Last modified September 7, 2023
PLEASE REVIEW THIS POLICY CAREFULLY
The Kasey Phillips Sites are owned and operated by Kasey Phillips, LLC or any affiliate, which will also be referred to herein as, “Kasey Phillips, LLC”, “our”, “we”, “us”. The data controller of your Personal Information is Kasey Phillips, LLC.
COLLECTION OF YOUR PERSONAL INFORMATION
LEGAL BASIS FOR PROCESSING
INTERNATIONAL PRIVACY LAWS AND YOUR RIGHTS UNDER THE GDPR
If you are a member of the European Union (EU), you have special rights under the GDPR. Those include: You have the right to object to the processing of your data and the right to portability of your data. All complaints must be sent to email@example.com. You also have the right to erasure, rectification, access, or to seek restrictions to the processing of your personal data in our system. To the extent you provide consent to our processing of your personal data, you have the right to withdraw that consent at any time. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with a supervisory authority containing jurisdiction over GDPR related issues. If you do withdraw consent, this will not affect the lawfulness of any processing that was based on your consent before its withdrawal. In addition to the foregoing, you have the right under the GDPR to lodge a complaint in respect of your data protection rights with the applicable supervisory authority for data protection in your jurisdiction. If you are in the United Kingdom, that supervisory authority is the UK’s Information Commissioner’s Office: https://ico.org.uk/. If you are located in the EU/EEA, a list of and more information about the EU/EEA Data Protection Authorities can be found at https://ec.europa.eu/newsroom/article29/items/612080.
SAFEGUARDING YOUR PERSONAL INFORMATION
We maintain physical, technical, and administrative safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through our website also by implementing adequate security measures as required by the applicable laws, we cannot and do not guarantee the security of any information you transmit on or through our website, and you do so at your own risk. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.
We use Secure Socket Layer (SSL) or similar industry standard technology to encrypt transmissions of sensitive information from your computer to our servers. However, when you communicate with us via email on our website, these communications may be handled via unsecured transmissions or by third party service providers. Please be aware that information provided (such as email address, payment information, etc.) may be accessible to others. For that reason, we ask that you protect yourself and not share sensitive information via these communication channels.
COOKIES: WHAT THEY ARE, AND WHY THEY ARE NEEDED
POLICY WITH MINORS
Our Sites are not intended for individuals under the age of 18. If you are under 18, you may only use the Sites under the supervision of a parent or guardian. We do not collect or maintain information from anyone known to be under the age of 18, and no part of this website is designed to attract anyone under the age of 18. We do not sell products or services intended for purchase by children. If we discover or are otherwise notified that we have received any such information from a child in violation of this policy, we will delete that information.
We only retain Personal Data collected from Users for as long as the User’s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it unless otherwise required by law. We will retain and use information as necessary to comply with legal obligations, resolve disputes, and enforce agreements for a period of 7-10 years.
USE OF YOUR PERSONAL INFORMATION
The information we gather from you may be used in several ways, either now or in the future, to gain a better understanding of our Sites’ users and their usage pattern as a whole, for site administration and troubleshooting, to process transactions, contest entries and other matters you initiate, to identify preferences in content and advertising, to target editorial, advertising or other content (such as promotions, special offers or other content) we think might be of interest to you. We may also use information we gather from you to communicate changes and improvements to my website or any registration you have made.
We use information collected to provide and operate the Sites, to facilitate your online experience, to operate the Site features, to communicate with you (e.g., for customer support), to administer on-platform optimization and reporting, to improve customer experience through personalization of products and their application, and use your browsing and other information to help us analyze our Sites. We may use the information we collect for any other purpose that was disclosed to you at the time it was collected or for other purposes where these are not incompatible with the disclosed purposes or where we otherwise have your consent.
You have the right to request access to the information we have for you. You can do this by contacting us at firstname.lastname@example.org. We will make sure to provide you with a copy of the data we process about you In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending your copy electronically unless the request specifies a different method. If you believe that the information we have about it is incorrect, or if you wish to remove your private information (such as an email address provided in an opt-in), you may contact us at email@example.com. Any data that is no longer needed for the purposes specified herein will be deleted.
Please keep in mind that if you disclose personally identifiable information in a public manner through the Sites, this information may be collected and used by others accessing those portions of the Sites. We do not monitor information you disclose on the Sites nor do we accept any liability associated with your voluntary disclosure of the same.
You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the Sites, so that you may understand how those sites collect, use and store your information. We are not responsible for the privacy statements, policies or content of any other websites. Websites containing co-branding (referencing our name and a third party’s name) contain content delivered by the third party and not us.
By using the Sites you agree that we are not responsible for: (i) any disclosure of your personal information made by you to a third party through your use of the Sites; (ii) any disclosure of your personal information obtained illegally from me; or (iii) any accidental disclosure of your personal information made by us.
YOUR COMMENTS AND CONCERNS
This website is operated by Kasey Phillips, LLC, 710 South Humboldt Street, San Mateo, CA 94402. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to firstname.lastname@example.org.
If you are not able to access our form, you may request that a copy be provided to you in an alternative format by emailing email@example.com.
NOTICE UNDER CALIFORNIA CONSUMER PRIVACY ACT
Last modified September 7, 2023
Terms such as “personal information” and “processing” that are defined in the CCPA will have the same definitions in this Notice as we understand them to have under the CCPA. This includes exceptions to certain terms under the CCPA. For example, “personal information” under the CCPA does not include publicly available, aggregate consumer information, or de-identified, information.
The following chart is for the sole purpose of demonstrating the categories of information we may collect online, and other relevant information, such as why we collect information, how it is shared, if it is shared, and whether we sell that personal information.
Type of Information Collected: Name, email address, phone number, general message, information available through your Internet Protocol address, information collected automatically through various website tools we employ, as defined in our Cookie Notice, information that aids in improving our website for our visitors
Purpose for Collection: Information requested on our contact page
Who we share Information with: Third party service providers as necessary to administer, facilitate, and enhance the provision of our Sites under agreements that such providers maintain the information confidential.
If you would like to request additional information, please email firstname.lastname@example.org, and complete the following: (1) identify yourself and (2) specify the information you request to be accessed, corrected, or removed
Please note that we reserve the right to request additional information to verify the above, including a form of government-issued identification. We additionally reserve the right to decline to process requests if you fail to provide either of the above, if we believe the request will violate any other law or legal requirement, cause the information to be incorrect, or jeopardize the privacy of others.
Written responses to information requested under this section will be delivered electronically. If a request is declined, we will provide an explanation as to why. We will not discriminate against you for exercising any rights available to you under applicable law.
We additionally reserve the right to modify, or delete some or all of your information collected. In such a case, we will retain data as reasonably necessary to comply with any legal obligations, including regulatory, security, or dispute requirements, law enforcement requirements, to prevent fraud or abuse, or to enforce obligations, including any other requests from you.
TERMS & CONDITIONS
Last modified September 7, 2023
PLEASE READ THESE TERMS CAREFULLY
Kasey Phillips exclusively owns and controls the Sites, which provide information about products and services and may, from time to time, provide access to educational materials pertaining to a variety of website design, photography, and graphic design. You agree that use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $50 per incident for any unauthorized use of our content, at the sole discretion of Kasey Phillips.
Unless explicitly stated otherwise, as between you and Kasey Phillips, Kasey Phillips owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. My name, Kasey Phillips and all related names, product and service names, logos, slogans, and designs are my trademarks and you may not use these marks without my prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission. You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites and the resources available for download from the Website strictly in accordance with these Terms.
THIRD PARTY RIGHTS
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Kasey Phillips either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. We respect the intellectual property of others and ask that you do the same. Users must obtain permission from the owners of any Third-Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.
If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact us via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
LINKING TO OUR SITES
Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with Kasey Phillips; (ii) present false or misleading information about Kasey Phillips; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.
ADVERTISEMENTS AND LINKS
We may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not my own. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that we link on the Sites will be clearly marked; however, we encourage you to reach out with any questions you may have regarding affiliate links.
You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by Kasey Phillips of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Kasey Phillips shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.
DISCLAIMER AND LIMITATION OF LIABILITY.
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. KASEY PHILLIPS, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.
Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of this language may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.
CHOICE OF LAW AND VENUE
These Terms are governed by the laws of the State of California without regard to any conflict of laws. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in San Mateo, California.
YOUR COMMENTS AND CONCERNS
This website is operated by Kasey Phillips, 710 South Humboldt St., San Mateo, CA. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: email@example.com. Thank you for visiting the Sites!
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
Last Updated September 7, 2023
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM KASEYPHILLIPS.COM IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH KASEY PHILLIPS OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Kasey Phillips and you will not take place unless and until you have received your order confirmation e-mail.
PRICES AND PAYMENT TERMS
All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept various payment methods for all purchases. In the event that you use a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
SHIPMENTS, DELIVERY, TITLE AND RISK OF LOSS
When applicable, we will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments, nor are we required to refund orders lost in the mail. However, if an item is not delivered by the carrier, you must notify us within 30 days of the originally scheduled delivery date. Any decision regarding whether or not to replace a lost item is within our sole discretion, upon timely notice.
RETURNS AND REFUNDS
All refunds are in our sole and exclusive discretion. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned in their original condition. To return products, you must e-mail our firstname.lastname@example.org You bear the risk of loss during shipment, meaning if an item is not delivered back to us, you will not be refunded. Refunds are processed within approximately 30 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE WILL NOT OFFER REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE OR NONREFUNDABLE.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A WORKMANLIKE/PROFESSIONAL MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACE, OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.
This limited warranty extends only to the original purchaser of products and services from the Site, not to any subsequent or other owner or transferee of the product. This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services you purchased from us. This limited warranty does not cover any damages due to transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control. This limited warranty starts on the date of your purchase and lasts for one year the "Warranty Period". The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services. To obtain warranty service, you must e-mail us at email@example.com during the Warranty Period.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INTELLECTUAL PROPERTY USE AND OWNERSHIP
You acknowledge and agree that:
(1) Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.
(2) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce, or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
(3) Kasey Phillips is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
The Parties have entered into agreement in the State of California and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of California, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the California, and that venue of any action will be located in the District Court of United States, California.
To the extent permitted by applicable laws, you and we agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expenses whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF CALIFORNIA OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
You acknowledge and agree that in the event of a breach or threatened violation of Kasey Phillips' intellectual property rights and confidential and proprietary information by you, Kasey Phillips will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Kasey Phillips may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in San Mateo County, California United States of America for purposes of any such action by Kasey Phillips.
COMPLIANCE WITH LAW
The parties shall comply with all applicable laws. Whenever there is any conflict between any provision of these TCOS and any law, the law shall prevail.
A waiver of one provision of this agreement, that does not mean that any other provision is also waived.