1. General

The website www.kalenekhan.com (the “Site”) is owned and operated by Kalene Khan (“Kalene Khan, LMFT” or “I”, “my”, or “me”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, my Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to Programs and Services available through the Site or from Kalene Khan. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

These Terms of Service are effective as of July 1, 2020. I reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case I will post the revised Terms of Service on this website. By continuing to use the Site after I post any such changes, you accept the Terms of Service, as modified.

 

1. Intellectual Property

The Site and the blog posts and articles posted on and disseminated through the Site are created and owned by Kalene Khan and are protected by applicable copyright, trademark, and other intellectual property laws. You as User agree not to plagiarize or steal this intellectual property. More specifically, unless explicitly authorized in these Terms of Service or otherwise explicitly authorized by Kalene Khan, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from Kalene Khan.

You may, however, from time to time, download and/or print one copy of individual pages of the Site and/or any materials from the blog of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

You further agree not to infringe on the copyright, patent, trademark, trade secret or other intellectual property rights of Kalene Khan, LMFT.

 

1. Choice of Law and Jurisdiction

These Terms will be treated as if it were executed and performed in Folsom, California, and will be governed by and construed in accordance with the laws of California without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts.  Any cause of action by you with respect to my Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

 

1. Dispute Resolution

Any legal controversy or claim arising from or relating to these Terms and/or our Service, excluding legal action taken by me to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, will begin with an attempt to resolve any dispute, claim or controversy by Arbitration, which shall be in accordance with the commercial arbitration rules of the American Arbitration Association. The parties further agree that their respective good faith participation in arbitration is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, mediation or other dispute resolution procedures.  The exclusive venue of any dispute resolution will be conducted in Folsom, California. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Folsom, California necessary to protect the rights or property of you and us pending the completion of arbitration.

 

1. Unlawful Activity

I reserve the right to investigate complaints or reported violations of these Terms and take any action I deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

 

1. Links to Other Websites

My Website may from time to time contain links to third party websites.  Inclusion of links for any website on our Website does not mean that I endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.

Kalene Khan has no control over the privacy practices of third party websites; you access any third-party websites at your own risk. I recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.

 

1. Indemnification

You agree to indemnify, defend, and hold me and my partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of my Website or Services.

 

1. Severability and Survivability

Should any part of these terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.  To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. My failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. My rights under this Agreement will survive any termination of this Agreement.

 

1. Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL I BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, KALENE KHAN IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF KALENE KHAN HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL KALENE KHAN’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE SITE, AND IF NO PURCHASE HAS BEEN MADE BY YOU KALENE KHAN’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $150.

 

1. No Warranty or Liability

The information presented on www.kalenekhan.com is provided “as is” and “as available,” without representation or warranty of any kind. Kalene Khan does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.

You agree that Kalene Khan is not liable to you or others, in any way or for any damages of any kind, arising from the use of www.kalenekhan.com, including, but not limited to, liability or damages caused by viruses contained within electronic files of this site or any linked site, regardless of prior notice to my office.

 

1. Changes To These Terms and Conditions

I reserve the right to change these Terms and Conditions at any time by giving you notice of the changes by changing the date at the bottom of this website page. These changes will become effective 30 days after receiving the notice.  To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of my Website, Services, and Products after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of my Website, Services, and Products.

 

Updated 12/7/2020.