Terms And Conditions



Please take the time to read the Terms And Conditions Of Use for Kelly-Stone.com – By using this site you automatically agree to them!  If there is something that you do not agree with please do not use the site.

The main aim of this site (Kelly-Stone.com) is to provide you with information that you will find both informative and useful – if you have suggestions as to how this can be made easier for you please let us know about it by using the contact page.

We reserve the right to make any modifications that we deem necessary and will so at any time. With this in mind please continue to check back to these terms and conditions of use to see what changes may have been made! Your continued use of the Kelly-Stone.com blog means that you accept those changes.

Restrictions on Use of Our Online Materials

All material found on the Kelly-Stone.com site, which includes, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property.  All usage rights are owned and controlled by Kelly-Stone.com.

You, as the visitor, may download these online materials for non-commercial, personal use only provided you …

  1. Retain all copyright, trademark and propriety notices.
  2. You make absolutely no modifications whatsoever to that material.
  3. You do not use the materials in such a manner that suggests any association with any of our products, services, events or brands, and …
  4. You do not download quantities of materials to a database, server, or personal computer for reuse for commercial/distribution purposes.

You may not copy, reproduce, republish, upload, post, transmit or distribute and of our online material in any way, or for any other purpose, unless you get our written permission. Neither may you add to, delete, distort or misrepresent any content on the Kelly-Stone.com site. Any attempts to modify any or all of our online material or to defeat or circumvent our security features is strictly prohibited.

Everything you download which includes any software, all files, all images incorporated in or generated by the software and all data accompanying it, is considered licensed to you by Kelly-Stone.com or third-party licensees for your personal (non-commercial) home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.  If we agree to let you do any of the above we will give you written permission to do this.

Limitation of Liability

Kelly-Stone.com will not be liable for any damages or injury that accompany or result from your use of any of its site.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

  • Use of (or inability to use) the site
  • Use of (or inability to use) any site to which you hyperlink from our site
  • Use of (or inability to use) any site to which we hyperlink to from our site
  • Failure of our site to perform in the manner you expected or desired
  • Error on our site
  • Omission on our site
  • Interruption of availability of our site
  • Defect on our site
  • Delay in operation or transmission of our site
  • Computer virus or line failure
  • Please note that we are not liable for any damages, including:
    • Damages intended to compensate someone directly for a loss or injury
    • Damages reasonably expected to result from a loss or injury (known in legal terms as “consequential damages”).
    • Other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as “incidental damages”).

We are not liable even if we’ve been negligent or if our authorized representative has been advised of the possibility of such damages or both.

EXCEPTION:   Certain state laws may not allow us to limit or exclude liability for these “incidental” or “consequential” damages. If you live in one of those states, the above limitation obviously would not apply which would mean that you might have the right to recover these types of damages.

However, in any event, our liability to you for all losses, damages, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or they’re claimed under any other legal theory) will not be greater than the amount you paid if anything to access our site.

Links to Other Site

We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site.

If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Kelly-Stone.com-operated site or have moved to another site.

Kelly-Stone.com is not responsible for the content or practices of third party sites that may be linked to our site. When Kelly-Stone.com provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that Kelly-Stone.com is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Kelly-Stone.com site or endorsement, sponsorship or support of Kelly-Stone.com, including its respective employees, agents or directors.

Termination of This AgreementThis agreement is effective until terminated by either party.

You may terminate this agreement at any time, by destroying all materials obtained from all Kelly-Stone.com Web site, along with all related documentation and all copies and installations. Kelly-Stone.com may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And Kelly-Stone.com is entitled to terminate all or any part of any of its Web site without notice to you.

Jurisdiction and Other Points to Consider

If you use our site from locations outside of the U.K., you are responsible for compliance with any applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of England and Wales. Any action you, any third party or we, bring to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in the courts of England and Wales and you expressly consent to the jurisdiction of said courts.

To the extent you have in any manner violated or threatened to violate Kelly-Stone.com and/or its affiliates’ intellectual property rights, Kelly-Stone.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the U.K., and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Cheshire, United Kingdom. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Cheshire, United Kingdom. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Kelly-Stone.com may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.

The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, is expressly excluded.

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