Terms of service

Terms & Conditions

Last updated: September 8, 2024.

The use of katierockey.com, including all materials and all online services provided by Katie Rockey is subject to the following terms and conditions of use. By using katierockey.com, you agree and acknowledge reading, without modification, to the following terms and conditions.

Updates To Terms & Conditions

Please read these Terms carefully. By using our website, you agree to be bound by and to comply with these Terms.  If you do not agree, you are not authorized to use our website. We may update these Terms from time to time, so please review them regularly. Your continued use of our website after updated Terms have been posted constitutes your consent to the updated Terms.

Please note that certain areas of our website may offer features and information that are governed by supplemental policies and terms (“Supplemental Terms”).  Supplemental Terms listed below and elsewhere on our website are hereby incorporated into these Terms and govern your use of those features and related activities.

Privacy Policy

Please review our Privacy Policy, which is a part of these Terms.

Website Content

All content on our website is protected by copyright and owned by Katie Rockey and its licensors. If you wish to use any content in any manner, please contact katie@katierockey.com (or other contact provided for the specific website content) to discuss permission(s).

Trademarks

Katie Rockey retains all rights in its name and trademarks including and other indicia of source, whether or not registered (“Our Trademarks”).  You may not use Our Trademarks without our prior written permission; in particular, you may not use Our Trademarks in any manner that is likely to cause confusion about whether we are the source of or sponsor of or endorser of a product, service, or activity. If you wish to discuss the use of Our Trademarks, please contact katie@katierockey.com.

User Information

Our website may contain features and testimonials that permit users to submit content that will be displayed on our website (“User Information”).  When you submit any content, you agree and acknowledge the following: (A) you have or have obtained all licenses, rights and consents necessary to grant rights to Katie Rockey (katierockey.com) to use your User Information, including rights to any third-party material included in your User Information; (B) your User Information does not and will not violate any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal, or other rights of any kind; (D) you are under no obligation that would in any way interfere with the disclosure or use of your User Information, thus, it does not contain any material or information considered confidential or provided to you with the understanding that it would not be disclosed or published; and (E) you hereby grant to Katie Rockey (katierockey.com) an irrevocable, perpetual, worldwide, sub-licensable, transferable, royalty-free license to reproduce, distribute, create derivative works of, publicly display and perform the Content in all media now known or later developed. 

General Website Use

By accessing katierockey.com, you agree and acknowledge the following:

  • you will not impersonate any person or entity or misrepresent your affiliation with any other person or entity;

  • you will not reproduce or resell any website content or services by any means;

  • you will use our website and services only as explicitly authorized and in compliance with these Terms and our policies made available to you;

  • you will not use any robot, spider, site search or retrieval application, or other manual or automatic means or process to retrieve, extract, index or data mine any data or content on our website or in any way reproduce or circumvent the navigational structure or presentation of our website or any content herein; and

  • you will not imply or state that we endorse any statements, actions, goods, services, or activities; and

Termination of Use

You acknowledge and agree that we have the sole discretion at any time with or without notice and in whole or in part to execute the following: (A) to modify or terminate our website, content and services; (B) to modify any eligibility criteria; and (C) to suspend or terminate any user’s access to our website or services.

Disclaimers

Katie Rockey (katierockey.com) is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Katie Rockey (katierockey.com), on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to Katie Rockey (katierockey.com), including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Katie Rockey (katierockey.com) provides no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Katie Rockey (katierockey.com) nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of katierockey.com, or the information, content, and materials or products included thereon; (ii) that katierockey.com will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through Katie Rockey (katierockey.com); or (iv) that Katie Rockey (katierockey.com), its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of Katie Rockey (katierockey.com) and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through Katie Rockey (katierockey.com) or 100 USD if You haven't purchased anything through katierockey.com.

To the maximum extent permitted by applicable law, in no event shall Katie Rockey (katierockey.com) 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 Service, third-party software and/or third-party hardware used with Katie Rockey (katierockey.com), or otherwise in connection with any provision of this Terms), even if Katie Rockey (katierockey.com) or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states 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 states, each party's liability will be limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify and hold Katie Rockey (katierockey.com) and its directors, officers, employees, service providers, and agents harmless against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that any of the indemnified parties may incur arising out of or related to your use of our website, content or services (including User Information) or Third-Party websites or your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.

General Provisions

These Terms, which include the Privacy Policy, are the complete agreement between you and Katie Rockey (katierockey.com) regarding your use of our website, content(including User Information), and related services and activities and supersede all other prior agreements (oral or written) regarding its subject matter except that you will also be governed by any (A) Supplemental Terms we provide in connection with particular features and services; and (B) additional agreements we enter into with respect to specific activities (e.g., submitting an article).  These Terms are governed by and should be construed according to the laws of the State of Tennessee applicable to agreements made and performed in Tennessee.  If you choose to access our website from jurisdictions other than the United States, you are responsible for complying with any applicable local laws.  Except to the extent the arbitration below may apply, you irrevocably agree: (i) to bring any claim or dispute relating to your use of our Site, Site Content, and services and these Terms exclusively in the state and federal courts located in the State and County of Tennessee; (ii) to submit to the exclusive jurisdiction of those courts; and (iii) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without our prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law. These Terms create no joint venture, agency, partnership or similar relationship. Our failure to assert any right under these Terms will not be considered a waiver of that right unless the waiver is in writing. The word “including” in these Terms is intended to be illustrative and means “including without limitation.”  These Terms may not be interpreted or construed to confer any rights or remedies on any third parties.

YOU AGREE THAT YOU MUST BRING ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR WEBSITE, CONTENT (INCLUDING USER INFORMATION), AND SERVICES WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, YOU AGREE TO HAVE PERMANENTLY WAIVED YOUR RIGHT TO BRING THE CAUSE OF ACTION.

Arbitration

At our sole discretion, we may require you to submit any disputes arising under these Terms (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination) to final and binding arbitration in Tennessee under the Rules of Arbitration of the American Arbitration Association applying Tennessee law. If this arbitration provision is invalidated in whole or in part, you and Katie Rockey (katierockey.com) agree that the federal and state courts located in Tennessee will be the exclusive jurisdiction and venue for any claim arising out of these Terms & Conditions and your use of our website.

Contact Us

If you have any questions concerning our site, please contact us at katie@katierockey.com.