Last updated: January 27, 2021

Welcome to Kelly-mahler.com. Kelly-mahler.com Services and/or its affiliates (“Mahler”) provide website features and other products and services to you when you visit or shop at kelly-mahler.com and use Mahler’s products or services, (collectively, “Mahler Services”). Mahler provides the Mahler Services subject to the following conditions.

By using Mahler Services, you agree to these conditions. Please read them carefully.

We offer a range of Mahler Services, and sometimes additional terms may apply. When you use a Mahler Service (for example, Your Account or Live Online Courses or Digital Resources) you also will be subject to the guidelines, terms, and agreements applicable to that Mahler Service (“Terms or Use”). If these Conditions of Use are inconsistent with the Terms of Use, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Mahler Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Mahler Services, or send e-mails, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Mahler Service, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, and data compilations is the property of Mahler and protected by United States and international copyright laws. The compilation of all content included in or made available through any Mahler Service is the exclusive property of Mahler and protected by U.S. and international copyright laws.

TRADEMARKS

Any graphics, logos, page headers, button icons, scripts, products and service names included in or made available through any Mahler Service are trademarks or trade dress of Mahler in the U.S. and other countries. Mahler’s trade dress may not be used in connection with any product or service that is not Mahler’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mahler.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Mahler or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Mahler Services. This license does not include any resale or commercial use of any Mahler Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Mahler Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Mahler. No Mahler Service, nor any part of any Mahler Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mahler. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mahler without express written consent. You may not misuse the Mahler Services. You may use the Mahler Services only as permitted by law. The licenses granted by Mahler terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Mahler account to use certain Mahler Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.  By creating an account with Mahler, you warrant that you and any user under your account will refrain from unauthorized and unlawful activity, abusive conduct, prohibited use, and illegal conduct.  Mahler does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Mahler Services only with involvement of a parent or legal guardian. Mahler reserves the right to refuse service, terminate accounts, terminate your rights to use Mahler Services, remove or edit content, or cancel orders in its sole discretion.

LIMITED LIABILITY

Mahler is a Limited Liability Company.  Mahler is not liable for any damages arising from actions beyond its control, actions Mahler is not directly involved in, and actions arising from the use of this website.  Any and all alleged damages are limited to the amount an authorized user has paid for the specific services purchased via this website.

WARRANTY

This website is offered “AS IS,” meaning you use and accept it in its current condition, including unseen faults.  The information provided on the Mahler website is for general information purposes only.  All information of the site is provided in good faith, however, Mahler makes no representation of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the site.  Mahler cannot be held responsible for any mistakes or otherwise unintentional errors/omissions in the content of the website.

RISK OF LOSS

All purchases of physical items from Mahler are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

DISPUTES

In the event of any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible.  The parties shall, without delay, continue to perform their respective obligations under their respective terms of use, which are not affected by the dispute.  In the event the parties cannot by exercise of their best efforts resolve the dispute, they shall submit the dispute to mediation by an agreed-upon arbitrator.

APPLICABLE LAW

By using any Mahler Service, you agree that all matters relating to your access to or use of the site, including all disputes, will be governed by the laws of the state of Pennsylvania, without regard to principles of conflict of laws provisions.  You agree to the personal jurisdiction by and venue in the state and federal courts in Dauphin County, Pennsylvania, and waive any objection to such jurisdiction and venue.