Online Course/Digital Product Purchase Terms & Conditions

 

  1.  USER’S ACKNOWLEDGMENT & ACCEPTANCE OF TERMS

BY COMPLETING YOUR PURCHASE, YOU ARE CONSENTING TO THESE TERMS AND CONDITIONS:

 

1.1 Throughout these Terms, “we”, “us”, “our” and “the Clarity Wizard” refer to Katoway Ventures LLC. The Clarity Wizard offers this Digital Course, including all information, products, resources, tools, and services available from this Website to you, the User, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. The terms “user,” “you” and “your” refers to Website visitors, customers, and any other purchaser of the course(s) and/or digital products.

 

1.2 We will use our reasonable endeavors to provide the Digital Courses advertised by the Clarity Wizard.

 

1.3 We may appoint independent sub-contractors to assist in providing digital courses or use third parties to arrange or supply certain aspects of, or services in connection with, our Digital Courses. You agree that our obligation to you is to use reasonable care in selecting competent, independent sub-contractors and third-party suppliers to provide reasonable services related to the Digital Courses. You agree that the Clarity Wizard is not responsible for the actions or omissions of such sub-contractors or third-party suppliers.

 

1.4 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

1.5 You agree to not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of these Terms will result in an immediate termination of your Services.

 

1.6 By visiting this Website and/or purchasing a digital course/product from this Website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms apply to all users, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

1.7 Please read these Terms carefully before purchasing and accessing the online course/digital product. By accessing or using any part of the Website/service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this Agreement, then you may not access the course, website, or use any services. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

 

1.8 We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our platform/course hosting platform/website. It is your responsibility to check the appropriate page periodically for changes. Your continued use of or access to the digital course/product following the posting of any changes constitutes acceptance of those changes.

 

  1. DEFINITIONS

 

2.1 Capitalized terms used herein (and not otherwise defined) have the following meanings: “Additional Study Materials” means any Digital Study Materials or Physical Study Materials not included in the Course Fee.

 

“Brochure” means any digital or hard copy material produced by the Clarity Wizard that provides detailed information with respect to the Digital Courses;

 

“Course Fee” means the fee payable for a Digital Course but excludes any delivery charges payable in relation to the delivery of Course Materials, if applicable, and any import duties, taxes and customs clearances which may be payable;

 

“Course Materials” means the materials provided by the Clarity Wizard in the course of the delivery of any Digital Course, which may be (i) Digital Study Materials and/or (ii) Physical Study Materials;

 

“Digital Course” means a digital or online course or product provided by the Clarity Wizard;

 

“Digital Study Materials” means any material in an electronic format which may be (i) downloaded from the Website or (ii) accessed and viewed on the Website, including, but not limited to, PDFs, MP3s, JPEGs, MPEG4s and MOVs;

 

“Physical Study Materials” means any material in a physical format, including, but not limited to, DVDs, CD Rom, Blu-ray, and Audio CDs;

 

“Website” means [website URL] or any other domain operated by the Clarity Wizard; and

 

“Partner Website” means the websites run by our partners.

 

2.2 The use of singular words herein also includes the plural

  1. PURCHASE TERMS

3.1 By agreeing to these Terms, you represent that you are at least the age of majority in your state, jurisdiction, or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Website. Children under the age of 18 are prohibited from using the Site.

3.2 When you place an order for any of our Digital Courses, you are offering to purchase that product based on these Terms.

3.3 In order to purchase a Digital Course, you must provide the required information and pay the amount specified. You must ensure that all information provided is complete and accurate.

A legally binding agreement shall only come into existence once:

(a) We have accepted your offer to purchase a Digital Course by sending you an order confirmation email which will provide you with a link to access the digital product/course, along with log on details (if applicable); and

(b) We have received from you (or on your behalf) the entire product or course fee in cleared funds for the Digital Course with a one-off lump-sum payment or in an accordance with an agreed upon payment plan.

3.3 You must check the details on the order confirmation email when you receive it. If there are any errors, please contact us immediately.

3.4 Where your order consists of multiple products or courses, each individual product or course will be treated by The Clarity Wizard as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Digital Courses will not be an acceptance by the Clarity Wizard of your offer to purchase any other digital product or course which make up your order.

3.5 We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more digital products or courses. In such circumstances, no contract will arise, and we will return any payment.

3.6 Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised fee for a product or course and/or to amend any of the information contained in the product or course description. We also reserve the right to withdraw at any time digital products or courses advertised for sale on the website and/or in any Brochure.

3.7 All amounts are payable in US Dollar and/or the local currency (subject to availability). Any currency conversion costs or other charges incurred in making a payment shall be borne by you, and shall not be deductible from the amounts due to the Clarity Wizard.

3.8 Unless otherwise specified in respect of a particular product or course, the Course Fee is payable with a one-off lump-sum payment immediately before the course start.

3.9 The option of paying the Course Fee in instalments, through a payment plan, is offered subject to availability. Acceptance of your offer to purchase a Digital Course and pay the Course Fee through a payment plan is at the sole discretion of the Clarity Wizard. We may withdraw the option of paying the Course Fee in instalments at any time in our sole discretion. Any such withdrawal shall not affect customers who have already purchased a Digital Course and are paying the Course Fee in instalments at the date of such withdrawal.

3.10 The total amount paid for any Digital Course may differ depending on whether the Course Fee is paid for with a one-off lump sum payment or in instalments, subject to availability.

3.11 Where the Course Fee is paid for: payments will be accepted by: credit card or debit card.

3.12 In the unlikely event that your purchase was accepted at a time when the amount of the Course Fee displayed on the Website and/or in any Brochure is incorrect, the Clarity Wizard will notify you as soon as it reasonably can. If the correct amount of the Course Fee is higher than the amount displayed on the Website and/or in any Brochure, then the Clarity Wizard will contact you to notify you of the correct Course Fee, so you can decide whether or not you wish to continue with your order of the Digital Course at the increased Course Fee. If you decide that you would like to cancel your order, the Clarity Wizard will give you a full refund in respect of any amount you have already paid. If the correct Course Fee is lower, the Clarity Wizard will refund you the difference between the amount which you have paid and the correct Course Fee payable

3.13 If you have selected a payment plan option, you understand and agree that all payments are to be made on time. If there is delay in payment, Company reserves the right to bill you a late fee of 3% each week, based on the remaining balance due under the payment plan. You understand that regardless of any attempt to request a refund or terminate your purchase after accessing the product(s), you remain responsible for any remaining payments in the payment plan.

3.14 You agree to not dispute any charges at any time. In the event that you inadvertently dispute a charge made to your account in connection with a purchase made through this website, you agree to immediately cancel/withdraw such a dispute. You understand that disputing a charge through your financial institution is a violation of this Agreement and you agree to not do so. You are responsible for any fees, including attorneys' fees, associated with recouping payment on outstanding payment and/or disputes and any collection fees associated with such an event. We reserve the right to forward any payment disputes to a collection’s agency.

  1. CANCELLATION, DEFERRAL & REFUND POLICY

4.1 Due to the digital nature of our products, we offer a limited 90-day refund policy. If you are not satisfied with the course within 90 days of purchase and can show proof of having finished the worksheets, please share your concerns with us via email at [email protected] and we will do our best to make things right.

4.2 The Clarity Wizard reserves the rights to (a) cancel the course prior to the course start date. (b) defer the start date of your Digital Course or change to another Digital Course prior to the relevant start date, subject to availability of your chosen Digital Course.

4.3 the Clarity Wizard reserves the rights to cancel any Digital Course at any time prior to its scheduled termination date.

4.4 If you or the Clarity Wizard cancel a Digital Course in accordance with Clauses 4.1, 4.2 (a) (as relevant), the Clarity Wizard will refund the relevant portion of the Course Fee to you via your original method of payment (less the relevant delivery charges and payment service provider charges as set out Clause 4.5 below) within 30 days of receiving your notice of cancellation/giving notice to you of such cancellation, subject to 3rd party payment service provider’s refund processing speed

4.5 If you cancel a Digital Course within a period of 90 days in accordance with Clause 4.1, the Clarity Wizard will deduct from any refund of your Course Fee the cost of any delivery charges, currency exchange fees, and payment service provider charges paid by the Clarity Wizard in relation to the return of any Physical Study Materials, if applicable, by you to the Clarity Wizard.

4.6 You will not be entitled to any refund if you cancel your order after 90 days beginning on the day on which the Contract is concluded with you as notified by the order confirmation email from the Clarity Wizard.

  1. ADDITIONAL STUDY MATERIALS (IF APPLICABLE)

5.1 Additional Study Materials may be available as an add-on to a Digital Course. A charge may be payable for such Additional Study Materials (as set out in the information relating to the Additional Study Materials) and the delivery of such Additional Study Materials to you.

5.2 Any payment for Additional Study Materials (if applicable) and any delivery charges payable in relation to the delivery of Additional Study Materials, if applicable, will be accepted by the same methods as set out in Clause 3.12 above.

  1. DIGITAL COURSE CONTENT & ACCESS TERMS

6.1 The description of the Digital Course on the Website and/or in any relevant Brochure and/or Partner Websites will set out details of the contents of the available Digital Courses.

6.2 Except as set out in the description of the Digital Course on the Website and/or in any relevant Brochure and/or Partner Website, no additional Course Materials and/or tuition (either Digital, face to face or classroom) will be provided by the Clarity Wizard.

6.3 Upon receipt of an order confirmation email from the Clarity Wizard you will be notified of when you will have access to the Digital Course purchased and for the length of time such access will be made available to you, unless any such Digital Course is removed.

6.4 The receipt of a Digital Course is personal to you and, unless otherwise agreed by the Clarity Wizard pursuant to Additional Terms and Conditions, you may not share or transfer your rights to access the Digital Course or provide a Digital Course to any other person

6.5 You may incur charges to your internet service provider while you are accessing and/or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Course Materials. You are responsible for paying any such charges.

6.6 You acknowledge that the Clarity Wizard operates a zero-tolerance policy in relation to inappropriate behavior of students. In particular, abusive or violent behavior directed at the Clarity Wizard’s staff or other students and unfair or dishonest practices will not be tolerated under any circumstances. The Clarity Wizard may, in its reasonable discretion and without liability or an obligation to refund any Course Fee, refuse to supply any Digital Course to any student who engages in inappropriate behavior.

6.7 We reserve the right to monitor IP addresses that are used to access the Course Materials and, if a student if found to be in contravention of the access rules, we may terminate a student’s access to the Digital Course and the Course Material. In such circumstances, no refund will be given.

  1. MODIFICATIONS TO DIGITAL COURSES OR TECHNOLOGY ENHANCEMENTS

7.1 From time to time, the Clarity Wizard may make modifications or enhancements to the Digital Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Digital Course purchased by you.

7.2 Purchase of a current Digital Course does not entitle you to have access to future revised Digital Courses as part of the original purchase.

  1. TECHNICAL SUPPORT & ACCESS

10.1 If you are unable to access a Digital Course, the Clarity Wizard will use reasonable endeavors to provide a solution where the Clarity Wizard has direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, the Clarity Wizard may, in its discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.

8.2 You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

8.3 The Clarity Wizard will use reasonable endeavors to make the Digital Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. The Clarity Wizard reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.

8.4 You also accept and acknowledge that the Clarity Wizard cannot be held responsible for any delay or disruptions to your access to the Digital Course as a result of such suspension or any of the following:

(a) the operation of the internet and the world wide web, including but not limited to viruses;

(b) any firewall restrictions that have been placed on your network or the computer you are using to access the Digital Course;

(c) failures of telecommunications links and equipment; or

(d) updated browser issues

  1. LIMITATION OF LIABILITY

9.1 The exclusions and limitations of liability contained in the Terms do not apply to a party’s liability: (i) for fraud or willful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.

9.2 Except as set out in the Terms, the Clarity Wizard shall not be responsible for losses that result from its failure to comply with the Terms including, but not limited to, losses that fall into the following categories:

(a) indirect or consequential losses;

(b) loss of income or revenue;

(c) loss of business;

(d) loss of anticipated savings; or

(e) loss or corruption of data

9.3 The Clarity Wizard is not responsible to you for any data that you lose either (a) as a result of accessing the Digital Course or the Digital Study Materials; or (b) during completion of any Digital Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Digital Course and the Digital Study Materials; and (ii) all data that you are inputting when completing the Digital Course.

9.4 Save as otherwise set out in this section “Limitation of liability”, the Clarity Wizard’s maximum aggregate liability to you for any claims that you may have against the Clarity Wizard for direct loss in contract, tort or otherwise arising out of or in connection with the Terms, the Digital Course, your use of the Course Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you and if no purchase has been made by you, Katoway Ventures LLC’s cumulative liability to you shall not exceed $100.

9.5 the Clarity Wizard will not be held responsible for any delay or failure to comply with its obligations under the Digital Terms if the delay or failure arises from any cause which is beyond the Clarity Wizard’s reasonable control.

9.6 Each provision in this Clause 9 shall be construed separately as between you and the Clarity Wizard. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.

  1. GENERAL CONDITIONS
    The Clarity Wizard (“We”) reserves the right to refuse service to anyone for any reason at any time.


You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.


You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Digital Course, the Service provided, the Products provided, use of the Service/Products, or access to the Service/Products, or any contact on the website through which the service/products are provided, without express written permission by us.

 

We are not responsible if information made available on this Website or within the digital course/product (“product”) is not accurate, complete, updated, or current. The material on this Website is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions, related to your business or otherwise, 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. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website or digital courses/products.

 

You understand that the information presented in any course, resource, product, or program via this Site is not legal, financial, therapeutic, mental health, or medical advice and Company is not a law firm. All of the information provided throughout the Program and Services, including the resources delivered via phone/video conference, e-mail, in an Digital forum, live events including webinars and video/audio recordings educating about business, laws, health, wellness, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that Company does not and will not provide any form of diagnosis, legal advice, medical advice, financial advice, or mental health advice.

 

  1. ACCOUNT CREATION
    In order to use the Service/Site, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to the Clarity Wizard will always be accurate, correct, and up to date. You agree to not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. In the event that your account is compromised, you agree to notify us in writing (via email) immediately and change your password. Any violation of these terms are grounds for removal and banishment from the Website at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.

 

  1. LAWFUL PURPOSES
    You may use the Site, Course, and Service for lawful purposes only. You agree to not post or transmit through the Site any material which violates or infringes the rights of others, or which is racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, discriminatory, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. Doing so is grounds for termination of service, at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.

 

Infringement Notification. the Clarity Wizard respects the rights of others and we expect users of our Sites and Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also Company’s policy that Company may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

 

How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Digital forum or Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to the Clarity Wizard by both of the following means:

 

Email: [email protected]
Address: 3751 Main Street Ste 600-143, The Colony, TX 75056

 

In any such notice, please include sufficient information to address the items specified below:

  • Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
  • Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Katoway Ventures LLC to locate the material.
  • Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing.
  • Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
  • Include details of your claim to the material, or your relationship to the material’s copyright holder.
  • Provide your full name, address, and telephone number should we need to clarify your claim.
  • Provide a working email address where we can contact you to confirm your claim.
  • If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
  • If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
  • Sign the document, physically or electronically.

 

  1. ORDER CONFIRMATION
    We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible: [email protected]

 

  1. PRODUCTS OR SERVICES
    Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.


We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Website is void where prohibited.


We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product or Service will be corrected.

 

  1. PERSONAL INFORMATION
    Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, visit: www.theclaritywizard.com

 

  1. OUR INTELLECTUAL PROPERTY
    This Site and Service contain intellectual property owned by Katoway Ventures LLC, including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the the Clarity Wizard name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement of such. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Service Content, Course and Program Materials, or other intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.


(a) Katoway Ventures, the Clarity Wizard, The Consultant Launch Course, and kgalloway consulting are exclusively owned by Katoway Ventures LLC.

 

(b) No Resale of Services Permitted. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site and/or products purchased via the Site (including training materials), use of the purchased materials/products, or access to any course or products purchased. This agreement and all product(s) purchased are not transferrable or assignable without the Company’s prior written consent.

 

(c) You agree to not share access to the digital product(s) purchased or other proprietary materials with others. This includes parties that have not purchased the products, or any other third-party that Company has not authorized access to.

 

  1. MODIFICATIONS TO THE SERVICE AND PRICES
    Prices for our services and products are subject to change without notice.


We reserve the right at any time to modify or discontinue the Service (or any part or content provided) without notice at any time. If discontinued within twelve (12) months of your purchase, Company agrees to provide a refund.


We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

  1. NO GUARANTEES

(a) We cannot guarantee any outcome of using or consuming the digital course/product, the Services, and/or participation in any Program. We make no guarantees other than that the course/product/service described in the product/service description shall be reasonably provided to you in accordance with this Agreement. You acknowledge that Company cannot guarantee any results of the Products/Services/Program as such outcomes are based on subjective factors (including, but not limited to, your participation/implementation/etc.) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. User not achieving his or her desired results is not grounds for a refund, partial or otherwise.

 

(b) Company may provide (on its website or via email, for example) affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of product or service provided by any third-party and bears no liability with respect to such service or experience.

 

  1. NON-DISPARAGEMENT
    You agree to refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts your ability to communicate reviews or performance assessments about Company’s goods or services.

 

  1. CONFIDENTIALITY

(a) Your Information. Please refrain from sending Company and its representatives any confidential information. If there is a private group environment included in your purchase (for example, Slack Group, Facebook Group or Mighty Networks Group) you understand and agree to not publish any information in any such community with any expectation of privacy or confidentiality.

 

 

  1. INDEMNIFICATION
    You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site, Course, Products, or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

 

  1. CHANGES TO POSTED TERMS
    We may at any time amend these Terms of Use. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.

 

  1. ENTIRE AGREEMENT
    This Agreement constitutes the entire agreement between you and Katoway Ventures LLC pertaining to this Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Katoway Ventures LLC shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by Katoway Ventures LLC.

 

  1. NOTICES
    All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
    Katoway Ventures LLC
    3751 Main Street Ste 600-143
    The Colony, TX 75056

E-mail address: [email protected]

 

  1. GOVERNING LAW; VENUE; MEDIATION
    This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be The Colony County, Texas. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the Parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

 

  1. RECOVERY OF LITIGATION EXPENSES
    If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

  1. SEVERABILITY
    If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

  1. ASSIGNMENT
    These Terms and Conditions bind and inure to the benefit of the Parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

Questions about these Terms and Conditions? Email us at [email protected]