Terms and Conditions
This agreement was most recently updated on 09/05/2016.
Welcome to the Kat Trio Site, which is located at thekattrio.net (the “Site”). The following Terms of Service (“TOS”) contain the terms and conditions that govern your use of the Site and the Kat Trio Service (as defined below). Purchase of any product or service on the Site constitutes your agreement to and acceptance of all the TOS.
The Kat Trio (referred in this Agreement as “us”, “we” or “the Kat Trio”) reserves the right to revise this TOS in its sole discretion at any time and without prior notice to you other than by posting the revised TOS on the Site. Any revisions to the TOS are effective upon posting. The TOS will be identified as of the most recent date of revision. It is incumbent upon you to visit this page periodically to ensure your continued acceptance of this TOS. Your continued use of the Site after a revised version of this TOS has been posted by the Kat Trio to the Site constitutes
your binding acceptance of such revision and the revised TOS. Notwithstanding the preceding sentences of this paragraph, no revisions to this TOS will apply to any dispute between you and us that arose prior to the date of such revision.
- The Kat Trio Service.
The Kat Trio provides a number of Internet-based services and products through the Site (all such services, collectively, the “Kat Trio Service” and “Products”). The Kat Trio users may purchase individual Products for their own use.
- Use of the Site and the Kat Trio Service.
(a) Eligibility. The Kat Trio will only knowingly provide Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Kat Trio Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Kat Trio Service is not intended for children under the age of 13.
(b) Compliance With TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Kat Trio Service and the Site.
- Rules For Use Of the Site.
(a) Prohibited Use. Except as may be expressly permitted by the Kat Trio, you may not:
(i) interfere with the Kat Trio Service by using viruses or any other programs or technology designed to disrupt or
damage any software or hardware;
(ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Kat Trio Service;
(iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet “search engine”, hit counters or similar technology;
(iv) collect electronic mail addresses or other information from third parties by using the Kat Trio Service;
(v) impersonate another person or entity;
(vii) use any meta tags, search terms, key terms, or the like that contain the Kat Trio’s name or trademarks;
(viii) engage in any activity that interferes with another user’s ability to use or enjoy the Kat Trio Service; or
(ix) assist or encourage any third party in engaging in any activity prohibited by these TOS.
(b) Ordering Products. If you purchase Products, you agree to do so in accordance with the Kat Trio’s Customer Bill of Rights below. Title to Products that you buy will pass to you upon delivery of the Products to the common carrier.
* If you need to cancel your order, contact customer Service by email: firstname.lastname@example.org. Please include the order number of the item that you would like to cancel. If you’ve already completed an order and wish to add a new item to that order, you’ll need to cancel that order and place a new order. Please note that if your order has already been processed, you may not be able to cancel it or modify it.
* If you’d prefer to order the Product over the phone, you can call us at 1-608-271-8884.
(c) Monitoring. The Kat Trio reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site.
(d) Modification of the Service. The Kat Trio may modify the Kat Trio Service at any time with or without notice to you, and will incur no liability for doing so.
When you submit questions, comments, suggestions, ideas, material submitted via web forms, communications or any other information (“Submissions”), you grant the Kat Trio permission to use such submissions for marketing and other promotional purposes. You agree that the Kat Trio will have no obligation to keep any Submissions confidential and you will not bring a claim against the Kat Trio based on “moral rights” or the like arising from the Kat Trio’s use of a Submission.
- Disclaimers, Exclusions, and Limitations.
(a) DISCLAIMER OF WARRANTIES. THE KAT TRIO PROVIDES THE SITE AND THE KAT TRIO SERVICES ON AN “AS IS” AND “AS AVAILABLE”
BASIS. THE KAT TRIO DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE KAT TRIO SERVICE OR ITS USE:
(i) WILL BE UNINTERRUPTED,
(ii) WILL BE FREE OF INACCURACIES OR ERRORS,
(iii) WILL MEET YOUR REQUIREMENTS, OR
(iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. THE KAT TRIO MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) EXCLUSION OF DAMAGES. THE KAT TRIO WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE KAT TRIO SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE GREATER OF
(i) THE AMOUNT PAID OR PAYABLE BY THE KAT TRIO TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR
You will indemnify and hold the Kat Trio and its members, representatives, agents, affiliates, directors,
officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these TOS. If you have to indemnify the Kat Trio under this Section, the Kat Trio will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without the Kat Trio’s express written permission.
(a) Termination. The Kat Trio may suspend or terminate your use of the Site or The Kat Trio Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
(b) Survival. These TOS will survive indefinitely unless and until The Kat Trio chooses to terminate them.
(c) Effect of Termination. If you or The Kat Trio terminates your use of the Site or the Kat Trio Service, the Kat Trio may delete any Submissions or other materials relating to your use of the Kat Trio Service on the Kat Trio’s servers or otherwise in its possession and The Kat Trio will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods:
(i) U.S. mail,
(ii) overnight courier, or
(iii) electronic mail.
If you give notice to the Kat Trio, you must use the following addresses:
P.O.Box 45824 Madison, WI 53744 U.S.A. or email@example.com. If the Kat Trio provides notice to you, the Kat Trio will use the contact information provided by you to the Kat Trio. All notices will be deemed received as follows:
(i) if by delivery by U.S. mail, seven (7) business days after dispatch,
(ii) if by overnight courier, on the date receipt is confirmed by such courier service, or
(iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
- Dispute Resolution.
Mandatory Arbitration. Please read this carefully. It affects your rights.
YOU AND THE KAT TRIO AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.