TERMS & CONDITIONS

KIERIN HOLDINGS LLC WEBSITE TERMS & CONDITIONS

Effective Date: September 1, 2018

Welcome to the KIERIN website (the "Site"). These Terms & Conditions are entered into by and between you and KIERIN HOLDINGS LLC ("KHLLC," "we," "us," or "our").

These Terms & Conditions govern your access to and use of the Site and any related services offered by KHLLC. By using the Site, you agree to these Terms & Conditions and our Privacy Policy, Cookie Policy, and any other posted guidelines or rules applicable to specific features (collectively, the "Terms"). If you do not agree, please do not use our Site.


1. ELIGIBILITY

You must be at least 18 years old (or the age of majority in your jurisdiction) to make a purchase. Persons under 13 may browse the Site but may not register or provide personal data.


2. PRIVACY & DATA PROTECTION

Please review our updated Privacy Policy, which is incorporated by reference and explains how we collect, use, disclose, and protect personal information. Depending on where you live, applicable privacy laws may provide rights to access, correct, delete, or obtain a copy of personal information, or to opt out of certain data uses.

Where applicable, you may exercise certain opt-out rights through Your Privacy Choices.


3. COOKIE POLICY

We use cookies and similar technologies for essential site functions and, depending on your choices and location, for functionality, measurement, personalization, and advertising. Please refer to our Cookie Policy and use the privacy controls made available on the Site. Certain U.S. privacy opt-outs are also available through Your Privacy Choices.


4. THIRD-PARTY PLATFORMS

We use Shopify for e-commerce and other third-party service providers for services such as payments, fulfillment, shipping, customer communications, analytics, fraud prevention, and marketing. These providers may collect, use, disclose, or otherwise process information as described in our Privacy Policy and under their own applicable privacy terms.


5. PRODUCT USE, ORDERS, PRICING & AVAILABILITY

All products and services offered through the consumer storefront are for personal use only, except where KIERIN has expressly authorized wholesale, retail-partner, decanter, or other commercial use.

We reserve the right, subject to applicable law, to refuse, limit, or cancel orders, including orders associated with the same customer account, payment method, billing or shipping address, or orders that reasonably appear fraudulent, abusive, intended for unauthorized resale, or placed by unauthorized dealers, resellers, or distributors. If an order is cancelled after payment has been collected, any required refund will be handled in accordance with applicable law and our posted policies.

Prices, availability, product configurations, packaging, quantities, and offerings may change or be discontinued without notice, subject to applicable law. We may limit quantities, geographic availability, or sales to particular customers or jurisdictions. Any offer is void where prohibited.


6. ACCURACY & ERRORS

We strive for accuracy in product descriptions but do not guarantee that all content is error-free. We reserve the right to correct any errors, inaccuracies, or omissions and, where appropriate, update information or cancel affected orders.


7. INTELLECTUAL PROPERTY

All content on the Site is owned by KHLLC or its affiliates and protected by U.S. and international laws. No content may be reproduced without our prior written consent.


8. LIMITED LICENSE & SITE USE RESTRICTIONS

You are granted a limited, revocable license for personal, non-commercial use only. You agree not to:

  • Frame or mirror any part of the Site

  • Use bots, spiders, crawlers, scraping tools, or similar automated means except as expressly authorized by us

  • Phish, pharm, pretext, or otherwise attempt to obtain information through deceptive means

  • Collect or track personal information of others without authorization

  • Interfere with or circumvent security, access-control, or other protective features of the Site

  • Impersonate any person or misrepresent your affiliation

  • Upload harmful code, malware, or engage in spam or abusive activity

  • Violate any applicable law or third-party right


9. USER ACCOUNTS

You are responsible for maintaining your account's confidentiality. Notify us immediately of unauthorized use through our Contact Us page. If using the Site on behalf of someone else, you agree to be bound by these Terms on their behalf.


10. THIRD-PARTY LINKS

We are not responsible for third-party websites linked from our Site. Use them at your own risk.


11. USER CONTENT

By posting content to the Site, you grant us a worldwide, royalty-free license to use and distribute it. You represent that you own the rights to your submissions and that they do not violate any law or third-party rights.


12. DELETION OF USER CONTENT

To request deletion of your public content, use our Contact Us page with your name, the information needed to identify your submission, the reason for your request, and the date of the post if known.


13. COPYRIGHT INFRINGEMENT

If you believe your copyrighted work has been infringed, please use our Contact Us page and provide enough information for us to identify the copyrighted work, the material you believe is infringing, its location on the Site, your contact information, and the basis for your claim.


14. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

Use of the Site is at your own risk. The Site is provided "AS IS" without warranties, to the fullest extent permitted by applicable law.

To the fullest extent permitted by applicable law, KHLLC and its affiliates will not be liable for indirect, incidental, special, punitive, or consequential damages arising from or related to use of the Site or products or services obtained through it. In any event, and to the fullest extent permitted by applicable law, our aggregate liability will not exceed $100 USD.

Some jurisdictions do not permit certain exclusions, disclaimers, or limitations of liability. In those jurisdictions, these provisions apply only to the maximum extent permitted by law. Nothing in these Terms limits any right or remedy that cannot lawfully be excluded or limited.


15. INDEMNIFICATION

You agree to indemnify and hold KHLLC and its affiliates harmless from any claims arising from your use of the Site or violation of these Terms.


16. DISPUTES & ARBITRATION

These Terms are governed by Connecticut law. Disputes shall be resolved by binding arbitration in Connecticut under the AAA Consumer Rules. Class actions are prohibited. You may only bring individual claims.


17. ELECTRONIC NOTICES

You consent to receive notices electronically via email or website posting. To revoke consent, use our Contact Us page and discontinue use of the Site.


18. ACCESSIBILITY

We are a very small business and are committed to digital inclusion. We strive to conform to WCAG 2.2 Level AA standards, aiming to make our Site usable for all individuals, including those with disabilities. Please see our Accessibility Statement. If you encounter any difficulty accessing any part of the Site, please use our Contact Us page.


19. SUSPENSION & TERMINATION

We may suspend, restrict, or terminate access to the Site or an account where we reasonably believe there has been a violation of these Terms, fraud, abuse, security interference, unlawful activity, or other conduct that could harm KIERIN, our customers, or third parties. Any obligations or liabilities incurred before suspension or termination survive to the extent applicable.


20. GENERAL

These Terms constitute the entire agreement. We may modify them at any time by posting changes to the Site. Continued use of the Site constitutes acceptance. If any part is found invalid, the rest shall remain enforceable.

For questions, please use our Contact Us page.


Sweepstakes & Giveaways:
Terms & Conditions and Official Rules for sweepstakes and giveaways will be posted separately on their respective event pages or linked from promotions.


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