Terms of Use
(Updated Terms Effective: June 15, 2021)
Please read these terms and conditions of use carefully before using this website.
The website and its content are owned by Karen Weikert (“company”, “I”, “my”, “we”, “our” or “us”). The term “you” refers to the user or viewer of www.karenweikert.com (“website”).
We reserve the right to change these Terms and Conditions on the website at any time without notice, and by using the website and its content you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use our website or its content.
Website Use and Consent
The words, photos, images, design, layout, graphics, logos, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this website (“content”) including structure, selection, coordination, expression, “look and feel”, and arrangement of such content, is owned, controlled or licensed by or to us with all rights reserved, and is protected by copyright, patent and trademark laws, and various other intellectual property laws.
Except as expressly provided in these Terms of Use, no part of the website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website or other medium, for publication or distribution or for any commercial enterprise, without our express prior written consent.
If you have purchased any ebooks/books, videos, gifts, or programs, or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.
By accessing or using this website and its content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these T&C. Any registration by, use of or access to the website and its content by anyone under age 18 is unauthorized, unlicensed and in violation of these T&C.
Intellectual Property Rights
This website and its content is property solely owned by us and/or our affiliates or licensors unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. All copyrights to elements and graphics are retained by us with all rights reserved. you may not use this website or its content in a manner that constitutes an infringement of our rights or that has not been authorized by us.
When you access our website or any of its content, you agree that:
– You will not copy, duplicate or steal our website or content. In addition, you may not in any way at any time use, copy, adapt, imply or represent that our website or its content is yours or created by you. By downloading, printing, sharing via email or on social media, or otherwise using our content for personal use you in no way assume any ownership rights of the content.
– You must receive our written permission before using any of our website content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any content.
– We are granting you a limited license to enjoy our website and its content for your own personal use, not for your own business/commercial use or in any way that earns you money, unless we give you written permission that you may do so.
The trademarks and logos displayed on our website are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Your License to Us. By posting or submitting any material on or through our website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you voluntarily submit to us or post any comment, photo, image, video or any other submission for use on or through our website, you are granting us, and anyone authorized by us, consent to make it part of our current or future website and its content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You may, however, at any time, ask us to delete this information. Your rights regarding this personal information can be found in our Privacy Policy.
You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our website or in our content at any time for any reason.
Use of Our Website
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the website or content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or any systems or networks connected to the website.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working or any transaction being conducted on the website, or with any other person’s use of the website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the website or any content for any purpose that is unlawful or prohibited by these T&C, or to solicit the performance of any illegal activity or other activity which infringes on our rights or others.
You may not use this website for any abusive or illegal purpose. You may not harm others in any way. You may not use the website to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. We reserve the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.
We always appreciate your feedback or other suggestions, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
You may not use the website in a manner that: (1) infringes on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy; (2) violates any law, statute, ordinance or regulation; (3) is defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child pornography; (4) that you know contains viruses; (5) that you know will materially damage, disable, overburden or impair the website or any other party’s use of the website; or (5) that you know contains links to any sites that do any of the aforementioned prohibited acts. In addition, you are prohibited from using the website to send spam, either directly or indirectly, or that in any way violates the CAN-SPAM Act of 2003, 15 U.S.C. 7701, as amended.
We do not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user. Notwithstanding anything within this provision or these terms of use, we reserve the right to suspend or terminate any user’s account with or without notice to said user for any reason, at our sole discretion.
Request for Permission to Use Content
Any request for written permission to use our content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the content by completing the “Contact Us” form on this website, or by sending an email to support@karenweikert.com.
You may not use our content in any way that is contrary to these T&C unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights.
Links to Other Sites
This website may contain links to other independent third-party web sites (“Linked Sites”). These linked sites are provided solely as a convenience to our website visitors. Such linked sites are not under our control, and we are not responsible for and do not endorse the content of such linked sites, including but not limited to any information or materials contained on such linked sites. You will need to make your own independent judgment regarding your interaction with these linked sites. In addition, a hyperlink to a non-company website does not mean that we endorse or accept any responsibility for the content or the use of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
Limitation of Liability
Except when prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.
Notwithstanding the other provisions of these T&C, if we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website or any content, the aggregate liability of Company shall in no event exceed One Hundred US Dollars US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify, defend and hold us, our affiliates, employees, agents, licensors, and service providers (“Indemnitees”) harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against indemnitees by any third party due to or arising out of or in connection with your use of the website.
Violation of These Terms
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We may also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve any transmittal or communication by you with us through the website or any service offered on or through the website, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, and or (4) protect the rights, property or personal safety of us, our employees, users of or visitors to the website, and the public.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website at any time, for any reason or no reason. You also agree that any violation by you of these T&C will constitute an unlawful and unfair business practice, and will cause irreparable harm to us for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the website as a result of any violation of these Terms of Use.
Digital Millennium Copyright Act
We respect and expect our users to respect the rights of copyright holders. However, if you believe that the content on this website infringes upon any copyright owned by you and was posted on our website without your authorization, you may provide us with notice requesting that we remove the information from our website. Any request should only be submitted by you or an agent authorized to act on your behalf to:
Report of Copyright Infringement
Karen Weikert
P. O. Box 25055
Honolulu, HI 96825
No Unlawful or Prohibited Purpose
As a condition of your use of this website, you warrant to us that you will not use our website for any purpose that is unlawful or prohibited by these Terms of Use.