Terms of Service

By visiting www.sarahakochan.com, you are consenting to our terms of service.

Overview

By using www.sarahakochan.com, referred to as this “Site”, all visitors, referred to as “user,” “you,” and “your,” are bound by these Terms of Service.  The terms “we,” “us,” and “our,” refer to Sarah A. Kochan, LLC (“Company”), owner of www.sarahakochan.com.  Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.

Privacy

Your use of www.sarahakochan.com is subject to Sarah A. Kochan, LLC’s Privacy Policy.  Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Site Use

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service.

In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information.  You agree that any registration and/or billing information you give to the Company will always be accurate, correct and up to date.  You must 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 Site, violate any laws in your jurisdiction.

You may use the Site and Service for lawful purposes only.  You shall not post or transmit through the Site any material which violates or infringes the rights or others, or which is threatening, abusive, defamatory, libelous, invasive or privacy or publicity rights, 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.  

Purchase and Refund Policy

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by the Company.  No refunds will be given for any products purchased online.

Sarah A. Kochan Intellectual Property

You are granted a non-exclusive, revocable license to access and use www.sarahakochan.com strictly in accordance with these terms of use.  As a condition of your use of the Site, you warrant to Sarah A. Kochan, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All consent included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sarah A. Kochan, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereof.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  Sarah A. Kochan, LLC content is not for resale.  Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.  You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Sarah A. Kochan, LLC and the copyright owner.  You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of Sarah A. Kochan, LLC or our licensors except as expressly authorized by these Terms.

Links to Third Party Sites/Third Party Services

The Site and the Service may contain links to third party websites and resources (“Linked Sites”).  The Linked Sites are not under the control of Sarah A. Kochan, LLC and Sarah A. Kochan, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Sarah A. Kochan, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sarah A. Kochan, LLC of the site or any association with its operators.

Certain services made available via www.sarahakochan are delivered by third party sites and organizations.  By using any product, service or functionality originating from the www.sarahakochan.com domain, you hereby acknowledge and consent that Sarah A. Kochan, LLC may share such information and data with any third party with whom Sarah A. Kochan, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.sarahakochan.com users and customers.

International Users

The Service is controlled, operated and administered by Sarah A. Kochan, LLC from our offices within the USA.  If you access the Service from a location outside the USA, you are responsible for compliance with all local laws.  You agree that you will not use the Sarah A. Kochan, LLC Content accessed through www.sarahakochan.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Sarah A. Kochan, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  Sarah A. Kochan, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sarah A. Kochan, LLC in asserting any available defenses.

Online Commerce

Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants.  If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.  The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction.  In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.  The parties agree to arbitrate all disputes or indirectly, including Tort claims that are a result of these Terms and Conditions.  The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.  The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator.  This arbitration shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted.  The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other.  Further, unless both you and Sarah A. Kochan, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors.  Changes are periodically added to the information herein.  Sarah A. Kochan, LLC and/or its suppliers may make improvements and/or changes in the Site at any time.

Sarah A. Kochan, LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Site for any purpose.  To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “As is” without warranty or condition of any kind.  Sarah A. Kochan, LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions or merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Sarah A. Kochan, LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Sarah A. Kochan, LLC or any of its suppliers has been advised of the possibility of damages because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.

Termination/Access Restrictions

Sarah A. Kochan, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.  To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sarah A. Kochan, LLC as a result of this agreement or use of the Site.  Sarah A. Kochan, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sarah A. Kochan, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sarah A. Kochan, LLC with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sarah A. Kochan, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sarah A. Kochan, LLC with respect to the Site.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions in other business documents and records originally generated and maintained in printed form.  It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Sarah A. Kochan, LLC reserves the right, in its sole discretion, to change the Terms under which www.sarahakochan.com is offered.  The most current version of the Terms will supersede all previous versions.  Sarah A. Kochan, LLC encourages you to periodically review the Terms to stay informed or our updates.

Contact Information

Please read and review these Terms and Conditions carefully.  If you have any questions regarding this agreement, your rights herein, or would like to review, update, or remove your information from our database, please contact us at hello@sarahakochan.com.