Terms and Conditions of Use of this Website
This Site contains verbal descriptions of a sexually oriented and erotic nature. This Site was designed to be used and viewed solely by people who are at least 18 years of age (or such higher age as may be or required by the community in which they live), who wish to access materials that are visually graphic in nature including portrayals of nudity and sexual acts. If you are not 18, or find such material offensive in nature, or simply do not wish to be exposed to such materials YOU MUST LEAVE NOW.
By entering this Site, you agree that you have read, understand, and agree to these Terms and Conditions of Use, and agree expressly to be bound by them. If you do not agree to any part of these Terms and Conditions of Use, YOU MUST LEAVE NOW.
Before you enter this Site you must read and agree to be bound by these Terms and Conditions of Use. By entering any portion of the Site you are agreeing to be bound by these Terms and Conditions of Use. Each time you enter any portion of the Site, you are agreeing to be bound by these Terms & Conditions of Use. Should you disagree with any of these Terms & Conditions of Use, YOU MUST LEAVE NOW.
"Bookmarking" means the act of placing a URL into a temporary file on the Guests' browser so that the Guest may return to that page at a future date directly. "Guest" or "You" means an individual who browses and views those portions of the Site. "Site" means this internet website which you are viewing, operated Operator.
"Operator" or "Us" means Catherine R. Toyooka.
1. Services - Operator provides words and images about many forms of sexuality and promotes sexually explicit products for consumers who wish to be so informed and updated, and who have specifically agreed to be informed and updated on our products, subject to the Terms & Conditions of Use.
2. Bookmarking - Guest agrees that at no time will they configure their computer and software to "bookmark" any page to the Site in such a way that would allow the Guest to bypass either the Terms and Conditions of Use page or the Enter/Exit page of the Site upon subsequent entries to the Site. If such a bookmark exists, Guest is hereby notified that use of said bookmark will constitute full agreement to all of the Terms and Conditions of Use of the Site, including admission that Guest is of legal age as determined by their state, country or region, and that they will not show, or allow this material to be shown to minors.
3. Authorization of Use - Guests to the Site are hereby authorized a single license to download, copy, or print material found on the Site. This license shall granted for sole use via one computer. All material is provided for personal use and shall not be used for any commercial purposes or by any commercial entities. Commercial use of either the Site or any material found within is strictly prohibited. No material within the Site may be transferred to any other person or entity, whether commercial or non-commercial. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Operator and the Site reserve the right to terminate this license upon notice to you. This license will also be automatically terminated in the event of any material breach by Guest of the Terms and Conditions of Use are breached. In the case of any such termination, Guest agrees to immediately destroy any information or material printed, downloaded or otherwise copied from the Site.
4. Sanction and Approval of Adult Material - This Site was designed to be used and viewed solely by people who are at least 18 years of age (or such higher age as may be or required by the community in which they live), who wish to access visual images, audio sounds, and verbal descriptions of a sexually oriented and erotic nature. Materials available within this Site may include depictions that are visually graphic in nature and portrayals of nudity or sexual acts and should not be accessed be anyone who is not at least 18 years of age (or such higher age as may be or required by the community in which they live), by anyone who finds such material offensive in nature, or by anyone who simply does not wish to be exposed to such materials.
By entering the Site you are implicitly making the following statements: "I represent and warrant that, under penalty of Perjury, that I am at least 18 years of age (or such higher age as may be or required by the community in I they live), and I am legally considered an adult as determined by the community in which I live. I will not permit any persons under the age of 18 years or anyone who is not legally considered an adult as determined by the community in which they live, to view or access in any way any materials found on this Site. I understand that by accessing this Site, I will be exposed to materials that may include but are not limited to, visual images, audio sounds, and verbal descriptions of a sexually oriented and erotic nature, portrayals of nudity, and sexual acts. I affirm that I am not offended by such materials, and that such materials are legal in my community. I am volunteering to view, hear, and access such materials on my own volition, and I choose to do so because I want to view/read/hear or otherwise access such materials for my own enjoyment, information or entertainment. My choice is a manifestation of my interest in such matters, which is healthy and normal, and is also held by most adults in my area. I am completely familiar with the standards held in my community, and the material I expect to access in this Site fall within these standards. In my experience, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults. Adults in my community will accept the standards displayed within this Site, and will not find any of the material patently offensive."
5. Trademarks - Trademarks and service marks featured on the Site are displayed pursuant to licenses obtained from the owners and/or holders of those trademarks and service marks, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
6. Copyrights - All materials on the Site are protected by Federal copyright and are protected under treaty provisions and worldwide copyright laws. Materials contained in any part of the Site may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the written permission of Operator, except as expressly stated in the Limited License provision in these Terms and Conditions of Use. Operator does not grant any express or implied right to you under any of his trademarks, service marks, copyrights or other proprietary information.
7. Links to the Site - You may obtain written or emailed permission from Operator in order to establish a hypertext "link" to this Site. A reciprocal link to your site is not guaranteed.
8. Links to Third Party Sites - Requests to link to your site are reviewed on a case by case basis, and will require a reciprocal link to our Site. Operator reserves the right to remove your link without prior notice. This Site contains links to other websites which are controlled by third parties. Those linked sites are not under the control of Operator and therefore you agree that Operator has no responsibility for those websites or their contents, and does not necessarily endorse, any material found on any linked site, or sites that may link from those sites.
9. Communications Not Private - Operator does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted electronically to Operator shall be deemed to be readily accessible to the general public, unless you are otherwise notified by Operator. Visitors should not use the Site to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into the Site can and may be read by the operators of this service, regardless of whether or not the Operator is the intended recipients of such messages. This does not apply to the online store, which is secure, and the transmission of personal information and credit card information is secure.
11. Re-Selling of Information- We do not, and will not, distribute, rent or sell any personally identifiable information to third parties without your express consent, other than as necessary to process orders you may have made for products purchased from this Site.
12. Disclaimer - THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. OPERATOR OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. OPERATOR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS SITE. OPERATOR MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE. OPERATOR MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE OR THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OPERATOR'S LIABILITY FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, MATERIAL OR INFORMATION, EXCEED THE GREATER OF $100 OR AMOUNTS PAID BY YOU TO US IN THE 12 MONTHS PRECEDING SUCH CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Severability - If any provision of these Terms and Conditions of Use shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any part of these Terms and Conditions of Use is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. Jurisdiction and Venue - This Site is controlled and operated by Operator and its representatives from their offices in Palo Alto, California in the United States of America. They make no representation that the materials available on this Site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. The provisions of these Terms and Conditions of Use are governed and construed by California law. In the event of a dispute arising out of or relating to the Terms and Conditions of Use or your use of or access to the Site, you agree to only bring any action or proceeding in a state or federal court located in Santa Clara County, California, and you irrevocably submits to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by Operator.
15. Notice - Notices by the Site to Guests may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional mail. Notices by Guests may be given by electronic mail or conventional mail. All questions, complaints, or notices regarding the Site or these Terms and Conditions of Use must be directed to Operator. See below for contact information.
16. Contact Information - Questions and comments to Operator regarding this Site must be directed to: Catherine@catherinecoaches.com or Catherine R. Toyooka, 2225 E. Bayshore Road, Suite 200, Palo Alto, CA. 94303.
17. Amendments - Operator can amend these Terms and Conditions of Use at any time upon posting such amended Terms and Conditions of Use to the Site. Should you disagree with any such amended Terms and Conditions of Use you agree to cease using the Site.
18. Miscellaneous - These Terms and Conditions of Use make up the entire agreement between the parties regarding this Site, and supersedes any prior agreements. If we fail to enforce any of the terms of this Terms and Conditions of Use, it will not be considered a waiver. Nothing in these Terms and Conditions of Use shall prevent us from complying with the law. These Terms and Conditions of Use do not confer any third party beneficiary rights.
All material contained in this Site is Copyright 2009 - 2013. All rights reserved worldwide.