

​You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You. 

 

Warranties Disclaimer

​WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. 

 

Technology Disclaimer 

​We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider, such as LifterLMS​. 

 

Errors and Omissions

​We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).

 

Indemnification, Limitation of Liability, and Release of Claims

 

 

Indemnification

​​​You ​​agree​​ at ​​all​​ times​​ to​​ indemnify​​ and ​​hold​​ harmless​​ Our​​ Company, ​​as well​ ​as​ ​any​ ​of​ ​Our​ ​affiliates,​ ​agents,​ ​contractors,​ ​officers,​ ​directors,​ ​shareholders, employees,​ ​joint​ ​venture​ ​partners,​ ​successors,​ ​transferees,​ ​assignees,​ ​and​ ​licensees,​ ​as applicable,​ ​from​ ​and​ ​against​ ​any​ ​and​ ​all​ ​claims,​ ​causes​ ​of​ ​action,​ ​damages,​ ​liabilities, costs​, ​and​ ​expenses,​ ​including​ ​legal​ ​fees​ ​and​ ​expenses,​ ​arising​ ​out​ ​of​ ​or​ ​related​ ​to​ ​Our Offering(s)​ .

 

Limitation of Liability

​​​We​ ​will​ ​not​ ​be​ ​held​ ​responsible​ ​or​ ​liable​ ​in​ ​any​ ​way​ ​for​ ​the information,​ ​products,​ ​or​ ​materials​ ​that​ ​You​ ​request​ ​or​ ​receive​ ​through​ ​or​ ​in​ ​relation​ ​to​ ​Our Offering(s).​ ​We​ ​do​ ​not​ ​assume​ ​liability​ ​for​ ​any​ ​third​ ​party​ ​conduct,​ ​accidents,​ ​delays,​ ​harm, or​ ​other​ ​detrimental​ ​or​ ​negative​ ​outcomes​ ​as​ ​a​ ​result​ ​of​ ​Your​ ​access​ ​of​ ​Our​ ​Offering(s) and​ ​related​ ​material(s).

 

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

 

Termination

If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

 

Financial Considerations 

 

Fees

Fees for Paid Services. Some of our Services are offered for a fee, like certain website hosting plans, website maintenance, or extensions (collectively, “Paid Services”). This section applies to any purchases of Paid Services.

We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that We may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If You don’t agree with the changes, You must cancel Your Paid Service.

By using a Paid Service, You agree to pay the specified fees. Depending on the Paid Service, there may be different kinds of fees, like some that are one-time or recurring. For recurring fees (AKA subscriptions), Your subscription begins on Your purchase date, and we’ll bill or charge You in the automatically-renewing interval (such as monthly or annually) You select, on a pre-pay basis until You cancel, which You can do at any time by contacting Us at kate@kategadddesigns.com.

 

Payment

​You must provide accurate and up-to-date payment information. By providing Your payment information, You authorize us to store it until You request deletion. If Your payment fails, We suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if You contact Your bank or credit card company to decline or reverse the charge of fees for Paid Services), We may immediately cancel or revoke Your access to Paid Services without notice to You. You authorize us to charge any updated payment information provided by Your bank or payment service provider (e.g., new expiration date) or other payment methods provided if We can’t charge Your primary payment method.

 

Recurring Payments

​If You have signed up for a payment plan, You hereby authorize Our continued access to Your financial information stored by Our third-party financial processing company referenced in this Agreement until Your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout. 

 

Automatic Renewal

By enrolling in a subscription, You authorize us to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. If You received a discount, used a coupon code, or subscribed during a free trial or promotion, Your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless You cancel a subscription, it’ll automatically renew and We’ll charge Your payment method(s). You must cancel at least one month before the scheduled end date of any annual subscription and at least 24 hours before the end of any shorter subscription period. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If You’ve purchased access to multiple Paid Services or Offerings, You may have multiple renewal dates.

You can view Your renewal date(s), cancel, or manage subscriptions in Your account settings or by contacting Us at kate@kategadddesigns.com. 

 

Refunds

We take Your investment seriously, and We’d appreciate if You took Our investment of time and resources into Your success seriously, too.  

Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.  We may have a refund policy for some of our Paid Services, and We’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final. Due to the digital nature of our courses, We DO NOT offer any refunds of course purchases.

Kate Gadd Designs, LLC reserves the right to charge 1.5% interest per day upon any outstanding sum left unpaid on or after 14 calendar days from due date. 

Example:
$100 due  March 1
$101.50 due March 15
$103.03 due March 16
Sent to Collections April 15

After 30 days of outstanding payment, Kate Gadd Designs, LLC reserves the right to send You to collections, upon which You will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.

 

​Course Purchase Refunds

Due to the digital nature of our courses, we DO NOT offer any refunds for course purchases.

 

Chargebacks

​​You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses, or other materials afforded to You in exchange for Your original purchase of Our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute. 

 

Revocation of Access

​You have the unilateral right to terminate Your use and access to any of Our Offering(s). Please send an email to kate@kategadddesigns.com​ to initiate this process. Termination will not excuse You of further payment. Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs. 

 

Dispute Resolution

​If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. 

 

Non-disparagement

​If You are found to be slandering, libeling, or otherwise disparaging Our Company, Offering(s), or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.

 

Entire Agreement

Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.

 

Law & Jurisdiction

These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with U.S. law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Wisconsin, United States.

 

Consent

By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy.

If You require more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email at kate@kategadddesigns.com.  

 

All Rights Reserved

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.

 

Severability

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

 

Contact Information

Email: kate@kategadddesigns.com

 

Web Hosting 

 

The terms and conditions described herein govern your purchase and use in any manner of all products and services related to website hosting ordered by You and provided by Us.

By purchasing and using the services You agree to all of the terms and conditions outlined here. 

We reserve the right to modify any of the terms and conditions contained within this agreement at any time and for any reason. We can make modifications to the terms and conditions without notice to You. The continued use of the service implies You agree with the changes and agree to be bound by them.

 

Payment Terms

You must provide accurate and up-to-date payment information. You agree to pay for service using credit card and any future renewals will be billed to the same card unless otherwise canceled. By providing your payment information, You authorize us to store it until You request deletion. Payment will be billed monthly or annually depending on the package selected and agreed upon. Payment will be made for the selected term. Failure to pay within 5 days of invoice creation will result in suspension of services.

By enrolling in a website hosting subscription, You authorize us to automatically charge the then-applicable fees and taxes for each subsequent subscription period until the subscription is canceled. If You received a discount, used a coupon code, or subscribed during a free trial or promotion, Your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless You cancel a subscription, it will automatically renew and We will charge Your payment method(s) on file. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If You purchased access to multiple Paid Services or Offerings, You may have multiple renewal dates. You can view Your renewal date(s), cancel, or manage subscriptions in Your account settings or by contacting Us at kate@kategadddesigns.com. 

If Your payment fails, We suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if You contact Your bank or credit card company to decline or reverse the charge of fees for Paid Services), We may immediately cancel or revoke Your access to hosting services without notice to You. You authorize us to charge any updated payment information provided by Your bank or payment service provider (e.g., new expiration date) or other payment methods provided if We can’t charge Your primary payment method. 

 

Term & Termination

This Agreement is effective from the date services are purchased and will continue until terminated by either party. 

You have the right to terminate services at any time. We have the right to terminate services within 5 days of providing a written notice for any reason but also including failure to pay or breach of the terms and conditions. Upon termination for any reason, all data stored on Your account will be deleted and cannot be restored. 

 

Website Transfer

In most circumstances, We can transfer Your website from Your old host. You may be eligible to receive a free transfer within thirty (30) days of account activation depending on the type and size of Your website. Outside of the initial thirty (30) day timeframe, please contact the Us to receive a quote to transfer Your website. We are not responsible for any loss of data during the transfer. It is Your responsibility to maintain a current backup of Your website including content and data at all times. 

 

Website Content

You are permitted to upload, store, publish, display and distribute content (like text, photo, video, audio, code, computer software, items for sale, and other materials) through Our services (”Content”). This includes any content added by You or users of Your website. You agree that in use of our services You hold the right to post the content on Your website. You hold full rights to all content and no rights are held by Us. 

We haven’t reviewed, and can’t review, all of the Content posted to or made available through Our services by users or anyone else. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

• We don’t have any control over third-party websites.
• A link to or from one of our Services does not represent or imply that We endorse any third-party website.
• We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
• You’re fully responsible for the Content available on Your website, and any harm resulting from that Content. It’s Your responsibility to ensure that Your website’s Content abides by applicable laws and by the Agreement.
• We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. 
• Any Content that’s for sale through any of Our Offering is the seller’s sole responsibility, so You must look solely to the seller for any damages that result from Your purchase or use of Content.
• We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between You and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content You download, copy, purchase, or use.

 

Account Eligibility

By purchasing services, You agree You are eighteen (18) years of age or older as the services provided are solely intended for users eighteen years of age or older. Any registration or use of the account by anyone under the age of eighteen (18) is in violation of this agreement.

If the provided service is used by another party on behalf of the client, as the other party You agree to be bound to this Agreement and to use the service responsibility as intended by the Client. 

 

Account Information

We will reach out to You in the event there is a problem or issue with Your account that requires Your attention. It is Your responsibility to keep Your contact information up-to-date. The Company cannot be held responsible for Your inaccurate or out-of-date information. 

 

Account Usage

You are responsible for any and all use on Your account. It is Your responsibility to keep Your account confidential. 

In the event of non-payment, Your website will be suspended and You will not be permitted to use the website in any manner. 

Accounts cannot be used to host websites not owned by You.  You do not have the right to resell any portion of the account.

 

Client Support

The Company provides support through the email helpdesk. You can expect a response within 24 hours, and You should expect a response during standard business hours. Phone support is available on our premium packages and is available for an additional fee on basic packages. 

 

Censorship

The Company will exercise no control whatsoever over the content of the information passing through the network, email, or website. You agree to only store information on Your account in agreement with the terms and conditions. The Company does not monitor the data on any website and You are solely responsible for any sensitive information displayed or submitted on the website.

We have the right to remove any portion of a website to take corrective action at the sole discretion of the Company. The Company also has the right to suspend or terminate services without a refund if the Client is found to be in violation of the terms and conditions. The Company does not hold any liability for any corrective action that was required to be taken.  

The Company has the right to refuse any subject matter it deems inappropriate.

 

Warranties

Company makes no warranties or representations of any kind for the service provided.  Company is not responsible for any loss or damages that may be suffered by Client from delays or errors of the Client. It is the Client’s responsibility to maintain a regular back-up of any data stored in the Client’s account including website, database, files and any other data. 

We provide back-up services to assist the Client with back-up of data if desired. 

We work hard to maintain all equipment associated with the service so it performs optimally, however, as with all technology, on occasion there may be disruptions of service. In the event of service failure, the Company is limited to damages of the pro-rata monthly charge during the time of service interruption. 

 

Permissions and Releases

The Client agrees to indemnify and hold harmless the Service Company against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

 

Transfer of Agreement

You may not assign or transfer this Agreement.  In the event that the Client assumes a new owner due to sale of the company or any other reason, the Client shall notify Us in writing at least 30 days prior to the effective date.

 

Third Party Products & Services

The Company may provide referrals to third party products and services. It is the Client’s responsibility to confirm the terms and conditions of the third party products and services as the Company is not an agent or representative of any kind of any third party. The Company is also not responsible for any content displayed on third party websites.

 

Indemnification

Both the Client and the Company agree to defend each party against any third-party claim or suit alleging and breach in accordance with these terms and conditions. You shall indemnify for all losses, damages, and liabilities, including all reasonable expenses, incurred by Kate Gadd Designs, LLC dba River City Design Studio as a result of the claim. The Company shall also indemnify the Client for losses, damages and liabilities, including reasonable expenses, incurred by the Client as a result of the claim.

 

Governing Law and Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Wisconsin. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

Limitation of Liability

The liability of Kate Gadd Designs, LLC dba River City Design Studio shall not exceed the amount paid by the customer during the 3 months prior to the date of the claim.  The Company is not liable for any loss of use, data or interruption in business or service whether the cause was direct or indirect.

 

Contact Information

Email: kate@kategadddesigns.com