Last Updated: March 1, 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using www.kim-rogers.com (the “Site”) and the services, features, content or applications offered by Kim Rogers® (collectively with the Site, the “Services”).
These Terms set forth the legally binding terms and conditions that govern your use of the Site and Services. By accessing or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by these Terms and all other operating rules, policies and procedures that may be published from time to time on the Site.
Key Terms
“Kim Rogers®” means the entity that provides the Services, which include the website kim-rogers.com and related domains, applications, services, tools, features, and content provided by Kim Rogers®.
The “Services” include the website, domains, applications, services, tools, features, databases, content, and downloadable materials provided by Kim Rogers®.
“You” and “Your” mean the person accessing or using the Services. If you are accessing or using any part of our Services on behalf of another person or entity, “You” also means that organization.
By accessing the Services, you affirm that you are of legal age to enter into this agreement, or that you have parental or guardian consent to do so. If you are under the age of majority in your jurisdiction, your parent or legal guardian must read this Agreement and agree to it for you.
Accepting these Terms
You must read, agree to and accept all of the terms and conditions contained in this Terms and Conditions and the Privacy Policy before you may become a subscriber or user of the Services.
By accessing or using any part of the Services, you agree you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree to all these terms, do not access or use the Services.
Electronic Agreement
This Agreement is an electronic contract that sets out the legally binding terms you must accept to use the Services. This Agreement may be modified by Kim Rogers® from time to time, such modifications to be effective upon posting on the Site.
By accessing and using the Services, you acknowledge that you can electronically receive, download, and print this Agreement.
Subsequent Versions
Kim Rogers® may, in its sole discretion, modify or revise these Terms and Conditions from time to time, and your continued use of the Services signifies your acceptance of those subsequent versions. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Your Kim Rogers® Account
You may be required to register for an account, provide information about yourself, and set up a user name, password and profile. You authorize us to collect and use this information according to our Privacy Policy.
You agree to:
- Keep your password secure and confidential.
- Refrain from disclosing your account information or sharing access to your account.
- Immediately notify Kim Rogers® of any unauthorized use of your account.
- Fully responsible for all activities that occur under your username and password.
We reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you violated any provision of these Terms and Conditions.
Using the Services
You agree to comply with all laws, rules and regulations applicable to your use of the Services. You may use the Services only in accordance with their purpose as permitted under this Agreement.
Age Restrictions
The Services are intended solely for users who are thirteen (13) years of age or older. Any registration by anyone under 13 is unauthorized, unlicensed and in violation of this Agreement.
By accessing or using the Services, you represent and warrant that you are 13 or older, and that you agree to abide by all of the terms and conditions of this Agreement. If you are under 13 years of age, do not access or utilize the Services.
Responsible Use
You agree to access and use the Services only for lawful, authorized and responsible purposes. You will not access or use the Services for any fraudulent or malicious purpose, or in any way that interferes with our ability to provide Services to our customers.
Specifically, you agree that you will NOT:
- Share your account information to let anyone else access or use your account.
- Use automated means to artificially collect information from the Services.
- Purchase Services on behalf of someone else or allow access to your account.
- Harass, threaten or abuse our customer service representatives.
- Circumvent or manipulate our fee structure, billing process, or fees owed.
- Post, upload or distribute marketing or advertising links or content.
- Post, upload or transmit unauthorized commercial communications or advertisements.
- Modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any part of the Services.
- Remove, obscure, or alter any proprietary notices associated with the Services.
Content Standards
Content submitted to the Services must comply with the following standards:
- Content must be accurate and truthful.
- Content cannot be illegal or promote illegal activities.
- Content cannot infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
- Content cannot be defamatory, trade libelous, threatening or harassing.
- Content cannot promote adult, pornographic, or obscene materials.
- Content cannot contain viruses, spyware, worms or other malicious code.
Kim Rogers® reserves the right to remove any content from the Services at its discretion.
External Links
The Services may contain links to third party websites that are not owned or controlled by Kim Rogers®. We assume no responsibility or liability for any third party content, products or services. Your use of third party websites and resources is at your own risk.
Support
Support requests must be made through official Kim Rogers® channels:
- Via email to [email protected]
- By phone during our business hours at 817-690-6079
Service Changes
Kim Rogers® reserves the right to modify or discontinue the Services with or without notice to you. Kim Rogers® shall not be liable to users or any third party for any modification or discontinuance of the Services.
Content Ownership
Kim Rogers® and its licensors, vendors or contractors retain ownership of all intellectual property rights of any kind related to the Services.
Content You Provide
When you upload or submit any photos, comments, videos, ideas, suggestions, feedback or other content to Kim Rogers®, you grant us a non-exclusive, royalty-free, worldwide license to reuse, reproduce, modify, publish, display or distribute it in any media now known or developed in the future without any payment, notice or attribution to you.
You warrant that any content you provide complies with the Content Standards in these Terms and does not infringe or violate any third party rights.
Kim Rogers® Content
All content included on the Site and Services such as designs, text, graphics, images, video, information, logos, button icons, downloads, data compilations and software is the property of Kim Rogers® or its content suppliers and protected by United States and international copyright laws.
The compilation of all the content on this site is the exclusive property of Kim Rogers® and protected by U.S. and international copyright laws.
Any copying, redistribution, use or publication by you of any such matters or any part of the site is strictly prohibited. Information on downloading and copying the Services is provided for the limited authorized use of site viewers and no content may be republished or retransmitted in any form without the express written consent of Kim Rogers®.
Purchases and Refund Policy
Pricing
Prices for products available for purchase on the Services are displayed at the time you add them to your shopping cart. We reserve the right to change prices for products at any time prior to you completing your order.
Pricing errors can occur inadvertently. If we discover an error, we will cancel the order and notify you by email.
Payment
You agree to pay all charges owed for products purchased through the Services, including applicable taxes, shipping, and other charges. We may charge your selected payment method for amounts due to us.
NO REFUNDS will be offered for products after purchase, except in our sole discretion. Please review products carefully before purchasing. Contact us at [email protected] if you believe you qualify for a refund.
Promotions
Promotions, coupons, or discounts cannot be combined with other offers unless expressly stated. Kim Rogers® reserves the right to terminate or modify promotions at any time.
Gift Cards
Gift cards are redeemable only on the Kim Rogers® website. We do not offer exchanges or refunds for gift cards, except as required by law. Lost or expired gift cards cannot be replaced or refunded. Check Gift Card Balances Here.
Shipping & Delivery
Shipping costs and other charges will be presented to you prior to purchase confirmation. You agree to pay any such costs and charges subject to the Refund Policy described above.
We will make reasonable efforts to fulfill orders according to estimated delivery times. Shipping times may vary due to high demand, weather, or other unforeseen factors.
Risk of loss for shipments passes to the customer upon our transfer to the carrier. Claims for undelivered shipments must be made promptly to Customer Service.
Taxes
You are responsible for any taxes applicable to your use of the Services, and you must pay them to the relevant tax authority. We may collect sales or other similar taxes where required by law. Please refer to your purchase receipt or confirmation email for details on taxes applied to your transaction.
Disclaimer of Warranties
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis.
Kim Rogers® expressly disclaims all warranties and conditions of any kind related to the Services, whether express or implied, including but not limited to warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, title, security, accuracy and non-infringement. Kim Rogers® makes no warranty or representation regarding the results that may be obtained from the use of the Services, the accuracy or reliability of any content obtained through the Services, the availability, security, or reliability of the Services, or that defects in Services will be corrected.
Limitation of Liability
Kim Rogers® shall not be liable for any direct, indirect, incidental, special consequential or exemplary damages arising from your use of the Services or third party products, including but not limited to damages for errors, omissions, interruptions, defects, delays, theft, destruction or unauthorized access. This includes damages for loss of profits, goodwill, use data or other losses regardless of the theory under which those damages are sought.
In no event shall the maximum aggregate liability of Kim Rogers® to any party exceed the amount paid by you to Kim Rogers® in the prior 12 months. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Indemnification
Upon request, you agree to defend, indemnify and hold harmless Kim Rogers® and its licensee and licensors, and their employees, contractors, agents, officers and directors from and against any and all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from your use of the Services, including from any Content you submit, post, transmit or otherwise make available via the Service, your use of the Services, your connection to the Services, your violation of these Terms and Conditions, and/or your violation of the rights of any third party.
Dispute Resolution
Governing Law
These Terms and your use of the Services will be governed by the laws of the State of TX without regard to conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods.
Arbitration
Any dispute where the total amount sought is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The parties agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings except as required by applicable law.
Venue
Any disputes where the total amount sought is $10,000 or more shall be resolved by a court located in Fort Worth, TX. You agree to submit to the personal jurisdiction of the courts located within Fort Worth for purpose of litigating such claims or disputes.
Class Action Waiver
You agree that you will only pursue claims against us on an individual basis, and will not commence any class action, class arbitration, or other collective action.
Termination
These Terms and Conditions remain effective until terminated by either party.
Kim Rogers® may terminate your access and use of the Services at any time if you violate these Terms and Conditions. All restrictions, license terms, covenants, and representations and warranties by you will survive termination.
You may terminate these Terms and Conditions by discontinuing use of all Services. All provisions relating to confidentiality, proprietary rights, indemnification, and limitations of liability shall survive any termination.
Severability
If any part or provision of these Terms and Conditions is held invalid or unenforceable, that portion shall be modified to achieve the objective of the parties and the remainder of the Terms shall remain in full force and effect.
No Waiver
Any failure by Kim Rogers® to enforce any provisions of these Terms will not constitute a waiver.
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Kim Rogers® regarding the use of the Services and supersede any prior agreements between the parties relating to the Services.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Kim Rogers®
2735 Sardis Sta
Fort Worth, TX
Email: [email protected]
Phone: 817-690-6079