Effective 08/2018

WEBSITE CONDITIONS AND PRIVACY OF USE

Effective 08/2018

1. RIGHTS

THE COMPANY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REVISE THESE TERMS AND CONDITIONS OF USE AT ANY TIME BY UPDATING THIS AGREEMENT ON THE WEBSITE. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. IF WE CHANGE THIS AGREEMENT, WE WILL GIVE YOU NOTICE BY POSTING THE REVISED AGREEMENT ON THIS WEBSITE. THOSE CHANGES WILL GO INTO EFFECT ON THE REVISION DATE SHOWN IN THE REVISED AGREEMENT. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES AND THAT THEY APPLY TO YOU. THESE TERMS AND CONDITIONS OF USE APPLY TO EVERY WEBSITE MAINTAINED BY THE COMPANY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEBSITE. IF YOU BREACH ANY OF THESE TERMS AND CONDITIONS OF USE YOUR RIGHT TO USE THIS WEBSITE WILL TERMINATE AUTOMATICALLY.

YOU MUST BE 21 YEARS OF AGE TO SHOP FROM THIS SITE

2. INTELLECTUAL PROPERTY 

Unless otherwise indicated, we are the owner and/or authorized user of all trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property (collectively, the “Intellectual Property”) appearing on or contained within the Site. Except as provided in these Conditions of Use, your use of the Site does not grant you any right, title, interest, or license to any such Intellectual Property you may access on the Site. Except as provided in these Conditions of Use, any use or reproduction of the Intellectual Property is prohibited.

3. RESTRICTIONS ON USE

Except as expressly authorized by law, by us, or by the applicable licensor in writing, you are not entitled to reproduce, transmit, license, sell, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, or otherwise make available to any person, or to create derivative works of, any or all of the materials or content available on the Site, or to use it for commercial purposes.

4. INTERFACING SITES 

You acknowledge and agree that we have no responsibility for the content (“Linked Content”) hosted by unaffiliated websites (“Interfacing Sites”) to which you or we may link from the Site, or otherwise display on the Site via an application programming interface or other methods.

We do not host or store Linked Content.  The display of Linked Content or the provision of links to Interfacing Sites does not constitute an endorsement by or association with us of such Linked Content, Interfacing Sites, or products, advertising, or other materials presented on such sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, or cost caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on such Interfacing Sites, or for any action taken by Interfacing Sites.

We reserve the right to remove Linked Content from our Site or Interfacing Sites, to the extent we have such control, at any time, and for any reason, including violation of these Conditions of Use or the applicable terms of use on the Interfacing Site.

To utilize some of the functionality of the Site you may be required to establish an account with a username and password with Interfacing Sites.  As these are unaffiliated sites, we are not responsible for any username, password, or other information these sites may collect. We also will never ask you to provide us with your password for Interfacing Sites.  If you are unable to establish accounts on these Interfacing Sites for any reason, you may not be able to fully utilize the functionality provided by the Site.

In addition to these Conditions of Use, the Linked Content that is displayed on our Site, including your rights relating thereto, are subject to the applicable terms of use as set forth by the Interfacing Website.

5. MATERIALS SUBMITTED BY YOU 

This notice applies to all information collected or submitted on the yourwebsitehere.com website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:
• Name
• Address
• Email address
• Phone number
• Credit/Debit Card Information
(etc.)
On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient’s address. In this circumstance, the types of personal information collected are:
• Name
• Address
• Phone Number
(etc.)

6. ACCOUNTS AND SECURITY 

When our order form asks customers to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry – SSL (Secure Socket Layers), provided by Thawte, a leading encryption software company available today. While on a secure page such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to unlocked, or open, when you are just ‘surfing’.
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect customer-information offline. All of our customers’ information, like the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, a salesperson) are given access to personally identifiable information.
If you have any questions about the security at our website, you can send an email to our Customer Service department

7. OUR COMMITMENT TO PRIVACY

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

8. THIRD PARTY GOODS AND SERVICES 

We do not vouch for those persons, companies, and other organizations whose goods or services may be accessed or displayed through or on the site.

9. YOUR RESPONSIBILITY 

You should always verify any information set forth on the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.

In circumstances where you provide us with personally identifiable or other information relating to any third parties, you warrant that you have received that third party’s consent for such disclosure and that the third party has been informed of, and agrees to, our Privacy and Cookie Notice and any uses we may make of such information.

10. USER INFORMATION 

The Way We Use Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We offer gift-cards by which you can personalize a product you order for another person. The information you provide to us to create a gift-card is only used for that purpose, and it is only disclosed to the person receiving the gift.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
You can register with our website if you would like to receive our catalog as well as updates on our new products and services. The information you submit on our website will not be used for this purpose unless you fill out the registration form.
We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

11. COOKIES

A cookie is a piece of data stored on the visitor’s hard drive containing information specific to that visitor’s use of the website. Any information placed in the cookie is accessible only to www.kremaslakay.com, and will not be sold or shared with anyone else under any circumstances. We use a cookie to store a unique session identifier, and this allows us to maintain your shopping cart from one-page request to the next. We are also able to maintain your session information from one visit to the next. By setting a cookie on our site, our customers do not have to log in more than once, thereby saving time while on our site. If a customer rejects the cookie, they may still browse our site. Unfortunately, the customer experience will be greatly curtailed, as the customer will be unable to log in or make a purchase.

12. LOG FILES

We use IP addresses to analyze trends, administer the site, track customer’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

13. LINKS

This website contains links to other sites. Please be aware that Krémas Lakay is not responsible for the privacy practices of such other sites. We encourage our customers to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.

14. INDEMNITY 

You hereby indemnify us and our officers, directors, agents, employees, and representatives against any loss, damage, or cost arising out of your use of the Site, any of its services, or any information accessible over or through the Site, including information obtained from Interfacing Sites, your submission or transmission of information or material on or through the Site or Interfacing Sites, or your violation of these Conditions of Use, the terms of use of Interfacing Sites, or any other laws, regulations, and rules. You also hereby indemnify us and our officers, directors, agents, employees, and representatives against any claims that any information or material you have submitted or will submit to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright, or infringement or violation of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in any such defenses.

15. ENTIRE AGREEMENT 

This section limits certain rights that you and we might have, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in jams rules, and the right to certain remedies and forms of relief. Other rights that you or company would have in court also may not be available in arbitration.
You and Company agree that they will resolve any disputes through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and Company relating to the Service or this Agreement (each a “Claim”) shall be submitted for binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate in this Section. The arbitration shall be initiated through JAMS, Inc. (formerly Judicial Arbitration and Mediation Services), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall select an alternative ADR Provider. The parties may also mutually agree on an alternative ADR provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 1-800-352-5267. The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. However, Company will not pay your share of the arbitration fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Company also have the right to bring qualifying claims in small claims court. In addition, you and Company retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
Neither you nor company may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and the company’s individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section 10 is found to be invalid or unenforceable, except for subparagraph (d), then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 10 shall continue in full force and effect. No waiver of any provision of this Section 10 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. If subparagraph (d) is found to be invalid or unenforceable then neither you nor Company shall be entitled to arbitration.
This Arbitration Provision shall survive termination of your relationship with Company.

If you do not want to be bound to this Arbitration Agreement, you must opt out of it within 30 days of it first becoming applicable to you (i.e., within 30 days of you first agreeing to a version of these Terms of Use containing the Arbitration Agreement). To opt out of this Arbitration Agreement, you must send a letter or postcard to Company headquarters, to the attention of the “Legal Department” and state that you do not want to be bound by this Arbitration Provision. Company’s address is P.O. Box 813340 Hollywood, FL 33081-3340
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court (including but not limited to in the event you opt out of arbitration pursuant to subparagraph (g)), the parties hereby agree to submit to the personal jurisdiction of the courts located in the Southern District of Florida, for such purpose.

16.Copyright, trademarks, AND OTHER PROPRIETARY Rights 

The contents of this Website, such as trademarks, designs, text, logos, and icons, or other intellectual property are owned by and proprietary to the Company. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Website in any way for any public or commercial purposes, without the Company’s written permission. You are authorized to use this material only for personal, non-commercial purposes.

17. GOVERNING LAW 

This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida without regard to any conflict of laws principles.

18. HOW TO CONTACT US

Should you have other questions or concerns about these privacy policies, please call us at 305.733.2480 / 786.647.5314 or send us an email at kremaslakay18@gmail.com

August 2018

© 2018 All rights reserved.