Privacy Policy

Thank you for visiting kwiat.com (the “Website”) and welcome to our website. The Website is operated on behalf of Kwiat Enterprises LLC (“Kwiat”) with executive offices at 555 Madison Avenue, New York, NY 10022. Telephone number: 212-223-1111. Your use of the Website and our use of any personal data you submit to us through the Website is subject to the Privacy Policy and Terms and Conditions of Website Use (the “Terms and Conditions”) that appear below. Please read both the Privacy Policy and the Terms and Conditions of Website Use carefully. By accessing or using the Website, you agree to Terms and Conditions and accept the Privacy Policy. If you do not agree to each of the Terms and Conditions or do not accept any provisions of the Privacy Policy then you are not authorized to, and may not, use the Website. If you breach any of the Terms and Conditions, your authorization to use the Website automatically terminates.

Please note that the Terms and Conditions and the Privacy Policy are subject to change at any time and without notice, so it is your responsibility to check for any changes. You can determine whether either the Privacy Policy or the Terms and Conditions have changed since your last visit by checking the “last revised” date at the beginning of each below. Your use of the website after changes have been made constitutes your acceptance of the Privacy Policy and Terms and Conditions as revised.

A hard copy of the Privacy Policy and the Terms and Conditions is available to you by printing them directly from the Website, by downloading them from the Website and then printing them or by contacting us to request a copy.

PRIVACY POLICY

(Last Revised: March 9, 2015)

By accessing and using this Website you give us your consent to process and use your personal data submitted through the Website in accordance with this Privacy Policy and agree to accept its terms.

Please read the Privacy Policy carefully. Kwiat recognizes the importance of protecting the privacy of your personal and financial information. We have instituted policies and security measures designed to protect your information.

In general, you can browse our Website without telling us who you are or revealing any personal information about yourself. At various times, you may decide to provide us with your personal information.

Automatic Collection of Your Information
Kwiat collects personal data from visitors to the Website who register their information or who use the online store. We also use cookies and other monitoring techniques (see more below) and track IP addresses so we can improve our services and enhance your Kwiat experience. Kwiat does not intentionally or knowingly collect personally identifiable information from anyone under the age of eighteen years.

IF YOU ARE UNDER EIGHTEEN YEARS OF AGE BUT OVER THIRTEEN, PLEASE ASK YOUR PARENTS TO REGISTER AND TO USE THE WEBSITE FOR YOU. PLEASE DO NOT SUBMIT ANY PERSONAL DETAILS. SEE OUR TERMS AND CONDITIONS OF USE FOR FURTHER INFORMATION. IF YOU ARE THIRTEEN YEARS OF AGE OR UNDER YOU ARE NOT AUTHORIZED TO USE THE WEBSITE AND YOU MAY NOT DO SO.

Cookies and Other Monitoring Techniques
Kwiat may collect data about your activities on our Website through cookies, web logs, web beacons (also known as pixel gifs or action tags). Cookies are small pieces of information that are stored by your browser on your computer’s hard drive to collect information about your activities on the Website. Web beacons are small strings of code placed on a web page or within an email for the purpose of transferring information. We may use cookies and web beacons, among other things, to ascertain which web pages are visited and how often; to make the Website more user friendly; to deliver our content or ads; to improve and measure usability; to track visits from our affiliates and partners; to ascertain performance and effectiveness of the Website; to improve and measure the effectiveness of our marketing programs; to learn how customers use the Website; to estimate our audience size; to deliver co-branded services; and to customize your shopping experience. Examples of the type of information that we collect through these collection devices, includes: total visitors to the website, pages viewed, unique visitors, time spent on our Website and on certain web pages, etc. For example, cookies allow us to save your password so you do not have to re-enter it every time you visit the Website.

We may authorize third parties to use cookies, web beacons and other monitoring technologies to compile information about the use of the Website or interaction with advertisements that appear on the Website.

Most web browsers automatically accept cookies, but you do not have to accept them. To disable cookies, you should access the “help” tab on your browser or read the information that came with your browser software. However, your visit to the Website will be significantly enhanced if cookies are not disabled and the Website may not function properly if cookies are disabled.

Use of Information
You should know that we receive and may store all personal information (whether written or oral) that you provide to us through whatever means you provide such information (through our Website, via e-mail, over the telephone, or otherwise). Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, home, billing or other physical address or email address as well as any information associated with the foregoing. In addition to your contact information, we may collect information about your purchases, billing address, shipping address, gender, occupation, birthday, marital status, anniversary, interests, phone number or other contact information, and credit card information. Kwiat may also request non-personally identifiable information, such as annual income, buying preferences, or age, also known as demographic and profile data. This information is optional. We use the personal information you supply to facilitate your purchases through the Website and to respond to any inquiries or requests you may make. We may also use personal information to improve our site and/or tailor your experience on the Website, by, for example, showing you content that we think you might be interested in and displaying content according to your preferences. We may also share this information with others, such as affiliates, partners and advertisers interested in marketing partnerships with Kwiat or on the Website, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.

We may combine the information you provide to us over time and we may combine such information with information that is publicly available, collected through data collection devices, and information that we receive from our partners, affiliates and other third parties. If you give us your personal information, including giving us your email address, another person’s email address or sending us email correspondence, we may use this information to register you with our Website; to administer our Website services; to process any orders you may place online; to facilitate your purchases and provide the services you request; to confirm and track your order; to respond to your inquiries and requests; to compare and review your personal information for errors, omissions and accuracy; to prevent and detect fraud or abuse; to improve the Website, service, product offerings, marketing and promotional efforts, and overall customer experience; to identify your product and service preferences; to understand our customer demographics, preferences, interests, and behavior; and to contact you (via email, postal mail, or telephone) regarding products and services of Kwiat that we believe may be of interest to you.

You represent and warrant that any personal information that you make available to Kwiat is done so voluntarily, with your knowledge and consent when making a request, submission or registration for services from Kwiat. Registration or other forms may contain both mandatory fields and non-mandatory fields; if you choose not to complete the mandatory fields then Kwiat may not be able to respond to your request or activate your option choices.

We value your comments, suggestions, testimonials, ideas and other feedback. By making any comments, suggestions, testimonials, endorsements, ideas, or similar material disclosed, submitted or posted by you on this Website (or other materials defined in the Terms and Conditions of Use sections Contributions or Content), you assign us your rights in the submissions, Contributions and Content to us, as described in the Terms and Conditions of Use section below.

Our web server may automatically recognize your domain name (not the email address) and may record your browser and platform type (e.g., Safari browser on a Microsoft platform).

Kwiat does not sell, rent or disclose our customers’ names, addresses, email addresses or other personal information to any third party, other than in accordance with this Privacy Policy. We use email addresses to communicate with you regarding your customer relationship with us or your orders and other matters regarding transactions between us. Kwiat may share customer information within the Kwiat organization and affiliates, so that you may be informed of other products that may be of interest to you. Further, in order to maintain the Website and provide for customer communications, Kwiat may contract with selected third parties, solely for the purpose of assisting Kwiat in these endeavors and subject to contractual confidentiality obligations. We do not otherwise disclose your information to third parties, unless required by law or in connection with a legal claim or proceeding.

You may opt-out of receiving promotional messages from us at any time. If we do send you a promotional email, you will be given the opportunity to decline receiving similar emails in the future.

If any personally identifiable information that Kwiat has gathered from you changes or you would like to access, correct, or delete such information, we will provide you access to correct or delete (to the extent permitted by law) any such personal information we have collected about you. To request access to or to correct or delete any such personal information, or if you wish to decline receiving promotional emails from us in the future, please send an email to [email protected], telephone us at 212-223-1111, or send a letter to Kwiat Enterprises LLC, 555 Madison Avenue, Suite 1400, New York, NY 10022.

Visitors who give us their telephone numbers online may receive telephone contact from our representatives regarding orders or requests they have placed online. You may be contacted by one of our representatives conducting research with regard to your satisfaction with our service. Your participation is voluntary and you may opt-out at any time by telephoning us at 212-223-1111.

Although Kwiat has no obligation to monitor any information provided to this Website by its users, including information that you provide, Kwiat reserves the right to monitor, retain, and disclose that information if required to do so by law or in a good-faith belief that disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property, or personal safety of Kwiat, its users, or the public.

Security
Kwiat uses industry-standard encryption technologies when transferring and receiving any customer data exchanged with our Website server when you engage in an e-commerce purchase transaction.

However, while we take all reasonable steps to protect your personal information, you accept that no Internet data transmission can be guaranteed to be secure from access by unintended recipients and will not hold us responsible for any breach of security.

Links to Other Sites
For the convenience and information of Website users, the Website may include links to other sites operated by third-parties. Such linked sites have their own privacy policies, which may differ significantly from Kwiat’s. Information you submit to linked sites is subject to the privacy policies of those sites, and Kwiat not responsible for the content or practices of any linked site. We recommend that you review the privacy policy of any site that you access through the Website.

Collection of Data
Our site uses technologies of third-party partners to help us recognize your device and understand how you use our site so that we can improve our services to reflect your interests and serve you advertisements about the products that are likely to be of more interest to you. Specifically, these partners collect information about your activity on our site to enable us to:

• measure and analyze traffic and browsing activity on our site;
• show advertisements for our products to you on third-party sites;
• measure and analyze the performance of our advertising campaigns;

Opting-Out
Our partners may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit you to block such technologies. For this reason you can use the following third party tools to decline the collection and use of information for the purpose of serving you interest based advertising:

• The NAI’s opt-out platform: https://www.networkadvertising.org/choices/
• The EDAA’s opt-out platform https://www.youronlinechoices.com/
• The DAA’s opt-out platform: https://optout.aboutads.info/?c=2&lang=EN

Your California Privacy Rights
If you are a California resident with whom Kwiat has an established relationship and would like to request, pursuant to California Civil Code § 1798.83, the information concerning the types of personal information Kwiat has shared with third parties for their direct marketing purposes, and the identities of those third parties, within the immediately preceding calendar year (i.e., requests made in 2015 will receive information regarding information shared in 2014), please submit a written request to the following address: Kwiat Enterprises LLC, 555 Madison Avenue, Suite 1400, New York, NY 10022; Attention: California Privacy. Please allow up to 30 days for us to process your request. You may submit such a request once per year. Please note that California law permits Kwiat to provide you, in response to your written request, with a cost-free means to choose not to have your information shared rather than providing the above described information. You may exercise that choice by any of the means described above for you to correct or change your information.

WEBSITE TERMS AND CONDITIONS OF USE

(Last Revised: March 9, 2015)

This Website is operated on behalf of Kwiat Enterprises LLC (“Kwiat”) with executive offices at 555 Madison Avenue, New York, NY 10022. Telephone number: 212-223-1111.

These Terms and Conditions of Use constitute the agreement (the “Agreement”) that will govern your use of this Kwiat Website (the “Website”). This Website is available for your use only on the condition that you agree to these Terms and Conditions of Use, all with the intention of making them legally binding upon you.

THIS WEBSITE IS PROVIDED BY KWIAT AND IS AVAILABLE ONLY TO PEOPLE AND ENTITIES ABLE TO FORM LEGALLY BINDING AGREEMENTS. IF YOU DO NOT QUALIFY (FOR INSTANCE, BECAUSE YOU ARE A MINOR UNDER THE AGE OF 18), PLEASE DO NOT USE THIS WEBSITE.

YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THIS WEBSITE.

By using this Website, you agree to comply with and to be bound by the terms of this Agreement, including the Privacy Policy. Kwiat reserves the right to, from time to time, change these terms at its sole discretion. By using this Website after any such change, you agree to comply with, and be bound by, the terms as changed. You are responsible for determining whether the Terms and Conditions have changed when you access the Website. You can determine whether there have been any changes by referring to the “Last Revised” date noted above.

Kwiat grants you a limited personal, nontransferable, non-sublicensable, revocable, worldwide license to access and make personal, non-commercial use of this Website.

Intellectual Property Rights

Copyright

The materials and content on the Website, including text, graphics, logos, button icons, images, audio or video clips, data compilations and software, as well as their selection and arrangement, are protected by copyright and/or other intellectual property laws, including laws of the United States and other countries, treaties and international conventions and are the property of Kwiat, its affiliates or suppliers. Any unauthorized use of the materials or content available on the Website may violate such laws. Kwiat does not grant any express or implied right or license under any copyright or other intellectual property in any material or content on the Website, except as authorized in these Terms and Conditions. You may print, download and store copies of material on the Website for your own personal, non-commercial use. You may not charge anyone for use of the material and you may not publish or otherwise distribute the material to others. You may not modify the material in any way without the prior written consent of Kwiat or the copyright owner.

Trademark

The names KWIAT, Tiara Diamonds, Simply Brilliant, and the Kwiat tiara logo and certain other names or logos displayed on the Website are trademarks, service marks or trade dress owned or licensed by Kwiat, and all related products and service names, design marks and slogans are the service marks or trademarks of Kwiat or its licensors. The foregoing intellectual property is protected by the trademark laws and other intellectual property laws of the United States and other countries, and by international treaties and conventions. Elements of the Website, including, but not limited to the “look” and “feel” of the Website, are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Non-Confidential Communication

All information, ideas, suggestions or other communications you transmit to Kwiat concerning the products or materials on the Website, or other products or materials (“Contributions” or “Content”), shall be on a non-confidential basis and shall become the property of Kwiat. Kwiat and its affiliates shall be free to reproduce, use, disclose or distribute such communications without limitation, compensation to you or other obligation.

Enforcement

Kwiat enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning intellectual property rights in materials on the Website, you may write to Kwiat at Kwiat Enterprises LLC, 555 Madison Avenue, Suite 1400, New York, NY 10022.

Reservation of Rights

Kwiat reserves any rights not expressly granted by this Agreement.

Children’s Online Privacy The Children’s Online Privacy Protection Act took effect April 21, 2000, and pertains to websites directed toward children under 13 years of age. This Website is not directed towards, nor for the use of, children under the age of 18 and does not intentionally or knowingly collect information on or from any person under 18 years.

Note to Children Children who are under age 18, especially those under the age of 13, should not send any information about themselves or their friends and should not register for any of the Kwiat on-line services nor should they make requests to receive further information from Kwiat by clicking consent or request buttons on the Website. Should we discover or be informed that a child has registered his/her or another child’s personal details, we will delete such information from our records.

Note to Parents Kwiat will not intentionally or knowingly collect personally identifiable information from children under age 18. If you, as a parent or legal guardian are concerned that your child has registered for one of our services or wish to cancel your child’s registration and have all details deleted, please contact us by e-mail at: [email protected] or write to us at the following address providing official documents establishing parental or guardian status: Kwiat 555 Madison Avenue, Suite 1400 New York, NY 10022 Attention: Website Administrator

Acceptable Use of the Site

The Website and its services are intended to be used for the lawful purchase of the products available on the Website and to gain information about Kwiat, its products and services. The Website may be used only for lawful purposes consistent with the foregoing. It is your responsibility to ensure that your use of the Website complies with these Terms and Conditions of Use. As one of the conditions of your use of the Website, you represent, warrant and agree, as the case may be, to Kwiat that:

(a) you will not use (or encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms and Conditions of Use or by applicable law; (b) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials that: (i) restrict or inhibit any individual who uses any aspect of the Website or its services (a “User”) from using and enjoying the Website; (ii) are unlawful, threatening, hateful, abusive, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or endorse or advocate illegal or immoral activity, violate the rights of any third party, or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, statute, ordinance or regulation; (iv) violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus, worm, Trojan horse, or any other destructive feature, regardless of whether you intend any damage to the Website and/or its content; (vi) contain any information, software or other material of a commercial nature; (vii) contain advertising of any kind; (viii) impersonate another person, living or dead; (ix) contain chain letters, pyramid schemes or like documents; (x) contain any commercial notices; (xi) contain any information that is presented in any manner or for any purpose other than that which is within the Website’s intended and acceptable use; or (xii) constitute or contain false or misleading indications of origin or statements of fact, including, but not limited to, the use of a false name; (c) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials anonymously or under a false name; (d) you will represent yourself accurately and truthfully at all times; (e) you grant Kwiat the right to verify independently by any lawful means any information that you transmit to Kwiat through the Website, including, but not limited to, information about yourself; (f) you will not modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble, decompile or decode the Website, or any element of it for any reason, except as expressly permitted by applicable law; and (g) you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Website or its content, or any substantial part thereof, without Kwiat’s prior written consent.

You acknowledge that Kwiat is not responsible for material submitted to Kwiat or posted to the Website by users. Kwiat does not pre-screen, monitor, review or edit the Content posted by users. However, Kwiat and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in Kwiat’s judgment, does not comply with these Terms and Conditions of Use or is otherwise undesirable, inappropriate or inaccurate. Kwiat is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Kwiat. You agree to immediately notify Kwiat of any unauthorized use of the Service or any other breach of security known or suspected by you.

You acknowledge and agree that Kwiat may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Kwiat, its users or the public.

You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Kwiat assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to Kwiat.com.

Any or all Content on the Website may be purged periodically in Kwiat’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Kwiat or submitted to Kwiat, including Content. You further acknowledge and agree that the views expressed on the Website do not necessarily reflect the views of Kwiat, and Kwiat does not support or endorse Content (including any Contribution, whether or not edited by Kwiat or its designee or presented on the Website edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

Security Rules You are prohibited from taking any actions that will violate or attempt to violate the security of the Website, including, without limitation (a) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus, worm or Trojan horse to, overloading, “flooding”, “mailbombing” or “crashing” the Website; or (d) sending unsolicited e-mail (other than email to us regarding the Website or the goods sold through the Website) promoting and/or advertising products or services (all of the foregoing, the “Security Rules”). Attempts to violate, or violations of, system or network security or the Security Rules may result in civil or criminal liability. Kwiat will investigate occurrences which may involve any such attempts or violations, may report them to law enforcement agencies, and may cooperate with law enforcement agencies in prosecuting users who are involved in such violations or attempted violations.

Limitation of Warranties and Disclaimers 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, KWIAT 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.

KWIAT DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE 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 WILL BE UNINTERRUPTED OR ERROR-FREE. KWIAT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU AGREE, BY USING THIS WEBSITE, THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, THAT YOU (AND NOT KWIAT OR ANY OF ITS AGENTS) ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS WEBSITE, AND THAT YOU (AND NOT KWIAT OR ANY OF ITS AGENTS) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS WEBSITE.

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

Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you

Limitation of Liability IN NO EVENT SHALL KWIAT, ANY DIRECT OR INDIRECT SHAREHOLDER, AFFILIATE, OTHER RELATED ENTITY, SUBSIDIARY, JOINT VENTURE, PARTNER, ENTITY IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THIS WEBSITE, FROM THE USE OF IT, FROM THE INABILITY TO USE IT, FROM OR THROUGH THE DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE), FROM OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION, OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR FROM ANY OTHER ERROR, FAILURE, OR DELAY IN DATA TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE.

KWIAT SHALL HAVE NO LIABILITY FOR THE DELETION OF ANY COMMUNICATIONS OR INFORMATION COLLECTED, MAINTAINED, OR TRANSMITTED BY THIS WEBSITE OR THE FAILURE TO STORE ANY INFORMATION, INCLUDING PERSONALIZED SETTINGS. KWIAT SHALL HAVE NO LIABILITY WITH RESPECT TO ANY INFORMATION POSTED BY USERS ON CHAT ROOMS, BULLETIN BOARDS, OR OTHER USER FORUMS.

Indemnification Upon a request by Kwiat, you agree to defend, indemnify and hold Kwiat, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Website or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Contribution or Content or other materials by you or users authorized by you or any violation of these Terms and Conditions of Use by you. Kwiat reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Kwiat in asserting any available defense.

Mobile/Wireless Policy In addition to any fee of which you are notified your provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All charges are billed by and payable to your mobile service provider.

Kwiat will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services, as are all Services, are provided on an AS IS basis.

Data obtained from you in connection with this SMS service may include your cell phone number, your provider’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us.

Termination Kwiat may, through its sole discretion, terminate or cancel your use of this Website or terminate or cancel this Agreement for any reason, without prior notice. Upon termination or cancellation of this Agreement, you will immediately discontinue use of this Website. Through its sole discretion, and at any time, Kwiat may also discontinue providing this Website or any part of it, with or without notice. Kwiat shall not be liable to you or any third party for any of the foregoing. Parts or all of this Agreement shall survive termination or cancellation of this Agreement and the termination or cancellation of your use of this Website.

Links to Other Websites Kwiat does not authorize linking to this Website from a third party web site without its written permission.

Although this Website may contain links to other Websites, Kwiat has no control over those linked Websites. You acknowledge and agree that Kwiat is not responsible for the availability of those linked Websites or their content. Kwiat provides links as a convenience and does not endorse the proprietors or content of any linked Websites, including any linked Website of any company related to Kwiat, in control of it, or under common control with it. It is your sole responsibility to comply with the appropriate terms of service of any linked sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such linked sites and any content contained thereon.

KWIAT DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY PRODUCT OR SERVICE PROVIDED VIA ANY LINKED WEBSITE. IN NO EVENT SHALL KWIAT BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY LOSS OR DAMAGE ARISING FROM OR OCCASIONED BY THE CREATION OR USE OF THE LINKED SITES OR THE INFORMATION OR MATERIAL ACCESSED THROUGH THESE LINKED SITES.

You should direct any concerns to that linked site’s administrator or webmaster. Kwiat reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the linked sites from the Website and/or introduce different features or links to different users.

SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.

Caching, Linking, and Framing by You Kwiat prohibits caching of any portion of this Website and any unauthorized links to this Website and unauthorized framing of it. Kwiat reserves the right to disable any unauthorized links or frames.

Applicable Laws, Jurisdiction, Choice of Law, and Arbitration We control and operate this site from our offices in New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws on use and access, if and to the extent local laws are applicable.

By accessing this Website both you and Kwiat agree that all claims and matters regarding this Website or the use of this Website shall be governed according to the laws of the State of New York, United States of America, without regard to its conflicts of law principles. Kwiat makes no representations or warranties that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. In addition you agree that any controversy or claim arising out of or relating to this Agreement, the Terms and Conditions of Use or the Website shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon all awards rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall be held in New York, New York and shall be conducted before three arbitrators selected in accordance with such rules. The arbitrators are empowered to award reimbursement of attorney fees and other costs of arbitration to the prevailing party, in such manner as the arbitrators deem appropriate. The arbitrators shall have the right to grant a permanent injunction in addition to any damages or other relief.

Photography and Other Information Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.

Copyrights and Copyright Agent We respect the intellectual property rights of others, and require that the people who use the Kwiat.com Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: Your username, address, telephone number, and e-mail address; A description of the copyrighted work that you claim has been infringed; A description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent Contact only for copyright matters.

Greg Kwiat Address: 555 Madison Avenue, New York, New York 10022 Phone: (212) 223-1111 Facsimile: (212) 223-2796 Email: [email protected]

For all other inquiries, please contact us at the below address. Kwiat Enterprises LLC 555 Madison Avenue, Suite 1400 New York, NY 10022

Notices All notices and other communications to Kwiat shall be in writing, must be given by certified mail, return receipt requested and must be addressed to Kwiat at the address set forth for it in this Website at the time of delivery.

Effect of Waiver or Consent A waiver or consent, express or implied, to or of any breach by you, or any delay in enforcement of any provision of this Agreement on the part of Kwiat, will not constitute a consent to, or waiver of, any other breach or default by you of the same or any other obligations of you. Failure on the part of Kwiat to complain of any act of yours or to declare you in breach or default, irrespective of how long that failure continues, does not constitute a waiver by Kwiat of its rights with respect to that default until the applicable statute-of-limitations period has expired.

Provisions Unenforceable or Invalid 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.

Agreement Kwiat may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us at the above address.

General

Except as expressly provided in a particular “Legal Notice” or text on a particular Web page of the Website, these Terms and Conditions of Use, including the Privacy Policy, set forth the entire understanding and agreement between Kwiat and you with respect to the subject matter hereof.

You acknowledge that by submitting communications to Kwiat, no confidential, fiduciary, contractually implied or other relationship is created between you and Kwiat other than pursuant to these Terms and Conditions.

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