Kay and Kate | Privacy Policy

Kay & Kate Terms & Conditions of Use

1. Copyright and Trademark Information

Copyright ® 2021 Kay & Kate Inc., All rights reserved.
This website (this "Website"), and the information which it contains, such as text, graphics, images, data, reports, links, information obtained from Kay & Kate’s licensors, services and other material and Deliverables (as defined below) contained on this Website or provided through Services (as defined below) made available on the Website (collectively, "Content") are the property of Kay & Kate, its affiliates and its licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "Kay & Kate" and the Kay & Kate logo are registered trademarks of Kay & Kate, Inc., under the applicable laws of the United States and/or other countries. Other Kay & Kate product or service names or logos appearing on this Website are either trademarks or registered trademarks of Kay & Kate, Inc. and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of Kay & Kate’s trademark or other intellectual property rights concerning that name or logo.
All other product names are trademarks or registered trademarks of their respective owners.

2. Services, Subscriptions and Fees

1. Services Available Through this Website. Kay & Kate makes available certain services and features via this Website (each a “Service” and collectively, “Services”). Depending on the Service, such Service may be (1) publicly accessible without any purchase of the Service required; (2) accessible only to those who have purchased the Service; or (3) accessible to only those who have subscribed to that Service for a fee. By using this Website, You agree to only use the Service or Services that are publicly accessible or that You have purchased or to which You have subscribed. If You choose to use, purchase or subscribe to one of Kay & Kate’s Services as may be made available from time to time, additional terms and conditions may be imposed by Kay & Kate via a separate click through or signed agreement.

2. Rights to Use Website and Services. Your right to use the Website and Services is limited in scope, revocable, personal, non-transferable and non-exclusive. Provided that You comply at all times with these Terms and Conditions and any separate agreement between You and Kay & Kate, and subject to the limitations set forth herein, Kay & Kate will provide You with access to the Website and, to the extent You subscribe or purchase Services, the Services. You are responsible for obtaining any equipment and Internet service necessary to access the Website and Services.

3. Deliverables; User Licenses. You will receive specific ordered report or other deliverable (“Deliverable”) or You will receive a certain number of “User” licenses. If You choose to subscribe to Kay & Kate’s Services on an ongoing basis, all Users will have access to Services, as well as any additional features made generally available on the Website while You are in good standing. Users may use help, FAQ’s, and other support made generally available on the Website. If You are simply purchasing a Deliverable available from the Website, then these terms apply only to that purchase and do not provide any ongoing right to access or use the Services. Numerous reports, data and other services are offered at the Website for additional fees. All terms used but not defined herein are set forth on the Website. You hereby covenant to ensure that all users that gain access to the Website and/or the Services from You are bound by these terms. Except as expressly set forth in this Agreement or other written agreement between You and Kay & Kate, no license or other right in or to the Website, Services or Content are granted to You, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.

4. Fees. You shall pay all fees or charges to Your account with Kay & Kate in accordance with the fees, charges, and billing terms in effect at the time You subscribe to the Services or that You order the applicable Content from the Services. You shall be responsible for any and all use, sales or other taxes arising from Your use of any Deliverables or Services provided by Kay & Kate or its third party suppliers. Payments must be made according to these Terms and Conditions or any separate written agreement with Kay & Kate.

5. Login Credentials. If Kay & Kate provides You with a username and/or password ("Login Credentials"), You agree that You are responsible for protecting Your Login Credentials from unauthorized use, and You are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately if You believe that any of Your Login Credentials has been or may be used without Your permission so that appropriate action can be taken. Kay & Kate is not responsible for any loss or damage caused by, or expense incurred by You as a result of, Your failure to safeguard Your Login Credentials.

6. Term Your subscription to Services or access to paid Content shall commence on the date You first used the Services or download or otherwise receive such Content, and shall continue for the period of time for which You have subscribed to the Services, unless earlier terminated or extended pursuant hereto. If You choose to subscribe to our Services on an ongoing basis, these terms and conditions will renew automatically for successive periods of time equal to the duration of Your initial subscription or for such renewal period as You may otherwise provide on the Website pages in which You subscribe to the Services, unless (1) for an annual subscription or other subscription term or renewal term longer than one month, either You or Kay & Kate provide notice of termination more than thirty (30) days before the end of the then-applicable subscription term; or (2) for all other subscriptions, You or Kay & Kate provide notice of termination before the end of the then-applicable subscription term. Either party may terminate a subscription Agreement for breach upon thirty (30) days prior written or e-mailed notice unless such breach is cured in that thirty (30) day period. You will have a perpetual license to use any Content You download during the Term, subject to the terms and conditions of Section 4.

7. Publicity. Unless otherwise agreed by Kay & Kate, Your purchase of a Service constitutes granting the right to use Your name and Your company’s name and logo in Kay & Kate’son-line and/or printed marketing materials and/or in the Website, to disclose that You and/or Your company are a client of Kay & Kate.

8. Publicity. Unless otherwise agreed by Kay & Kate, Your purchase of a Service constitutes granting the right to use Your name and Your company’s name and logo in Kay & Kate’son-line and/or printed marketing materials and/or in the Website, to disclose that You and/or Your company are a client of Kay & Kate.

3. The Website Does Not Provide Commercial Advice

This Website, Services and the Content are for informational purposes only. Kay & Kate collects data from data providers all over the world; Kay & Kate has not verified any such data or any Content on the Website and cannot and does not provide any assurances or warranties whatsoever regarding the accuracy or completeness of any such data or Content.

4. Use of Content

You may view, copy, download, and print Content, subject to the following conditions: (i) the Content may be used solely for Your internal informational purposes, and no part of the Website, Services, or Content may be reproduced, transmitted or otherwise distributed in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose; (ii) the Content shall not be accessed or used in any manner restricted by the robot.txt file available on this Website; and (iii) copyright, trademark and other proprietary notices may not be removed from any Content or other materials obtained from the Services.
You shall not: (a) modify, adapt or create derivative works based on the Website, the Services available from Kay & Kate or the Website’s Content; (b) "frame" or "mirror" any Content or create Internet “links” to or from the Website; or (c) disassemble, reverse engineer, or decompile the Services provided via this Website or Content, or access the Website or Content in order to build a competitive product or service, build a product or service using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics.
Any special rules for the use of certain Content accessible through subscription services on this Website may be included elsewhere within the Website and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Kay & Kate or its licensors. Except as expressly set forth in these Terms and Conditions or other click through or written agreement between You and Kay & Kate, no license or other right in or to this Website or Content are granted to You, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the sole discretion of Kay & Kate.
If You violate any of these Terms and Conditions, Your permission to use the Content automatically terminates and You must immediately destroy any copies You have made of any portion of the Content.

5. Limitation and Disclaiming of Liability

ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, KAY & KATE DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS SITE, WHETHER CONTRIBUTED BY KAY & KATE OR A THIRD PARTY, IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL KAY & KATE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES, ARISING OUT OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, THE SERVICES OR THE INFORMATION CONTAINED ON THIS SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF KAY & KATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL KAY & KATE’STOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE INCLUDING THE USE OF ANY SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED, IN THE AGGREGATE, THE GREATER OF (A) AMOUNTS PAID BY YOU TO KAY & KATE FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE APPLICABLE CLAIM; OR (B) ONE U.S. DOLLAR ($1). THIS LIMITATION IS CUMULATIVE AND NOT PER CLAIM.

6. Standards of User Conduct

You may not use this Website to:

1. post any Submissions or transmit via or through the Website any information, data, text, images, files, links, software, chat, communication or other content that is, or which Kay & Kate considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
2. sell or promote any products or services that are unlawful in the location at which the Submission is posted or received;
3. sell or promote controlled pharmaceutical substances, tobacco, fire arms or alcoholic beverages;
4. introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
5. display material that exploits children under 18 years of age;
6. post any Submissions or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
7. promote, solicit or participate in multi-level marketing or pyramid schemes;
8. harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
9. impersonate any other person, including but not limited to, a customer, supplier, Kay & Kate official, expert or bulletin board leader, guide or host;
10. post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 18 years of age);
11. post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;
12. intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website or in connection with your use of the Website, in any manner; or
13. invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

Kay & Kate reserves the right, without prior notice and in its sole discretion, to decide whether Submissions violate these terms and conditions for any of the above reasons or for any other reason, and if Kay & Kate does so, to remove such Submissions which You post to the Website and/or terminate Your access to any restricted access Services of Kay & Kate.

7. Links to Third-Party Web Sites

This Website may contain links to non-Kay & Kate web sites. These links are provided to You as a convenience, and Kay & Kate is not responsible for the content of any linked web site. Any non-Kay & Kate web site accessed from this Website is independent from Kay & Kate, and Kay & Kate has no control over the content of that web site. In addition, a link to any non-Kay & Kate web site does not imply that Kay & Kate endorses or accepts any responsibility for the content or use of such web site.

8. No Third-Party Approvals or Implied Endorsements

Any third party which is the subject of profiles, reports or other information, provided by Kay & Kate through this website or otherwise, likely has not approved or sponsored Kay & Kate’s provision of such information. Further, in no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Kay & Kate of that third party or of any product or service provided by a third party.

9. Notice and Take Down Procedures; Copyright Agent

If You believe any materials accessible on or from this Website infringe Your copyright, You may request removal of those materials (or access thereto) from this Website by contacting Kay & Kate providing the following information:

a). Identification of the copyrighted work that You believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b). Identification of the material that You believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c). Your name, address, telephone number and (if available) e-mail address.
d). A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
e). A statement that the information that You have supplied is accurate, and indicating that under penalty of perjury, You are the copyright owner or are authorized to act on the copyright owner's behalf.
f). A signature or the electronic equivalent from the copyright holder or authorized representative.

Kay & Kate for copyright issues relating to this Website please email info@kayandkate.com
In an effort to protect the rights of copyright owners, Kay & Kate maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this Website who are repeat infringers.

10. Indemnity

You agree to indemnify, defend and hold harmless Kay & Kate, its affiliates, officers, directors, employees, consultants, agents, representatives, licensors, and suppliers, from any and all claims, losses, liability, damages and/or costs (including reasonable attorneys’ fees and costs) arising out of or relating to (1) Your use of the Website, Services and/or Content; (2) Your violation of these Terms and Conditions, including without limitation any representations and warranties hereunder and any agreements incorporated by reference; and/or (3) Your infringement, or infringement by any other user of Your account(s), of any intellectual property or other right of any person or entity.

11. Entire Agreement

These Terms and Conditions are the entire agreement between the parties relating to the subject matter herein, supersedes all previous communications, understandings and agreements (whether oral or written) and shall not be modified except in writing signed by both parties, in Your express acceptance of other terms in the course of Your use of this Website or by posting by Kay & Kate of new Terms and Conditions from time to time; provided that, if You have an existing click through agreement or written agreement with Kay & Kate regarding Services or Content, that existing click through agreement or written agreement shall continue in full force and effect without amendment by these Terms and Conditions.

12. Other Terms

These Terms and Conditions do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
Neither party is authorized to assume or create any obligation or responsibility on behalf of, or in the name of, the other or to bind the other in any manner.
You may not assign or transfer these Terms and Conditions without Kay & Kate’s prior written consent.
Kay & Kate retains ownership of all intellectual property rights to its Content, technology, software, documentation and tools used in connection with the Website, Services, and/or Content.
Notices delivered under these Terms and Conditions must be given in writing and will be effective when received.
The headings and captions used in these Terms and Conditions are used for convenience only and are not to be considered in construing or interpreting these Terms and Conditions.