This website is operated by Kayla May Designs. Throughout the site, the terms “we”, “us” and “our” refer to Kayla May Designs. Kayla May Designs offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Welcome to the Kayla May website operated by Kayla May. By using our website, you agree to the following terms and conditions (“Terms of Service”) that apply to all users of the site. If you do not agree to these terms and conditions, you may not use this website.
By agreeing to these Terms of Service, you confirm that you are of legal age to use this site or have the consent of a legal guardian to do so on behalf of any minor dependents. You also agree not to use our products or services for any illegal or unauthorized purpose or violate any laws in your jurisdiction, including but not limited to copyright laws. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these terms may result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and may involve transmissions over various networks, which could be subject to changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We strive to provide accurate, complete, and current information on our website, but we cannot guarantee its accuracy, completeness, or timeliness. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services are available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
At Kayla May, we take the privacy and security of your personal information very seriously. Any personal information you submit through our store is governed by our Privacy Policy. You can view our Privacy Policy to learn more about how we collect, use, and protect your personal information.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
While we strive to provide accurate and up-to-date information on our site and in our services, there may be occasions where the information contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. If any information in the Service or on any related website is inaccurate, we may cancel orders or adjust pricing as necessary.
Please note that we undertake no obligation to update or amend information in the Service or on any related website, including pricing information, except as required by law. Any specified update or refresh date in the Service or on any related website should not be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
We want everyone to have a positive experience when using our site and services, so we have a few rules about how you can and cannot use them. By accessing or using our site or content, you agree that you will not:
(a) Use the site or its content for any unlawful purpose;
(b) Solicit others to perform or participate in any unlawful acts;
(c) Violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) Submit false or misleading information;
(g) Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) Collect or track the personal information of others;
(i) Spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) Use the site or its content for any obscene or immoral purpose;
(k) Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
At Kayla May, we cannot guarantee that the use of our service will be uninterrupted, timely, secure, or error-free. We also cannot ensure that the results obtained from the use of the service will be accurate or reliable. You acknowledge that we may remove the service for indefinite periods or cancel it at any time without notice to you. By using the service, you expressly agree that your use of, or inability to use, the service is at your sole risk. The service, and all products and services provided through the service, are provided “as is” and “as available” without any representations, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us.
Under no circumstances shall Kayla May, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so in those states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kayla May and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, the provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The rights and obligations of the parties accrued before the termination date will continue to be valid even after the termination of this agreement.
These Terms of Service will be in effect unless and until terminated by you or us. You can end these Terms of Service at any time by informing us that you no longer want to use our services or when you stop accessing our site.
If, at our discretion, we believe that you have violated any term or provision of these Terms of Service, or if you fail to comply with them, we may terminate this agreement at any time without notice. In this case, you will remain responsible for all amounts owed up to the date of termination, and we may deny you access to our services (or any part of it) accordingly.
SECTION 17 – ENTIRE AGREEMENT
The failure to enforce or exercise any right or provision of these Terms of Service will not constitute a waiver of that right or provision.
These Terms of Service, including any policies or operating rules posted by us on this site or in connection with the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements in which we provide services to you will be governed by and interpreted in accordance with the laws of the State of Florida, USA.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to modify, replace or update any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us at Sales@kaylamaydesigns.com.
