Terms of Service

 

1. General

The website www.kellygraceswift.com, Beyond Blog, and The Monarch Podcast (collectively, the "Services") are owned and operated by Kelly Grace Swift ( or “we” or “us”). By using the Services, you agree to be bound by these Terms of Service ("Terms") and to use the Services in accordance with the Terms. Accessing the Services, in any manner, whether automated or otherwise, constitutes use of the Services and your agreement to be bound by these Terms.

We reserve the right to change these Terms or to impose new conditions on use of the Services, from time to time, in which case we will post the revised Terms on this webpage. By continuing to use the Services after we post any such changes, you accept the Terms, as modified.

2. Intellectual Property

Through the Services, you will have access to information, audiovisual content, and other materials that are owned or licensed by us and protected by copyright, trademark, patent, trade secret and other laws (our “Content”). Such Content includes webpages, blogs, podcasts, chats, software, writings, graphics, information, and other proprietary media, data, or materials. We retain all rights to our Content, and your permission to use the Services does not convey any additional right or ownership to our Content. 

 

By using the Services, you agree not to scrape or otherwise use any automated means to extract data or Content from the Services, including without limitation, using agents, robots, scripts, or spiders, to access, monitor, copy or harvest data or Content from any part of our Services.

 

If you believe that any Content available through our Services violates your rights under U.S. copyright law, you may submit a takedown notice pursuant to the Digital Millennium Copyright Act (DMCA) to hello@kellygraceswift.com.

3. Choice of Law and Jurisdiction

You agree that these Terms shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of California. You agree that any dispute arising from these Terms or your use of the Services shall be brought in a state court located in Monterey County, California or in a federal court located in the Northern District of California, and you agree that said courts shall have sole and exclusive venue and jurisdiction over matters related to these Terms or your use of the Services.

 

4. 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. Our 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. Our rights under this Agreement will survive any termination of this Agreement.

 

5. Limitation of Liability

We do not warrant the completeness or accuracy of the Content available through the Services or its usefulness for any particular purpose. We make no promises that our Content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. All information and Content provided on or by our Services is to be used on an "as is, with all faults" basis.

 

By using our Services, you agree that under no circumstances will we be liable for direct, indirect, incidental or any other type of damages resulting from your use of the Services, even if we have been advised of the possibility of such damages occurring. This includes, but is not limited to, loss or injury caused in whole or in part by our negligence or by circumstances beyond our control in creating or delivering any of our Services. In no event will our total cumulative liability exceed the purchase price of any goods or services obtained through the Services, and, if no purchase has been made, our cumulative liability shall not exceed $150.

 

In those states that do not allow the exclusion or limitation of liability, our liability will be limited to the fullest extent permissible by law.

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