Agreement to Terms of Use

The following Terms of Use (“Terms” or “Agreement”) govern your access to and use of Adjust Katy websites, mobile applications, and all other services we provide (hereinafter the “Services”). Please read the Terms carefully. Your use of the Services constitutes your agreement to be bound by all terms. If you disagree with one or more of these terms or find them unacceptable in any way, please do not use the Services.

This Agreement is divided into two parts. Part One explains all of the terms that govern your use of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement.

Changes to Terms of Use

We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on Adjust Katy websites and/or mobile applications (collectively, the “Site”). Any use of the Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any Dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that was in place when the Dispute arose.

Part One: Terms Governing Use of the Site and Services

Emergencies

THIS SITE IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. Adjust Katy IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THIS SITE.

Restricted Use

You may use this Site only to the extent that you obey all laws, rules, and regulations applicable to your use of this Site.

Your Privacy

Upon acceptance of these Terms you confirm that you have read, understood, and accepted Adjust Katy Online Privacy Policy and HIPAA Notice.

Transactions

If you wish to purchase products or services described or linked to on the Site (each such purchase, a “Transaction”), Adjust Katy or the third party provider of the product or service will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment and shipping information. You understand that, if any such information is provided to Adjust Katy, then Adjust Katy shall treat any such information in the manner described in our Online Privacy Policy. By supplying such information, you grant Adjust Katy the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree to pay all charges incurred by you or any users of your membership account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. You shall also be responsible for paying any applicable taxes relating to your purchases. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MECHANISM USED IN CONNECTION WITH ANY TRANSACTION.

Descriptions or images of, or references to, products or services on the Site do not imply Adjust Katy endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Adjust Katy acceptance of any order. Price and availability of any product or service are subject to change without notice. Adjust Katy is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to Adjust Katy and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Current rates for any product or service available through the Site may be obtained by sending an email to .

Social Media and Online Communities

Adjust Katy may provide you opportunities to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, YouTube or other similar sites (collectively, “Social Media Sites”). Adjust Katy may also provide you opportunities to participate in online communities on such Social Media Sites and may host discussion boards, chats, and other forums on this Site. For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that we may provide from time to time in order to submit your Tagged Content for potential use on our Site. If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation is governed by these Terms. Additionally, you remain responsible for your compliance with other applicable terms and conditions such as those of Instagram or other Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission.

If you participate in Adjust Katy online community, discussion board or other forum, you agree that anything you submit is being provided by you voluntarily, on a non-confidential basis, and without any compensation due to you and you grant Adjust Katy a perpetual, worldwide, royalty-free, transferable, and sub-licensable, right and license to use, copy, distribute, modify, create joint and derivative works, your content, postings and Tagged Content in any form or format. You further agree that (a) you will not post, transmit, or link to any material, websites, Tagged Content or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech; (b) you may only post, upload or transmit photos or materials for which you have the copyright or other permission to distribute electronically citing the original source; (c) you may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights; (d) you agree that any Tagged Content or materials you post or upload will be owned by you or be in the public domain; (e) you may not intentionally post, create, upload or transmit any software or other material that contains a virus or other harmful code or device; (f) you may not solicit other users, or distribute advertising, for products or services through the Site, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses for the purpose of sending bulk email or other messages to other users of the Site; (g) if you choose to submit Tagged Content or post items in public or “chat” portions of the Site, such material, information, photographs, and other information you post in these public or group areas is available to the other individuals using this Site and Adjust Katy does not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information for any purpose whatsoever; (h) you will always use caution in posting personally identifying information, and never exchange personal financial information, address, phone numbers or other personal information; (i) you will not post any material that violates any law or regulation; (j) you will not impersonate any other person or use the identity of some other living person; and (k) your postings will truthfully reflect your own experience.

Adjust Katy may terminate or restrict your access to any Adjust Katy online community, including access through the Site.

Selection and Removal of Tagged Content

Adjust Katy will review Tagged Content and select certain Tagged Content for posting on our Site; we make no guarantee that your Tagged Content will be posted. Notwithstanding the foregoing, you remain fully responsible and liable for your Tagged Content and its compliance with these Terms, other applicable terms of use and applicable laws. If your Tagged Content is posted to our Site, you may request removal of your Tagged Content by marking it as “private” in your Social Media Site account or by emailing us at adjustkaty@gmail.com.

Monitoring

We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the Site or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.

Copyright Notice

This Site is owned and operated by Adjust Katy. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the Site and materials contained on the Site are either owned by Adjust Katy, are licensed to it, or are used with permission. Adjust Katy and its licensors retain and reserve all proprietary rights to the contents of this Site.

You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Adjust Katy. You may link to, view, download, use, display and print a single copy of the materials found on this Site only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Adjust Katy or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © [current year] Adjust Katy. All rights reserved.” Any other use of the Site or the information contained here is strictly prohibited. Adjust Katy may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.

Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Site infringes a valid copyright owned by you, you (or your agent) may send Adjust Katy a notice requesting that the material be removed, or access to it blocked. This request should be sent to: Adjust Katy; 1850 Ave D, Katy, TX, 77493

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) 

Terms of service.