TERMS & CONDITIONS

KIERIN HOLDINGS LLC WEBSITE TERMS & CONDITIONS

Effective Date: January 1, 2025

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. The policy addresses rights under:

CPRA (California Privacy Rights Act)
GDPR (General Data Protection Regulation)
CAN-SPAM (U.S. Email Marketing Laws)

We also comply with the Children's Online Privacy Protection Act (COPPA) and do not knowingly collect personal information from anyone under 13.

3. COOKIE POLICY

We use cookies and similar tracking technologies to enhance your browsing experience, analyze traffic, and serve targeted advertisements. Continued use of our Site implies consent. Please refer to our Cookie Policy for more details.

4. THIRD-PARTY PLATFORMS

We use Shopify (e-commerce), Klaviyo (email marketing), and ManhattanMinds (communications). These platforms may collect and store data as described in their respective privacy policies.

5. PRODUCT USE & AVAILABILITY

All products and services are for personal use only. We reserve the right to limit or cancel orders that appear to violate this policy.

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 and 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, or scraping tools
Impersonate any person or misrepresent your affiliation
Upload harmful code or engage in spam
Violate any laws or third-party rights

9. USER ACCOUNTS

You are responsible for maintaining your account's confidentiality. Notify us immediately of unauthorized use. 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, email us at contact@kierin-nyc.com with your name, email, reason, and date of the post.

13. COPYRIGHT INFRINGEMENT

If you believe your copyrighted work has been infringed, please notify our legal counsel:

Yan Senouf, Esq.
Wachtel Missry LLP
One Dag Hammarskjold Plaza
885 Second Avenue, New York, NY 10017
ysenouf@wmllp.com / +1 (212) 909-9510

14. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

Use of the Site is at your own risk. The Site is provided "AS IS" without warranties. We are not liable for indirect, incidental, or consequential damages. In any event, our liability will not exceed $100 USD.

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 New York law. Disputes shall be resolved by binding arbitration in New York 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, email us at contact@kierin-nyc.com 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 2.1 Level AA standards, aiming to make our Site usable for all individuals, including those with disabilities. If you encounter any difficulty accessing any part of the Site, please contact us at contact@kierin-nyc.com.

19. 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, contact us at: contact@kierin-nyc.com

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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