Thank you for visiting this Web site (the "Site"), which is provided by KATHRYN New York ("KATHRYN New York", "we", "our", or "us").
By using the Site, you agree to be bound by our Terms and Conditions, and acknowledge that any other agreements between you and us are hereby superseded with respect to the subject matter of these Terms and Conditions. If you do not agree to and accept these Terms and Conditions, you are not authorized to use the Site, and you must exit the Site.
We may revise these Terms and Conditions from time to time and without notice. The revised Terms and Conditions will take effect as of the date of posting. You are bound by any such revisions and, therefore, you should visit this page periodically to review the current Terms and Conditions. For your convenience, the date of the last update to the Terms and Conditions appears at the bottom of this document.
OWNERSHIP OF CONTENT AND TRADEMARKS
Our Site provides information about our company and the products and services we offer. The Site and all of its content, including, without limitation, all text, images, photographs, illustrations, icons, video clips, audio clips, written and other materials (collectively, the "Content") is owned and copyrighted by us or licensed to us by third parties. The trademarks of others that may be referenced in this Site are used for identification purposes only. Except as provided in these Terms and Conditions, your use of any Content or trademarks without the written permission of the relevant Content or trademark owner is strictly prohibited. We will aggressively enforce our intellectual property rights to the fullest extent of the law, which may include seeking criminal prosecution. Nothing contained in this Site should be construed as granting by implication, estoppels, or otherwise, any license or right to use any trademarks displayed on this Site without our prior written permission.
LIMITED RIGHT TO USE THIS SITE
You may access the Content solely for your noncommercial, personal use, provided that you do not modify, delete or change any copyright, trademark, or other proprietary notices on or relating to the Content. No licenses or rights in the Content, expressed or implied, are granted by these Terms and Conditions, which rights are hereby reserved.
Except as set forth above, you may not sell, reproduce, distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from or based on, transfer, sell, publicly perform, report or otherwise use Content without KATHRYN New York's prior written permission. Publishing or reproducing includes any uploading, downloading or accessing information on this Site onto the internet or any other local or international computer system.
To a limited extent, you are permitted to post or upload information or data to the Site. However, you are prohibited from using the Site to post or transmit an infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to a civil liability, violate any law or otherwise violate the rights of any person or company.
You are prohibited from using the Site to advertise or perform any commercial solicitation.
If you violate any of these terms, your permission to use this Site and the Content will automatically terminate and you must immediately destroy any and all copies you have made of the Content.
Some products that we sell may appear smaller or larger than their image displayed on the Site. The color and size of the display of a product may vary depending on the type of computer monitor you use and its settings.
PRODUCT PRICING FOR ON-LINE PURCHASES FROM THIS SITE
Our prices are subject to change without notice. We do not negotiate prices on products we offer through the Site. We use our best efforts to ensure that the information on the Site and the price of our products are displayed accurately. However, some system or typographical errors may occur. We reserve the right to correct any and all errors on our website, including pricing errors. We do not honor inaccurate or erroneous prices. If you have any questions, please contact us at 1-833-254-6530 or firstname.lastname@example.org. We apologize for any inconvenience this may cause.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL THE CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS-IS" "WHERE-IS" "AS AVAILABLE" AND WITH "ALL FAULTS" AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, OR ACCURACY, RELIABILITY AND TIMELESSNESS. NOTWITHSTANDING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR FREE FROM VIRUSES OR OTHER POSSIBLE HARMFUL ELEMENTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER KATHRYN NEW YORK (NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES), OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OR AGENTS ARE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA. YOU AGREE THAT NONE OF THE KATHRYN NEW YORK GROUP SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THIRD PARTY CONTENT
This Site may offer you links to other web sites that are owned or operated by third parties that are not related to us. Such links are provided for your convenience only. If you link to any of these sites, you do so at your own risk. We do not control, and are not responsible for, the content or privacy practices of such sites. The inclusion of any link to such sites does not imply our endorsement of such sites or any products or services available on such sites.
We may terminate your use of the Site for any reason, in our sole discretion, with or without notice to you. You agree that we may modify or discontinue this Site, with or without notice to you, and that we will not be liable to you or any third party as a result of such modification or discontinuation. The provisions of these Terms and Conditions shall survive any such termination.
You represent and warrant that you are at least eighteen years of age. You warrant that you will use this Site in accordance with these Terms and Conditions and all applicable laws and regulations.
KATHRYN NEW YORK POLICY ON UNSOLICITED IDEA SUBMISSIONS
Neither KATHRYN New York nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing plans, new product names, new promotions, new or improved products or technologies, product designs, enhancements, processes or materials. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("submissions") in any form to KATHRYN New York or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when KATHRYN New York's products, designs, advertising or marketing strategies might seem similar to ideas submitted to KATHRYN New York. KATHRYN New York depends on its employees and consultants for ideas involving new designs, products and improvements to existing products, advertising, promotion and marketing strategies. These employees and consultants have firmly-established legal relationships with KATHRYN New York. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter, email or call says, the following terms shall apply to your submissions.
TERMS OF IDEA SUBMISSION
You agree that: (1) your submissions and their contents will automatically become the property of KATHRYN New York, without any compensation to you; (2) KATHRYN New York may use, modify or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for KATHRYN New York to review the submission; and (4) there is no obligation to keep any submissions confidential.
We make no representation that the Content is appropriate or available for use in every country of the world. You are solely responsible for compliance with applicable local laws. Although our products are available in many parts of the world, this Site may describe products that are not available worldwide.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law provisions. You agree that the state and federal courts of the State of Delaware shall have sole and exclusive jurisdiction over any action at law or in equity arising from your use of the Site, these Terms and Conditions, or any purchase from this Site and you irrevocably and unconditionally consent and submit to the sole and exclusive jurisdiction of such courts.
Our waiver of a breach of any provision of these Terms and Conditions shall not operate to be interpreted as a waiver of any other or subsequent breach. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be prohibited or unenforceable, such provision shall be ineffective to the extent of such prohibition or unenforceability without invalidating any remaining provisions of these Terms and Conditions or rendering such provision unenforceable in any other jurisdiction.
Last Updated: February 2019
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