Terms & Conditions


TERMS AND CONDITIONS OF USE

Welcome to the Kristin Pasternak Fine Jewelry website (KPLLC.) By using this Site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (“Terms and Conditions of Use”). Kristin Pasternak Fine Jewelry (KPLLC) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions of Use at any time. By continuing to use this Site after such changes are posted, you agree to be bound by modifications, alterations and/or updates.


DISCLAIMER

THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, KPLLC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. KPLLC DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE OR SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

KPLLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE OR SERVICES. YOU (AND NOT KPLLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY

IN NO EVENT WILL KPLLC, ITS OFFICERS, DIRECTORS, MEMBERS EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE OR SERVICES, EVEN IF KPLLC OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KPLLC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


INDEMNIFICATION

You agree to indemnify KPLLC and its officers, directors, members, employees, agents, distributors, partners and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney fees that arise from your use or misuse of this Site.


USE OUTSIDE THE UNITED STATES

KPLLC makes no representation that materials at this Site are appropriate or available for use at locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the materials in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.


PROVISIONS UNENFORCEABLE

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.


COPYRIGHTS AND TRADEMARKS

All materials contained in this Web Site and the Services are the copyrighted property of KPLLC and its affiliates or licensors. As between KPLLC and you, KPLLC is the sole owner of all content on the Web Site and the Services, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site, the Services or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.


LINKED SITES

This Site may contain links to other Sites on the Internet that are operated by third parties (“Linked Sites”). KPLLC is not responsible for the content, advertising, products, or other materials made available on or through any Linked Site. Further, the presence of a Linked Site does not constitute an endorsement by KPLLC of the content of the Linked Site, nor any association with its operators. The links to these Sites are for your convenience only, and you access them at your own risk. KPLLC shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with such Linked Sites.

KPLLC welcomes links to this Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of your Site by KPLLC, or by any group or individual affiliated with KPLLC, and your Web Site does not contain content that is distasteful, offensive and/or controversial. Your Web Site must comply with all applicable laws and regulations. You may not use on your Site any logos, trademarks, service marks, or copyrighted materials appearing on this Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Site the content or other materials on this Site without prior written consent.


PRIVACY POLICY

KPLLC respects your privacy, and we assure you that we take the protection of your personal information very seriously. “Personal information” means information that identifies you personally, such as, your name, address, e-mail address, or phone number. We will only use the personal information you provide to us for the specific, limited purpose for which such information was requested. The information collected from you in connection with an order includes your name, address, city, state, zip code, country, and e-mail address. This information may be used to send a newsletter and/or promotional offerings to you or other informative information to you in the event that you choose to select a box that indicates that you wish to receive the latest news and information about KPLLC products. KPLLC may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: ( a ) conform to the edicts of the law or comply with legal process served on KPLLC or the site; ( b ) protect and defend the rights or property of KPLLC, including its Web site; or ( c ) act under exigent circumstances to protect the personal safety of users of KPLLC or the public. While KPLLC will comply in the event that law requires a disclosure of information submitted to our Site, KPLLC does not sell, trade, or rent your personal information to outside parties. KPLLC may share information about our users, traffic patterns, and related Site information, in aggregate form, with reputable third-party affiliates and vendors, but these statistics will include no individually identifying information.


IF YOU NEED TO UPDATE YOUR PERSONAL INFORMATION ON THE SITE

If any of the personal information you submitted to our Site is inaccurate, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it and we will use reasonable efforts in our control to correct that information.


HOW WE SECURE YOUR INFORMATION

Our Site has industry-standard measures in place to protect the loss, misuse and alteration of the information under our control. Personal information that you submit to our Site is stored for us internally on servers having managed firewall protection. Personal information that you submit to our Site is also stored for us by an authorized third party, Shopify, that facilitates the transmission of our order processing to those visitors placing orders. Shopify supports an industry standard 128 Bit SSL encrypted checkout to protect private data to protect the loss, misuse, and/or alteration of the information under its control. KPLLC is not responsible for any breaches in security experienced by Shopify. We encourage you to contact Shopify at www.shopify.com if you have questions regarding the security that it provides with regard to your personal information.