Privacy Policy and Terms of Use

PRIVACY POLICY

KLS understands that your privacy is important. By accessing the Site, you expressly consent and agree to the terms and conditions of this Privacy Policy, including our use and disclosure of your personal information in accordance with this Privacy Policy. If you do not agree, then please do not use or access the Site.

1. Information Collected. You can browse the Site without telling us who you are or disclosing any personally identifiable information about yourself. We may track information provided to us by your browser, including the web site you came from (known as the “referring URL”), the type of browser you use, the time and date of access, the content that you access and other information that does not personally identify you. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.

KLS may also collect personal information when you provide it to us, such as providing us with your emails, addresses, registering for a user account on the Site, requesting e-mail updates or catalogues or reminders for events and special dates or if we ask you to participate in a survey or questionnaire, or when you submit comments, suggestions and the like to us via the Site or otherwise. KLS may collect information in connection therewith such as your name, address, e-mail address, phone numbers and other relevant information.

In addition, KLS may store certain information when you purchase or return an item, provide shipping information for yourself or others or request a receipt, such as information your provide our third party processors, including, without limitation, transactional information based on your activities and purchases on the Site, and addresses you provide to ship an item to yourself or a third party. In addition we may store information we or our third party processors ask you to submit to authenticate yourself. We also may store information provided by you with respect to dispute resolution, such as correspondence that you send to us.

We do not sell or rent personally identifiable information to third parties for their marketing purposes.

2. Information Provided to Our Third Party Processors by You and Links to Third Parties’ Sites. We are not responsible for and have no control over the privacy policies of and use of information by third parties’ web sites that you link to from our web site, including, without limitation, any third party payment processor. Therefore, you should review such third parties’ sites and if any of such policies are not acceptable, you should not use such third parties’ sites or services. We are not responsible for the protection and privacy by such third parties of any information that you provide while visiting such sites and such sites are not governed by this Privacy Policy.

We may also use third party service providers to serve our advertisements on the Internet. These advertisers may collect information about your visits and use of the Site through the use of pixel tags and cookies. Such information does not include your name, address or other personal information. Our service providers may use the information about your visits to our websites and to other websites to provide advertisements about KLS’s products to you when you visit the Site or other websites.

3. Cookies and Web Beacons. “Cookies” are elements of data that a web site can send to a user’s browser and store on a user’s computer. A “web beacon” or “pixel tag” is typically an image used to pass information from your computer or mobile device to a website. We may use cookies, web beacons and other means, devices and code on the Site to collect information about your use of the Site and to assist you with navigation during a user session or in completing certain forms and certain of these cookies, web beacons, devices and codes may be retained on your computer. We also may use cookies, web beacons, devices, code and other means to keep track of what you have in your shopping cart and to remember you when you return to the Site. You may disable certain cookies or similar technology, but please be aware that if you do so you may not be able to fully access or use the Site.

4. How the Information is Used. KLS may use the information we collect and the information you give us to provide services to you or provide information, e-mails, notices and reminders that KLS thinks you may find interesting or useful, or that you specifically request. We also use your personally identifiable information to address problems, protect against error, fraud and criminal activity and to inform you about items, services, offers and updates on or with respect to the Site and our products and services. We also may compare and review personal information to identify users using multiple identifications or aliases and to check for errors, omissions and accuracy. We also use your personal information to improve the Site and to analyze usage of the Site. In addition, we may use your personal information to provide you information relevant to your use of the Site.

5. Disclosure of Information. We provide your personally identifiable information to certain of our service providers, such as in connection with our email marketing services. We also provide your personally identifiable information to third parties in connection with credit card processing and shipping services. In addition, we provide your personally identifiable information in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any user of the Site to legal liability. We also can release your personally identifiable information in connection with an investigation of fraud, theft, intellectual property infringement, piracy or other unlawful activity or activity that violates the Terms of Use or Privacy Policy. We may also disclose your personally identifiable information (i) to third parties in connection with an onward transfer resulting from a merger, acquisition or sale of assets of KLS or (ii) to a third party working on behalf of or providing services to KLS.

TERMS & CONDITIONS

This Web site is operated by KLS Holdings LLC. (KLS). The Web site address for KLS is www.kls.com. All users of this Web site agree that their access to and use of this web site are subject to the terms and conditions set forth in this legal notice and all applicable laws, and that any such access or use is undertaken at the user's own risk. These terms and conditions are further subject to change at any time without prior notice, such change will be posted.

By electing to access or use the Site you agree to be bound by the Terms of Use and Privacy Policy. Those under 13 years of age are not permitted on this site.

1. Access. We reserve the right to withdraw or modify the Site and any content we provide on the Site, in our sole discretion without notice. We have the right to prohibit you from accessing the Site and to disable access to the Site to any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of the Terms of Use or the Privacy Policy. KLS cannot guarantee continuous or secure access to the Site or our services provided by the Site.

2. Security. We strive to protect your personal information submitted to us as we would our own.

3. Site Content and Marks. You acknowledge and agree that KLS’s name and trademarks and other graphics, logos, slogans and service names used by KLS on the Site are owned by KLS, are protected by applicable trademark and other intellectual property rights and laws and you have no rights with respect thereto. You also acknowledge and agree that all designs, concepts and content, including photographs, on the Site are owned by KLS and are protected by applicable copyright laws.

4. Limited Licenses and Permissions. We grant you a limited license and permission to access and make personal use of the Site, but not to download any portion of it for any commercial purpose or to modify any portion of it. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on the Site for any commercial purpose. You may occasionally solely for personal, non-commercial use (i) print a single copy of pages of the Site or (ii) copy a picture or a description of a product from the Site on your blog or share a photograph or description of a product from the Site through use of your social media account, but you may not otherwise reproduce any material appearing on the Site without our prior written consent. No right, title or interest in any of the content on the Site is granted to you by such copying.

5. Products. While we have tried to actually display the colors of products, the actual colors you will see depend on your monitor and may not be accurate. The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.

6. Availability of Products on The Site. Merchandise availability on the Site is not guaranteed. While we endeavor to keep the Site current, we do not guarantee that all items featured on the Site at any time remain available for purchase at the time you visit the Site. You will receive a shipping confirmation e-mail once your items have been shipped.

7. Reliance. We and our third party processors may rely upon any notice, purchase order or any other document which purports to have been transmitted by you or signed by you and we shall have no duty to make any inquiry or investigation.

8. Payment. You authorize our third party processors to initiate credit transactions with respect to the purchase by you of products through use of the Site. You will also be responsible for all taxes associated with your purchase. If you fail to render payment as prescribed for any transaction, the transaction will not be completed. Since the use of a credit card may be limited by your agreement with your credit card company and/or by applicable law, KLS is not liable to you if we do not complete a transaction as a result of any such limit, or if a credit card company fails to honor any credit to your account. Our payment processors may post operating rules that you are required to comply with in order to use their services and such rules may be changed by a payment processor from time to time. Prior to making any purchase or other transaction on the Site you should review the terms of use and privacy policy on our payment processor’s site to make sure that you agree to such terms of use and privacy policy and, if you do not agree to such terms of use and privacy policy, you should not perform such transaction.

9. Feedback and Comments. The use or submission of information to this site including, but not limited to, feedback, questions, comments, suggestions, ideas, graphics or computer files of any type are hereby assigned to the site owner. You agree that you shall not provide any submissions that violate any applicable laws or regulations or that infringe or misappropriate any third party’s rights or that are libelous, obscene or violate a third party’s privacy rights.

10. Disclaimers of Warranties. THE SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED. ALTHOUGH KLS ENDEAVORS TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SITE. KLS DOES NOT WARRANT THAT THE DESCRIPTIONS OF THE PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE OR CORRECT. KLS DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, KLS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE CONTENT ON THE SITE, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. Restriction on Your Use. While using the Site, you will not: (i) violate any laws, third party rights, or our policies set forth on the Site; (ii) use any content (including, without limitation, all designs and photographs) on the Site for any commercial purposes; (iii) post false, inaccurate, misleading, defamatory, or libelous content (including personal information); (iv) distribute or post spam, chain letters, or pyramid schemes on or through the Site; or (v) impair, disable or otherwise adversely affect the Site or the functionality or operation of the Site, including without limitation, distributing, submitting, posting or uploading any materials that contain or distribute viruses or disabling code, files, programs or any other technologies that may harm KLS, the Site or any other Site user.

In addition, you will not (i) harvest or otherwise collect (a) information, designs or content provided on the Site or (b) information with respect to any Site’s users, including e-mail addresses; (ii) provide any links, frames or tags to or of any content on the Site (including, without limitation, designs and photographs) without our express written consent, except that you may on an occasional basis for non-commercial purposes only provide a link to a photograph or a description of a product from the Site to your blog or share a photograph or description of a product from the Site through use of your social media account; or (iii) use any spiders, automated programs, scripts, robots, software or any similar devices that obtain, copy or link to content or information on the Site or with respect to the Site’s users, or affect the operation of the Site.

12. Indemnity. As a condition of use of the Site, you agree to indemnify and hold harmless KLS, its third party vendors and its affiliates and their officers, members, managers, directors, agents and employees against any and all liabilities, expenses (including, without limitation, attorneys’ fees and court costs) and damages arising out of or relating to any and all direct or indirect claims resulting from or relating to your breach of any provision of the Terms of Use or the Privacy Policy.

13. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL KLS, ITS AFFILIATES, DIRECTORS, OFFICERS, MEMBERS AND MANAGERS OR ITS THIRD PARTY VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO OR THAT ARISE OUT OF THE USE OF THE SITE, THE SERVICES OR PRODUCTS PROVIDED BY KLS, THE INABILITY TO USE THE SITE OR OTHERWISE. THIS LIMITATION APPLIES WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF KLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR DAMAGES TO YOU, REGARDLESS OF THE BASIS FOR THE UNDERLYING CLAIM, EXCEED THE AMOUNT YOU HAVE PAID FOR PURCHASES ON THE SITE DURING THE SIX (6) MONTH PERIOD PRIOR TO BRINGING SUCH CLAIM.

14. Links to other Sites. The Site may provide or contain links to other web sites. KLS makes no representations or warranties as to the goods or services offered through those sites, and by having a link on the Site to those sites, we are not hereby endorsing the goods or services offered through those sites. You access such linked sites at your own risk and by accessing them you leave the KLS Site. Such linked sites are not under our control and we are not responsible for the contents of such sites or the terms of use and privacy practices of such sites.

15. Governing law; Jurisdiction; Waiver of Jury Trial. The Terms of Use and Privacy Policy and any claims arising out of or relating to the Site, the Terms of User or the Privacy Policy or products or services provided by KLS shall be governed by the laws of the State of New York, without giving effect to its principles of conflicts of law and except that all claims with respect to copyrights, trademarks and patents shall be governed by United States federal laws to the extent applicable. Any dispute relating in any way to the Site, your accessing the Site, any Products or Services listed or described on the Site, and the products and services provided by KLS shall be adjudicated exclusively in the state and federal courts located in the Borough of Manhattan, New York, New York, U.S.A. and KLS and you consent to exclusive jurisdiction and venue in such courts and you waive any and all rights to claim inconvenient forum or immunity. YOU EXPRESSLY WAIVE ANY AND ALL OF YOUR RIGHTS TO A TRIAL BY JURY, INCLUDING, WITHOUT LIMITATION ANY STATUTORY RIGHTS.

16. Site Policies, Modification, and Severability. The Terms of Use, Privacy Policy and the other policies posted on the Site govern your use of the Site. We reserve the right to make changes to the Site, policies, the Terms of Use and the Privacy Policy at any time. You agree that you are responsible to review the Terms of Use and Privacy Policy each time you access the Site. Once posted on the Site, revised terms become effective immediately.