Terms of Use

 

Please read these terms of use carefully before using our website.

Terms of Use
These terms of use outline the rules and regulations for the use of www.KimberlyMcDonald.com website (the “Website”) operated by ROCKRAS LLC dba Kimberly McDonald.

Rockras LLC (the “Company”) has a registered office is located at: 
336 W 37th St, Suite 600 
New York, NY 10018 United States

By accessing this website we assume you accept these terms of use in full. Do not continue to use the Website if you do not accept all of the terms of use stated on this page.

The following terminology applies to these Terms of Use, Privacy Policy and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms of use. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Updates to Terms of Use
We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Website. Any new version of these Terms of Use shall take effect and will govern the use of the Website and your relationship with us immediately upon the date of posting. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

Privacy Policy
Your access to and use of this Website is also conditioned on your acceptance of and compliance with the privacy policy. Before you continue using our Website we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices. 

Copyright and Trademark Notice
Content published on this Website (digital downloads, images, texts, graphics, logos) is the property of Kimberly McDonald and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this Website is the exclusive property of Kimberly McDonald with copyright authorship for this compilation by Kimberly McDonald.  

Kimberly McDonald’s trademark and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Cookies
We employ the use of cookies. By using the Website you consent to the use of cookies in accordance with our privacy policy. Like most interactive web sites, we use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

Communications
Your entire communication with us is likely to be electronic. Every time you send us an email or visit our Website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our Website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our Website and by sending you emails. You also agree that all notices, disclosures, agreements, and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

Limitation of Liability
We endeavor to ensure that the information on this Website is correct, however we do not warrant its completeness or accuracy; nor do we commit to ensuring that the items on this Website remain available or that the material on the Website is kept up to date. 

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms of Use and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Website or 100 USD if you have not purchased anything through the Website.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of these Terms of Use) even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

Without limiting the foregoing, everything on this Website is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT.

Links to Other Websites
This Website may contain links to third-party web sites or services that are not owned or controlled by the Company. 

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

We do not authorize linking to any of the Website from a third party platform without our express prior written authorization.

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request.

Frames
Without prior approval and express written permission, you may not create frames around our Website pages or use other techniques that alter in any way the visual presentation or appearance of our Website.

Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

The failure to exercise a right or to require performance of an obligation under this Terms of Use shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Governing Law and Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the New York, United States, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use.

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

If you have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Contact Information
If you have any questions regarding any of these Terms of Use, please contact us at info@kimberlymcdonald.com.