This agreement is in effect as of July 12, 2023.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any kraymitchell.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Kray Mitchell, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.
i. You agree to indemnify and hold harmless Kray Mitchell and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Kray Mitchell or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Kray Mitchell will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on kraymitchell.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Kray Mitchell, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Kray Mitchell.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law
This website is controlled by Kray Mitchell. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, Kray Mitchell EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
What information do I collect?
I collect information from you when you register on my site, place an order, subscribe to my newsletter, respond to a survey or fill out a form.
Any data I request that is not required will be specified as voluntary or optional.
When ordering or registering on my site, as appropriate, you may be asked to enter my: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit my site anonymously.
Like most websites, I use cookies to enhance my experience, gather general visitor information, and track visits to my site. Please refer to the 'do I use cookies?' section below for information about cookies and how I use them.
What do I use your information for?
Any of the information I collect from you may be used in one of the following ways:
; To personalize my experience
(my information helps us to better respond to my individual needs)
; To improve my website
(I continually strive to improve my website offerings based on the information and feedback I receive from you)
; To improve customer service
(my information helps us to more effectively respond to my customer service requests and support needs)
; To process transactions
my information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without my consent, other than for the express purpose of delivering the purchased product or service requested by the customer.
; To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to my order or request, in addition to receiving occasional company news, updates, promotions, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, I include detailed unsubscribe instructions at the bottom of each email.
; To administer a contest, promotion, survey or other site feature
How do I protect your information?
I implement a variety of security measures to maintain the safety of my personal information when you submit a request, place an order or enter, submit, or access my personal information.
These security measures include: password protected directories and databases to safeguard my information, SSL (Secure Sockets Layered) technology to ensure that my information is fully encrypted and sent across the Internet securely or Attack Cats. Yeah, you heard me..
I offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into my Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, my private information (credit cards, social security numbers, financials, etc.) will not be stored on my servers.
Do I use cookies?
Yes (Cookies are small files that a site or its service provider transfers to my computers hard drive through my Ib browser (if you allow) that enables the sites or service providers systems to recognize my browser and capture and remember certain information.
Do I disclose any information to outside parties?
I do not sell, trade, or otherwise transfer to outside parties my personally identifiable information. This does not include trusted third parties who assist us in operating my website, conducting my business, or servicing you, so long as those parties agree to keep this information confidential. I may also release my information when I believe release is appropriate to comply with the law, enforce my site policies, or protect my or others' rights, property, or safety. Other, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at my discretion, I may include or offer third party products or services on my website. These third party sites have separate and independent privacy policies. I therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, I seek to protect the integrity of my site and welcome any feedback about these sites.
Childrens Online Privacy Protection Act Compliance
I are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), I do not collect any information from anyone under 13 years of age my website, products and services are all directed to people who are at least 13 years old or older.
CAN-SPAM Compliance
I have taken the necessary steps to ensure that I are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information.
Your Consent
By using my site, you consent to my privacy policy.