Terms and Conditions for Celebrant Services
Agreement between client and Kit Kight Humanist Celebrant, LLC
Thank you very much for considering the services of Kit Kight Humanist Services, LLC ("Kit Kight")("Celebrant")("Minister")("Officiant"), a single-member LLC owned by Mr. Kight. Kit Kight is offering these services to you ("Client") conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your payment of a deposit towards or fee for such services constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
DESCRIPTION OF SERVICES. Upon the payment by the client of either a deposit or fee as described in an invoice sent by Kit Kight via email to the Client, Kit Kight hereby agrees to render Officiant or Pastoral Services ("Services") for Client at the date, time and location as specified in the Invoice.
SCHEDULE. The "Start Time" listed in the Invoice shall be considered the actual Event Start Time and not Guest "Arrival" or "Invitation" time. Client agrees that the Event shall begin within fifteen (15) minutes of the "Ceremony Start Time" as specified in the Invoice.
CHANGES. Changes to this Agreement including, but not limited to the date, time, and/or location of the Event must be communicated in writing by Client and approved by Minister in writing before it is confirmed.
FEES AND DEPOSIT. A non-refundable deposit as described in the Invoice is to be paid before Minister will commence services. The full balance of any unpaid fees including ceremony fees, rehearsal fee, if applicable, and/or travel fees, if applicable, shall be received by Officiant seven (7) days prior to the start of the Event, unless a same-day payment is specified in the Invoice. If Client fails to remit payment as specified, Minister shall have the right to immediately terminate this Agreement without further obligation to refund money, including the aforementioned deposit, or to perform services at the Event.
Deposit is transferable to another date and time as long as Client requests change in writing at least seven (7) days prior to the Event date and Officiant is available. If Officiant is not available at the new date and/or time, all fees in excess of the Deposit will be refunded upon request from Client.
Client shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, Officiant has the option to treat such failure to pay as a material breach of these Terms, and may cancel the Services and/or seek legal remedies.
ADDITIONAL FEES. If the Event location (the "Venue") charges a fee for parking, Client is responsible to have Officiant's parking fee validated or provide cash to cover the parking fee.
FORMS OF PAYMENTS. Deposit may be made electronically via PAYPAL (no extra fees for using PayPal) or by CASH or CHECK. Payments by Client other than the Deposit shall be made by PAYPAL, CASH, or CHECK. Checks shall be payable to R. C. Kight with "Kit Kight Humanist Celebrant" in the notes.
CANCELLATION AND REFUNDS. Cancellations must be communicated in writing. If written notice of Cancellation of Services is provided by Client at least seven (7) days prior to the Event date, all fees paid in excess of the Deposit will be refunded. If written notice of Cancellation of Services is provided by Client less than seven (7) days prior to the Event date, Client shall be responsible for full payment of Services, except for travel fees, if applicable. If written notice of Cancellation of Services is not provided by Client, Client shall be responsible for full payment of Services, including travel fees, if applicable. If written notice of Cancellation of Services is provided by Client, Officiant shall be released to make commercially reasonable attempts to re-book the date and time of the Event. In the unlikely event that the Officiant is unable to perform the ceremony for unforeseen circumstances (i.e. hospitalization, automobile accident, and/or transportation breakdown, etc.), Officiant shall be allowed to make reasonable attempts to provide a replacement Officiant at no additional cost to Client. In event Officiant must cancel this Agreement for Services, Client shall be refunded the full fees paid for the Services.
MARRIAGE LICENSE. If the Event is a wedding, it is the Client's responsibility to acquire a valid marriage license, if applicable, in the state where the Event will take place and have the marriage license at the Event when the Services are rendered. Client agrees that failure to have a valid marriage license at the time of the Event means that the Officiant cannot legally perform the ceremony. If Client fails to have a valid marriage license as specified, Officiant shall have the right to immediately terminate this Agreement without further obligation to refund money, including the aforementioned deposit, or to perform services at the Event. If Client presents a Public Marriage License at least two witnesses must be present at the Event. Officiant will complete and sign the marriage license on the day of the Event and will return the completed marriage license by United States Postal Service First-Class mail or equivalent within two (2) business days to the county recorder of the county in which the license was issued. Client will not automatically receive a certified copy of their marriage license unless they request and pay for a certified copy from the County Clerk or County Recorder. In the event, the marriage license is not received by the county recorder; Officiant will cooperate with the Client and county recorder to resolve the issue. Cost for replacement license, if any, will be assumed by the Client. For privacy reasons, Officiant does not maintain copies of the marriage license.
ADDITIONAL TERMS. If the Event includes a sand ceremony, unity candle, flower ceremony and/or any other special feature, Client is responsible for furnishing all equipment needed to perform such feature(s).
IMAGE RELEASE. Client agrees that Kit Kight may use any images and stories from the Event for any means of promotion, including advertising and display on websites or blogs, unless otherwise stated by Client. Clients waive any right to payment, royalties or any other consideration for the use of the images or stories.
INJURY/LOSS BY GUESTS. Officiant assumes no responsibility for injury, damages or losses incurred by the Client or event attendees. Officiant also assumes no responsibility for any food, beverage, floral arrangements, decorative items, either personal or professional, brought by anyone prior to, during, or after the Event. Client agrees to be responsible for all guests and attendees at the event and the acts of the guests and attendees. Client agrees to pay for any and all injury or damages arising out of the event, except to the extent of any negligence or misconduct by Officiant.
LIMITATION OF LIABILITY. Clients agree that to the fullest extent permitted by law, Officiant shall not be liable for any claims for emotional distress, mental anguish, consequential damages, lost profit, loss of enjoyment, lost revenues, replacement costs, compensatory damages and/or punitive damages, whether or not foreseeable and/or arising from any negligent act or omission on the part of any person. Officiant's liability for any claim, breach or damage by reason of any act or omission shall be limited to repayment of sums paid by Clients only.
INDEMNITY. Clients agree to indemnify, defend and hold harmless Officiant and its employees, agents, independent contractors, officers, directors, members and/or managers for any injury, property damage, liability, claim or other cause of action arising out of and/or related to the actions of Client's or Client's guests.
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Kit Kight in connection with the Services will be the exclusive property of Kit Kight. Upon request, Client will execute all documents necessary to confirm or perfect the exclusive ownership of Kit Kight to the Work Product.
CONFIDENTIALITY. Kit Kight, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Kit Kight, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Client. Kit Kight and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement. Any oral or written waiver by the Client of these confidentiality obligations which allows Kit Kight to disclose Client’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
DEFAULT. The occurrence of any of the following shall constitute a material default under these Terms:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in these Terms.
FORCE MAJEURE. If performance of the Services or any obligation under these Terms is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
ENTIRE AGREEMENT. These Terms contain the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of these Terms. These Terms supersede any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of these Terms will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
GOVERNING LAW. These Terms shall be construed in accordance with the laws of the State of New York.
NOTICE. Any notice or communication required or permitted under these Terms shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of these Terms, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.
CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
Thank you very much for considering the services of Kit Kight Humanist Services, LLC ("Kit Kight")("Celebrant")("Minister")("Officiant"), a single-member LLC owned by Mr. Kight. Kit Kight is offering these services to you ("Client") conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your payment of a deposit towards or fee for such services constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
DESCRIPTION OF SERVICES. Upon the payment by the client of either a deposit or fee as described in an invoice sent by Kit Kight via email to the Client, Kit Kight hereby agrees to render Officiant or Pastoral Services ("Services") for Client at the date, time and location as specified in the Invoice.
SCHEDULE. The "Start Time" listed in the Invoice shall be considered the actual Event Start Time and not Guest "Arrival" or "Invitation" time. Client agrees that the Event shall begin within fifteen (15) minutes of the "Ceremony Start Time" as specified in the Invoice.
CHANGES. Changes to this Agreement including, but not limited to the date, time, and/or location of the Event must be communicated in writing by Client and approved by Minister in writing before it is confirmed.
FEES AND DEPOSIT. A non-refundable deposit as described in the Invoice is to be paid before Minister will commence services. The full balance of any unpaid fees including ceremony fees, rehearsal fee, if applicable, and/or travel fees, if applicable, shall be received by Officiant seven (7) days prior to the start of the Event, unless a same-day payment is specified in the Invoice. If Client fails to remit payment as specified, Minister shall have the right to immediately terminate this Agreement without further obligation to refund money, including the aforementioned deposit, or to perform services at the Event.
Deposit is transferable to another date and time as long as Client requests change in writing at least seven (7) days prior to the Event date and Officiant is available. If Officiant is not available at the new date and/or time, all fees in excess of the Deposit will be refunded upon request from Client.
Client shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, Officiant has the option to treat such failure to pay as a material breach of these Terms, and may cancel the Services and/or seek legal remedies.
ADDITIONAL FEES. If the Event location (the "Venue") charges a fee for parking, Client is responsible to have Officiant's parking fee validated or provide cash to cover the parking fee.
FORMS OF PAYMENTS. Deposit may be made electronically via PAYPAL (no extra fees for using PayPal) or by CASH or CHECK. Payments by Client other than the Deposit shall be made by PAYPAL, CASH, or CHECK. Checks shall be payable to R. C. Kight with "Kit Kight Humanist Celebrant" in the notes.
CANCELLATION AND REFUNDS. Cancellations must be communicated in writing. If written notice of Cancellation of Services is provided by Client at least seven (7) days prior to the Event date, all fees paid in excess of the Deposit will be refunded. If written notice of Cancellation of Services is provided by Client less than seven (7) days prior to the Event date, Client shall be responsible for full payment of Services, except for travel fees, if applicable. If written notice of Cancellation of Services is not provided by Client, Client shall be responsible for full payment of Services, including travel fees, if applicable. If written notice of Cancellation of Services is provided by Client, Officiant shall be released to make commercially reasonable attempts to re-book the date and time of the Event. In the unlikely event that the Officiant is unable to perform the ceremony for unforeseen circumstances (i.e. hospitalization, automobile accident, and/or transportation breakdown, etc.), Officiant shall be allowed to make reasonable attempts to provide a replacement Officiant at no additional cost to Client. In event Officiant must cancel this Agreement for Services, Client shall be refunded the full fees paid for the Services.
MARRIAGE LICENSE. If the Event is a wedding, it is the Client's responsibility to acquire a valid marriage license, if applicable, in the state where the Event will take place and have the marriage license at the Event when the Services are rendered. Client agrees that failure to have a valid marriage license at the time of the Event means that the Officiant cannot legally perform the ceremony. If Client fails to have a valid marriage license as specified, Officiant shall have the right to immediately terminate this Agreement without further obligation to refund money, including the aforementioned deposit, or to perform services at the Event. If Client presents a Public Marriage License at least two witnesses must be present at the Event. Officiant will complete and sign the marriage license on the day of the Event and will return the completed marriage license by United States Postal Service First-Class mail or equivalent within two (2) business days to the county recorder of the county in which the license was issued. Client will not automatically receive a certified copy of their marriage license unless they request and pay for a certified copy from the County Clerk or County Recorder. In the event, the marriage license is not received by the county recorder; Officiant will cooperate with the Client and county recorder to resolve the issue. Cost for replacement license, if any, will be assumed by the Client. For privacy reasons, Officiant does not maintain copies of the marriage license.
ADDITIONAL TERMS. If the Event includes a sand ceremony, unity candle, flower ceremony and/or any other special feature, Client is responsible for furnishing all equipment needed to perform such feature(s).
IMAGE RELEASE. Client agrees that Kit Kight may use any images and stories from the Event for any means of promotion, including advertising and display on websites or blogs, unless otherwise stated by Client. Clients waive any right to payment, royalties or any other consideration for the use of the images or stories.
INJURY/LOSS BY GUESTS. Officiant assumes no responsibility for injury, damages or losses incurred by the Client or event attendees. Officiant also assumes no responsibility for any food, beverage, floral arrangements, decorative items, either personal or professional, brought by anyone prior to, during, or after the Event. Client agrees to be responsible for all guests and attendees at the event and the acts of the guests and attendees. Client agrees to pay for any and all injury or damages arising out of the event, except to the extent of any negligence or misconduct by Officiant.
LIMITATION OF LIABILITY. Clients agree that to the fullest extent permitted by law, Officiant shall not be liable for any claims for emotional distress, mental anguish, consequential damages, lost profit, loss of enjoyment, lost revenues, replacement costs, compensatory damages and/or punitive damages, whether or not foreseeable and/or arising from any negligent act or omission on the part of any person. Officiant's liability for any claim, breach or damage by reason of any act or omission shall be limited to repayment of sums paid by Clients only.
INDEMNITY. Clients agree to indemnify, defend and hold harmless Officiant and its employees, agents, independent contractors, officers, directors, members and/or managers for any injury, property damage, liability, claim or other cause of action arising out of and/or related to the actions of Client's or Client's guests.
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Kit Kight in connection with the Services will be the exclusive property of Kit Kight. Upon request, Client will execute all documents necessary to confirm or perfect the exclusive ownership of Kit Kight to the Work Product.
CONFIDENTIALITY. Kit Kight, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Kit Kight, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Client. Kit Kight and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement. Any oral or written waiver by the Client of these confidentiality obligations which allows Kit Kight to disclose Client’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
DEFAULT. The occurrence of any of the following shall constitute a material default under these Terms:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in these Terms.
FORCE MAJEURE. If performance of the Services or any obligation under these Terms is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
ENTIRE AGREEMENT. These Terms contain the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of these Terms. These Terms supersede any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of these Terms will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
GOVERNING LAW. These Terms shall be construed in accordance with the laws of the State of New York.
NOTICE. Any notice or communication required or permitted under these Terms shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of these Terms, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.
CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
Terms and Conditions for www.kitkight.org
Agreement between user and www.kitkight.org
Welcome to www.kitkight.org. The www.kitkight.org website (the "Site") is comprised of various web pages operated by Kit Kight Humanist Celebrant, LLC ("Kit Kight, Humanist Celebrant"). www.kitkight.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.kitkight.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.kitkight.org is a Wedding Officiant and Community Building Site
To offer Officiant services as a Humanist Minister and to support the development of cross-boundary communities through the promotion of virtue ethics as seen through the lens of a religious humanism.
Electronic Communications
Visiting www.kitkight.org or sending emails to Kit Kight, Humanist Celebrant constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Kit Kight, Humanist Celebrant does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.kitkight.org only with permission of a parent or guardian.
Links to third party sites/Third party services
www.kitkight.org may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Kit Kight, Humanist Celebrant and Kit Kight, Humanist Celebrant 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. Kit Kight, Humanist Celebrant is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kit Kight, Humanist Celebrant of the site or any association with its operators.
Certain services made available via www.kitkight.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.kitkight.org domain, you hereby acknowledge and consent that Kit Kight, Humanist Celebrant may share such information and data with any third party with whom Kit Kight, Humanist Celebrant has a contractual relationship to provide the requested product, service or functionality on behalf of www.kitkight.org users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.kitkight.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Kit Kight, Humanist Celebrant 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 content 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 Kit Kight, Humanist Celebrant 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 thereto.
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. Kit Kight, Humanist Celebrant 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 Kit Kight, Humanist Celebrant 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 Kit Kight, Humanist Celebrant or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Kit Kight, Humanist Celebrant 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 Kit Kight, Humanist Celebrant Content accessed through www.kitkight.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Kit Kight, Humanist Celebrant, 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 of 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. Kit Kight, Humanist Celebrant 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 Kit Kight, Humanist Celebrant in asserting any available defenses.
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 arbitrators award shall be final, and judgment 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 and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly 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 provision 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 arbitrations 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 Employer 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. KIT KIGHT HUMANIST CELEBRANT, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KIT KIGHT HUMANIST CELEBRANT, 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. KIT KIGHT HUMANIST CELEBRANT, 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 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIT KIGHT HUMANIST CELEBRANT, 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 KIT KIGHT HUMANIST CELEBRANT, 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 restriction
Kit Kight, Humanist Celebrant 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 New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York 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 Kit Kight, Humanist Celebrant as a result of this agreement or use of the Site. Kit Kight, Humanist Celebrant's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kit Kight, Humanist Celebrant'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 Kit Kight, Humanist Celebrant 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 provision will be deemed superseded by a valid, enforceable provision that most closely 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 Kit Kight, Humanist Celebrant with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kit Kight, Humanist Celebrant 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 as 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
Kit Kight, Humanist Celebrant reserves the right, in its sole discretion, to change the Terms under which www.kitkight.org is offered. The most current version of the Terms will supersede all previous versions. Kit Kight, Humanist Celebrant encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Kit Kight, Humanist Celebrant welcomes your questions or comments regarding the Terms:
Kit Kight Humanist Celebrant, LLC
218 Woods Road
Syracuse, New York 13209
Email Address: Provided with Invoices. Please use the Contact page to begin communication.
Effective as of January 01, 2017
Welcome to www.kitkight.org. The www.kitkight.org website (the "Site") is comprised of various web pages operated by Kit Kight Humanist Celebrant, LLC ("Kit Kight, Humanist Celebrant"). www.kitkight.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.kitkight.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.kitkight.org is a Wedding Officiant and Community Building Site
To offer Officiant services as a Humanist Minister and to support the development of cross-boundary communities through the promotion of virtue ethics as seen through the lens of a religious humanism.
Electronic Communications
Visiting www.kitkight.org or sending emails to Kit Kight, Humanist Celebrant constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Kit Kight, Humanist Celebrant does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.kitkight.org only with permission of a parent or guardian.
Links to third party sites/Third party services
www.kitkight.org may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Kit Kight, Humanist Celebrant and Kit Kight, Humanist Celebrant 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. Kit Kight, Humanist Celebrant is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kit Kight, Humanist Celebrant of the site or any association with its operators.
Certain services made available via www.kitkight.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.kitkight.org domain, you hereby acknowledge and consent that Kit Kight, Humanist Celebrant may share such information and data with any third party with whom Kit Kight, Humanist Celebrant has a contractual relationship to provide the requested product, service or functionality on behalf of www.kitkight.org users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.kitkight.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Kit Kight, Humanist Celebrant 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 content 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 Kit Kight, Humanist Celebrant 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 thereto.
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. Kit Kight, Humanist Celebrant 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 Kit Kight, Humanist Celebrant 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 Kit Kight, Humanist Celebrant or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Kit Kight, Humanist Celebrant 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 Kit Kight, Humanist Celebrant Content accessed through www.kitkight.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Kit Kight, Humanist Celebrant, 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 of 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. Kit Kight, Humanist Celebrant 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 Kit Kight, Humanist Celebrant in asserting any available defenses.
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 arbitrators award shall be final, and judgment 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 and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly 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 provision 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 arbitrations 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 Employer 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. KIT KIGHT HUMANIST CELEBRANT, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KIT KIGHT HUMANIST CELEBRANT, 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. KIT KIGHT HUMANIST CELEBRANT, 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 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIT KIGHT HUMANIST CELEBRANT, 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 KIT KIGHT HUMANIST CELEBRANT, 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 restriction
Kit Kight, Humanist Celebrant 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 New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York 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 Kit Kight, Humanist Celebrant as a result of this agreement or use of the Site. Kit Kight, Humanist Celebrant's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kit Kight, Humanist Celebrant'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 Kit Kight, Humanist Celebrant 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 provision will be deemed superseded by a valid, enforceable provision that most closely 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 Kit Kight, Humanist Celebrant with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kit Kight, Humanist Celebrant 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 as 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
Kit Kight, Humanist Celebrant reserves the right, in its sole discretion, to change the Terms under which www.kitkight.org is offered. The most current version of the Terms will supersede all previous versions. Kit Kight, Humanist Celebrant encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Kit Kight, Humanist Celebrant welcomes your questions or comments regarding the Terms:
Kit Kight Humanist Celebrant, LLC
218 Woods Road
Syracuse, New York 13209
Email Address: Provided with Invoices. Please use the Contact page to begin communication.
Effective as of January 01, 2017
