legal

Terms of service

Agreement between User and kfouts.com

Welcome to kfouts.com. The kfouts.com website (the
“Site”) is comprised of various web pages operated by Karla Fouts
Designs (“kfouts.com”). kfouts.com is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices
contained herein (the “Terms”). Your use of kfouts.com constitutes
your agreement to all such Terms. Please read these terms carefully, and keep a
copy of them for your reference.

kfouts.com is an E-Commerce Site.

Kfouts.com  provides Branding,
Web Development, Social Media Marketing, and SEO Services

Privacy

Your use of kfouts.com is subject to Kfouts.com’s Privacy
Policy. Please review our Privacy Policy, which also governs the Site and
informs users of our data collection practices.

Electronic Communications

Visiting kfouts.com or sending emails to Karla Fouts constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Breach of Contract

Any violation of any provision hereof, any incomplete or mistaken performance of any obligation provided hereunder, any misrepresentation made hereunder, any material nondisclosure or omission of any material fact, or any failure to perform any covenants provided hereunder shall constitute a breach of Agreement. The breaching Party shall be liable for any such breach pursuant to the applicable laws. If either Party directly incurs any costs or expenses or any other liabilities, or suffers any loss (including loss of profit) due to breach of this Agreement by the other Party, the breaching party shall indemnify the said Party against such costs, expenses, liabilities and losses, including any paid, payable or past interests.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Kfouts.com is not responsible for third party access to your account that results from theft or misappropriation of your account. Kfouts.com and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Kfouts.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use kfouts.com only with permission of a parent or guardian.

Cancellation/Refund Policy

All deposits and prepayments are non-refundable. Deposits may be transferable to another project within 1 year, (with 60 day prior notice of deadline and the transfer is acceptable to kfouts.com), fees are not transferable. No exceptions.

Final payments are non-refundable and non-transferable. No exceptions.

Late fees are non-refundable, non-negotiable and non-transferable. No exceptions.

Products no returns

Links to Third Party Sites/Third Party Services

kfouts.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Kfouts.com and Kfouts.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kfouts.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kfouts.com of the site or any association with its operators.

Certain services made available via kfouts.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the kfouts.com domain, you hereby acknowledge and consent that Kfouts.com may share such information and data with any third party with whom Kfouts.com has a contractual relationship to provide the requested product, service or functionality on behalf of kfouts.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use kfouts.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Kfouts.com that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kfouts.com or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Kfouts.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Kfouts.com and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kfouts.com or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, “Communication
Services”). You agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service.

By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not: defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information; upload files that contain software or
other material protected by intellectual property laws (or by rights of privacy
of publicity) unless you own or control the rights thereto or have received all
necessary consents; upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of another’s
computer; advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such
messages; conduct or forward surveys, contests, pyramid schemes or chain
letters; download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded; restrict or
inhibit any other user from using and enjoying the Communication Services;
violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service; harvest or otherwise collect information
about others, including e-mail addresses, without their consent; violate any
applicable laws or regulations.

Kfouts.com has no obligation to monitor the Communication
Services. However, Kfouts.com reserves the right to review materials posted to
a Communication Service and to remove any materials in its sole discretion. Kfouts.com
reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.

Kfouts.com reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Kfouts.com’s sole discretion.

Always use caution when giving out any personally
identifying information about yourself or your children in any Communication
Service. Kfouts.com does not control or endorse the content, messages or
information found in any Communication Service and, therefore, Kfouts.com specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized Kfouts.com spokespersons, and their views
do not necessarily reflect those of kfouts.com.

Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you upload the materials.

Materials Provided to
kfouts.com or Posted on Any Kfouts.com Web Page

Kfouts.com does not claim ownership of the materials you
provide to kfouts.com (including feedback and suggestions) or post, upload,
input or submit to any Kfouts.com Site or our associated services (collectively
“Submissions”). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting kfouts.com, our affiliated
companies and necessary sublicenses permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your
Submission, as provided herein. Kfouts.com is under no obligation to post or
use any Submission you may provide and may remove any Submission at any time in
Kfouts.com’s sole discretion.

By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input or
submit the Submissions.

International Users

The Service is controlled, operated and administered by Kfouts.com
from our offices within the USA. If you access the Service from a location
outside the USA, you are responsible for compliance with all local laws. You
agree that you will not use the Kfouts.com Content accessed through kfouts.com in
any country or in any manner prohibited by any applicable laws, restrictions or
regulations.

Indemnification

You agree to indemnify, defend and hold harmless Kfouts.com,
its officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorney’s fees) relating
to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any applicable
laws, rules or regulations. Kfouts.com reserves the right, at its own cost, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with Kfouts.com
in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KARLA FOUTS
DESIGNS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE
AT ANY TIME.

KARLA FOUTS DESIGNS AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION
OF ANY KIND. KARLA FOUTS DESIGNS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL KARLA FOUTS DESIGNS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KARLA FOUTS DESIGNS OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access
Restriction

Kfouts.com reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee and you hereby consent to the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Kfouts.com as a result of this
agreement or use of the Site. Kfouts.com’s performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of Kfouts.com’s right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by Kfouts.com with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Kfouts.com with respect
to the Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and Kfouts.com
with respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish to
the parties that this agreement and all related documents be written in
English.

Changes to Terms

Kfouts.com reserves the right, in its sole discretion, to
change the Terms under which kfouts.com is offered. The most current version of
the Terms will supersede all previous versions. Kfouts.com encourages you to
periodically review the Terms to stay informed of our updates.

Contact Us

Kfouts.com welcomes your questions or comments regarding the
Terms:

Karla Fouts Designs
182 Martin Road
Tellico Plains, TN 37385

Email Address: karla@kfoutsdesigns.com

Telephone number: 404-409-9210

Effective as of January 01, 2016