Terms and Conditions
Information We Collect
Personally Identifiable Information – Personally identifiable information is collected if you submit it voluntarily as part of a request or other communication you choose to send.
Use of Information
Personally identifiable information will be used to contact you, respond to your inquires or fulfill your orders. We may also use your personally identifiable information to keep you informed of new releases, products or services, promotions or other offers, to provide information on how to use our products, to improve the Site and to otherwise improve the services we provide you.
We may monitor IP addresses and other behavioral information for security purposes, Site administration, trend analysis, to prevent fraud, troubleshoot problems and/or improve our services. The IP address of the computer you use to access this Site is not linked to any personal information you provide on this Site.
How We Share Your Information
We may engage third party agents to perform certain functions necessary to provide our services to you. Examples include fulfilling orders, sending e-mail, website analysis, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. They may have access to personally identifiable information needed to perform their functions, but may not use it for their own purposes, such as sending you marketing offers about their products.
We are focused on efforts to preserve the security and integrity of our visitors’ personally identifiable information. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask that you do no share your password with anyone. The nature of the Internet, however, is such that no guarantee can be made that any information is absolutely secure. We have employed appropriate procedures and security features to guard against unauthorized or unintentional use or disclosure. Though we will take these steps to safeguard your information, we cannot eliminate all security and privacy risks inherent in Internet use. You acknowledge awareness of and accept such risks, including, but not limited to, the limitations of security and authentication measures and the chance that any information transferred via the Site may be susceptible to eavesdropping, hacking and other security hazards or misappropriation. We will not be liable for damages of any kind associated with these security risks.
Links to Third Party Websites
Our website may contain links to other third party websites and applications. We are not responsible for the privacy practices of these parties, their websites or applications. We do not review or control such websites and suggest that you review these third party privacy policies before using the links, websites or associated applications.
We do not knowingly collect, use or disclose information from or about a child under the age of thirteen (13) without first obtaining verifiable consent from that child's parent or guardian, including consent to any material change in the collection, use or disclosure practices to which the parent or guardian has previously consented.
Correcting/Updating Personal Information; Questions
Effective September 1, 2016
If you do not agree to these Terms, you may not use the Site or any products or services provided on the Site. We reserve the right to revise these Terms at any time by updating this posting and you are responsible for reviewing these Terms from time to time to become aware of any changes. Any revisions to these Terms shall be effective immediately upon posting.
Our Shipping, Cancellation, Return and Refund Policy is available at www.kerrirosenthal/returns
As a condition of your access to and use of the Site, you represent and warrant that:
- You are of legal age to form a binding contract with us;
- You have not and will not provide false information or impersonate another person in your use of the Site;
- You will only use your own user name, email address, password and other information to access any secured portion of the Site;
- You will maintain the confidentiality of your user name, email address and password at all times;
- You will not assist anyone in gaining unauthorized access to the Site;
- You will only attempt to access the areas of the Site which you have been authorized to access; and
- You will notify us if you are aware of any unauthorized use of your user name, email address or password in an attempt to access the Site.
Code of Conduct
By using the Site, you agree not to do any of the following:
- Reprint or electronically reproduce any content contained on the Site other than for personal use.
- Make use of any of our trademarks or service marks contained on the Site without our express written consent, which may be withheld in our sole discretion.
- Upload or transmit any communications or content of any kind that infringes or violates any rights of any party, including but not limited to, intellectual property, privacy and/or publicity rights.
- Use the Site for any purpose in violation of local, state, federal or international laws or regulations.
- Use the Site to distribute advertising or other unsolicited material.
- Post any material that we, in our sole discretion, deem unlawful, obscene, defamatory, threatening, harassing, hateful or embarrassing to any other person or entity or contrary to our business reputation and standards.
- Express or imply that any of your content is endorsed by us.
- Restrict or inhibit any other user from use and enjoyment of the Site, including, but not limited to, by means of hacking or defacing any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site.
- Engage in any other activity that we deem improper or abusive.
We reserve the right, but shall not be required, to monitor, edit or remove your (or any other) content from the Site without notice for any reason or no reason without your permission. We also reserve the right to terminate your account in our sole discretion.
We do not assume any responsibility for your content or any other content not produced by us on the Site. We may at any time and in our sole discretion screen, monitor, block, remove or otherwise exercise control over any of your content or anyone else’s content that we determine violates these Terms, including the Code of Conduct (above), any applicable law, or otherwise may expose us to civil or criminal liability or reflect poorly on us. In addition, we may permanently terminate your access to the Site in the event we determine that you caused any such violation. In no event shall such rights obligate us to exercise control over your content or anyone else’s content.
Authorized Use of Content
The Site, including all content thereon, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are owned by us, our suppliers, affiliates or licensors and are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses protected by U.S. and international intellectual property laws. You agree not to access the Site or use any content contained on the Site for any commercial purpose. You agree to maintain all copyright and other intellectual property notices included in any of our content that you copy.
You may not modify decompile, disassemble, decrypt, extract or otherwise reverse engineer any of our content, or create derivative works based upon all or part of the content.
We reserve all rights not expressly granted to you in these Terms and no additional rights are granted by implication, estoppel or otherwise.
Third Party Content
You agree that we do not endorse and that we are not responsible for any third party content appearing on the Site and that we shall have no liability for any such content, including content that is false, misleading, abusive, defamatory, obscene or that violates any local, state, federal or international law or regulation or any rights of another individual or entity.
You also agree that we are not responsible for the content of any other websites linked to the Site and that the inclusion of any link to such third party websites does not imply our endorsement of such websites. Your linking to any off-site pages or other websites is at your own risk.
From time to time there may be information on the Site, in an email to you or otherwise that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the U.S. We will endeavor to timely take down any product that becomes unavailable, but we cannot guarantee that a product depicted for sale will be available at the time you place an order. We have done our best to display as accurately as possible the colors and look of the products shown on the Site. However, because the colors and look of the products you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color or look will be accurate.
Disclaimers and Limitations on Liability
We do not warrant the accuracy of any information provided on the Site and such information is provided on an “as is” and “as available” basis. we make no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. you expressly agree that your use of this site is at your own risk.
to the fullest extent permissible by applicable law, we disclaim any and all warranties, express or implied, including but not limited to, any warranties of merchantability, fitness for a particular purpose or use, title or non-infringement, regarding any materials contained on or products offered for sale on the Site.
WE MAKE NO REPRESENTATIONS WITH RESPECT TO THE AVAILABILITY OF THE SITE AND DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
we assume no responsibility for any deletion, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of any information provided by you. we assume no responsibility for any problems or technical malfunctions of any wireless or wired telephone network, computer online systems, servers, or providers, computer equipment or software, including any injury or damage to your or any other person’s computer, related to or resulting from your access to or use of the site or downloading any materials from the site.
KERRI ROSENTHAL, LLC, ITS SUPPLIERS AND AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, ECONOMIC, EXEMPLARY AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.
KERRI ROSENTHAL, LLC IS NOT THE MANUFACTURER OF ANY PRODUCTS OFFERED ON THIS SITE. BY PURCHASING ANY PRODUCT ON THIS SITE, YOU AGREE THAT KERRI ROSENTHAL, LLC, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYESS, AGENTS, SUCCESSORS OR ASSIGNS SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH, ARISING FROM THE USE OR YOUR PURCHASE OF ANY PRODUCT ON THIS SITE.
in no event will our total liability to you for any and all damages, losses and causes of action arising out of or related to your use of the site exceed the amount paid by you for use of the site, regardless of the form of the claim or cause of action.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Release and Indemnity
You agree that neither we nor any of our members, officers, directors, employees, agents or service providers shall have any liability to you for claims related to your use of the Site or any use of the products sold on the Site and you hereby release us and our members, officers, directors, employees, agents or service providers from any and all such claims.
You agree to indemnify and hold us, our members, officers, directors, employees and agents harmless from any and all claims, liabilities, damages, and expenses (including attorneys’ fees) relating to your content and your use of the Site in violation of these Terms.
International Use – Consent to Processing
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
If you access the Site from locations outside the United States you agree that any information you provide to or though the Site may be processed in the United States.
If you believe your copyrighted work or trademark has been uploaded, posted or copied to the Site in a way that constitutes copyright or trademark infringement, please notify our designated agent at: Kerri Rosenthal, LLC, 1 Sconset Square, Westport CT 06880 Attn: Web Support. As soon as practical, we will investigate such claims and take appropriate action in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, et seq.
Any claims that material on the Site is defamatory or abusive towards you may be directed to the same contact.
Governing Law - These Terms shall be governed by and construed in accordance with the laws of Connecticut, without reference to any conflicts of law principles that would result in the application of the laws of another jurisdiction. You agree that any legal action or proceeding concerning your use of the Site shall be brought exclusively in a state or federal court located in Fairfield County, Connecticut, and you submit to the exclusive personal jurisdiction of such courts.
Assignment - We may assign our rights and delegate our duties under these Terms to any party at any time without notice to you or any third party.
No Implied Waiver – Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
Severability – The provisions of these Terms are severable. In the event that any court of competent jurisdiction determines that any provision is invalid or unenforceable, such validity and unenforceability shall not in any way affect the validity or unenforceability of the remaining provisions.
If you have any other questions concerning the Site or these Terms, please contact: Kerri Rosenthal, LLC 1 Sconset Square, Westport CT 06880, Attn: Web Support.