PRIVACY POLICY & TERMS AND CONDITIONS   

PRIVACY POLICY

Effective Date: July 7, 2019

  • Kimberly Mich, (“Kimberly Mich,” “We,” “Us,” “Our”) is committed to protecting both the personal as well as business information you share and/or store with us. By using this website, you consent to this Privacy Policy, which applies to transactions and activities and data gathered through the Kimberly Mich Website and interaction you may have with its related Social Media accounts. Please review this Privacy Policy periodically as we may revise it without notice.

 

The Controller
 

  • The controller for the collection, processing and use of your personal data for www.kimberlymich.com ("website" or "our site") is: 

    Kimberly Mich

    • Email: info@ kimberlymich.com


Use by Kimberly Mich
 

  • As a visitor not registered on Kimberly Mich: 

    • By visiting a website, the files are sent from your browser to the site to allow the transfer of information. 

  • As a Kimberly Mich member: 

    • We protect direct access to your member account with a password. Your personal information will be collected on a secure server using a coding system called Secure Socket Layer (SSL). The collected data is kept safe and we will do our best to provide a high level of security. We handle your personal and account information carefully - and do not share it with anyone else. Remember to always disconnect completely when using public access computers. You are solely responsible for maintaining the confidentiality of your account.

 

The Collection, Processing, and use of Personal Data

 

  • Personal data is all information relating to an identified or identifiable natural person, such as name, date of birth, bank details. Generally, we collect information that may personally identify you when you voluntarily:
     

    • Register an account on this Website.

    • Place an order.

    • Enter a contest or sweepstakes.

    • Respond to a survey or communication such as e-mail.

    • Engage with another Website feature.

  • We collect, process and store your personal data as part of your Kimberly Mich membership. 

 

Account Registration
 

  • You may choose to create a personal account on our Website, which may require that you disclose certain personally identifiable information for identification, including a unique email address and demographic information (including, for example, zip code, day and month of your birth and back details).

 

Billing and Credit Card Information
 

  • In order to enable payment by you to fulfill your orders, we may collect name, address, telephone number, email address, credit card information, and other billing information. This information will only be shared with third parties who facilitate completion of the purchase transaction, such as by fulfilling orders and processing credit card payments.

 

  • We will not disclose your billing and/or credit card information with other third parties unless required by law or a court order, or unless disclosure is required to address an issue implicated by the financial transaction. For instance, if you claim that your billing and/or credit card information was used to make a purchase you did not authorize, details about the transaction may be disclosed to law enforcement and any party we deem necessary to address the matter.

 

Gift Recipient Information
 

  • We may also collect information about gift recipients, including name, delivery address, phone number, and other information, so that may be may be able to fulfill any purchases made on their behalf. We do not use the information we collect about gift recipients for marketing purposes.


Changes to Personally Identifiable Information
 

  • To change any personally identifiable information that you have shared with us, please access the “My Account” section of our Webpage. You may also contact at info@kimberlymich.com.


How is My Information Used?
 

  • The information we collect is used for a variety of purposes, such as:

    • To enable your use of our Services, such as enabling you to make purchases of clothing and accessories we have listed for sale by processing your transactions;

    • To perform statistical, demographic and marketing analyses of users of our Services to improve our relationship with our customers by personalizing your site experience where possible, allowing us to deliver the type of content and product offerings in which you are most interested;

    • To improve our service to you in responding to any of your customer service requests; for product development purposes and to generally inform advertisers about the nature of our subscriber base to improve our relationship with our customers;

    • To customize your experience by allowing advertising to be targeted to the users for whom such advertising is most pertinent; 

    • To administer contests, promotions, surveys, and/or other site features.

 

  • Without your explicit permission, we only disclose your personal data to third parties in order to fulfill our contractual obligations (for example, the delivery of our products by the carrier and the logistics companies) and for accounting purposes (eg collection companies or banks). These service providers explicitly use your data only for the purpose of the contract. 

 

  • If the legitimate purpose of the processing of your data is canceled or if the applicable law requires it, your personal data will be deleted accordingly. I authorize FashionNova to collect, process and use my personal data in accordance with this privacy policy.


Direct Communication
 

  • We may contact you via email, telephone, text, paper mail, or other delivery methods regarding the status and/or delivery of any products or services that you may have purchased through this Website.


E-mail List
 

  • Visitors to the Website who register an account or engage with other site features, such as marketing programs and “members only” content, will be given a choice whether they would like to be included on our email list and receive e-mail newsletters from us.

  • If you have opted-in to receive email newsletters from us, you may periodically receive communications including links to and information regarding sales, promotions, sweepstakes, and other information that we believe you may find interesting.

 

  • If you have not opted-in to receive email newsletters from us, you will not receive these e-mails.


How to Opt-Out of E-mail List
 

  • If you would no longer like to receive email newsletters from us, you can unsubscribe by selecting the unsubscribe link located at the bottom of any of our promotional emails.

How is My Information Stored?

  • We implement a variety of security measures in an effort to reasonably maintain the safety of your personal information.  Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

What Information is Collected Through Technology and by Third-Parties?

  • As you browse through our website and place orders, we automatically collect and store the following non-personal, or anonymous information about your visit:

    • The date and time you access our site;

    • The pages you visit on our site;

    • If you navigate to our site by clicking a link, the location of that link;

    • The technical capabilities of the computer you use to access our site;

    • The internet service provider You use to connect to our site (for example "companyX.com" if you have a commercial internet account, or "universityX.edu" if you connect from a university); and

    • The IP address (a number automatically assigned to your computer whenever you are surfing the internet) from which you access our site.

  • We use this information, in the aggregate, to make our website more useful to visitors — to learn about the number of visitors to our site and the types of technology used, to detect operational problems, and to improve the website's overall security.

Cookies, Beacons, Local Storage and Other Similar Technologies

  • Cookies, what are cookies? 

    • Cookies and flash cookies ("cookies") are data that are used in communications networks to store certain information needed when browsing. "Visit Cookies" identify a visit and are deleted after closing the page and "Cookies Permanents" remain permanently in your browsing history on your data carrier. 

    • You can delete the data from the browsing history or stop the of collected data.

    •  We use "cookies," Web beacons, HTML5 local storage and other similar technologies. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For example, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

    • You may choose to have your computer warn you each time a cookie is being sent, or you may even choose to turn off all cookies through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look to your browser Help menu to learn the correct way to modify your cookies. Do note, that if you turn cookies off, you may lose access to many features that make your experience on our website more efficient, and some of our services will not function properly. If you turn cookies off and are unable to place an order online through our website, you may still place orders over the telephone by contacting customer service.

    • We do not respond to browser-based "do not track" signals. 

    • We may transmit non-personally identifiable website usage information to third parties in order to show you advertising for Fashion Nova when you visit other sites.

  • What kind of cookies do we use? 

    • Kimberly Mich uses visiting cookies and permanent cookies. Cookies are necessary for easy and convenient navigation on our website. Visit cookies help us to update your cart according to your wishes during your visit to our website. Persistent cookies help us to display products that you might prefer. The information provided is anonymous without any link to personal data. 

  • How are cookies used by Third Parties?

    • ​We also use a third type of cookie on our website to improve our products and services. In particular, we use the following cookies:

      • ​We use Google Analytics, a web analytics service provided by Google Inc. 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google"). Google uses cookies to obtain information about our users' access to our website. The information about your browsing on our website generated by the cookie will normally be transferred to a Google server in the United States where it will be saved. Google will make your IP address anonymous in the EU Member States or other countries belonging to the European Economic Area agreements. Only in exceptional cases will the complete IP address be transferred to the Google server in the United States to be anonymous to other foreign countries. Google will use this information to evaluate your use of the website and to report on your activity. The IP address of your browser transferred by Google Analytics will not be shared with other Google files. You can refuse the storage of cookies by setting the appropriate adjustments on your browser. In addition, if you wish to prevent the processing of your data (including your IP address) generated by Google cookies, you can download and install the browser plugin: You can refuse the storage of cookies by setting the appropriate adjustments on your browser. In addition, if you wish to prevent the processing of your data (including your IP address) generated by Google cookies, you can download and install the browser plugin: You can refuse the storage of cookies by setting the appropriate adjustments on your browser. In addition, if you wish to prevent the processing of your data (including your IP address) generated by Google cookies, you can download and install the browser plugin:https://tools.google.com/dlpage/gaoptout?hl=en.

      • We use DoubleClick DART (Dynamic Advertising Reporting and Targeting) - Google Inc. Cookies, 1600 Amphitheater Parkway, Mountain View, CA 94043, United States ("Google"), to process information about your visits to sites Internet (ours and others) for marketing purposes. Technology provides targeted advertising services over the Internet. You can block the use of DoubleClick cookies. 


How can I prevent the use of cookies? 

 

  • You can prevent the storage of cookies by making appropriate adjustments on your browser. This could, however, result in limiting certain functions of our website. 

 

  • I give Kimberly Mich and its operating partners ("Third Party") permission to insert cookies. I can withdraw my consent by changing my browser settings to block cookies.


Analytics, Log Files and Reading History

  • We gather certain information automatically and store it in log files. This information may include IP addresses, browser type, operating system and other usage information about the use of our Services, including a history of the pages you view.

  • We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, including customized recommendations, advertising, to improve marketing, and to track access and use of our Services across the devices that you may use to access our Services.

  • We have hired third parties to provide us information, reports, and analysis about the usage, browsing patterns of our users. They may independently record the type of device and operating system you are using, general location information, as well as events that occur on our Website, such as how often you use our Website. 

 

Which Third-party Persons/Entities is My Personally Identifiable Information Shared With?

  • We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include www.kimberlymich.com. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep your information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. 

 

Third Parties

  • We may share information about our visitors in aggregate or de-identified form with third parties. Nothing in this Privacy Policy is intended to indicate a restriction of our use or sharing of aggregated or de-identified information in any way. 

  • We may also include links to third party websites on our Website in an attempt to provide you with increased value. These linked websites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including whether a specific link works). 

Disclosure by Necessity

  • We may occasionally access, preserve, and/or disclose personal information as required by law, for example, to comply with a court order or subpoena or we have a good faith belief that such action is necessary to:

    • Comply with the law or with legal process;

    • Protect and defend our rights and property;

    • Protect against misuse or unauthorized use of our Services; or transfer

    • Protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions). 

  • As we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company, or be bought by another company. In such transactions, personal information may be among the transferred assets.

  • Your information may be stored and processed in any country in which we maintain facilities or conduct operations. By using our Website, your personal information may be transferred outside of your country of use and/or residence.

  • When your account becomes inactive, your information may remain in our computers, electronic databases, and archives, and may not be reasonably capable of expungement.  

Children's Guidelines

  • COPPA Compliance. We do not knowingly collect or store any personal information about children under the age of 13.

 

Amendments

  • This Privacy Policy may be amended by us at any time and without notice, but only by amending this Policy as posted on this Website. Any amendments will become effective 30 days after being posted on the website unless circumstances require that a change is immediately implemented.

Using Social Plugins


Using Facebook Plugins 
 

  • We use Social Plugins from the Facebook social network, provided by Facebook Inc., 1601 California Ave., Palo Alto, CA 94304, USA ("Facebook"). The plugins are marked by the Facebook logo or with the addition of "social plug-in of Facebook" or "Facebook Social Plugin". You can preview Facebook Plugins here: http://developers.facebook.com/plugins. 

 

  • When you open a Kimberly Mich page that includes one of these plugins, your browser establishes a direct connection to the Facebook server. The content of the plugin will be transferred directly to your browser and integrated into the site. Thanks to this integration, Facebook receives information about your visits to our website, even if you do not have a Facebook profile or are not connected to your profile. This information (including your IP address) will be transferred directly to the Facebook server in the United States where it is also registered. If you are connected to Facebook, Facebook can immediately follow your visit to Kimberly Mich with your Facebook profile.If you interact with the plugins, for example by clicking on the "like" button or comments on something, this information will also be transferred and saved on the Facebook server. The information can also be published on your Facebook profile. For more information about the purpose and volume of the data collection, their subsequent processing and use by Facebook or your profile rights and settings regarding privacy policy protection, please check the Facebook Privacy Policy, http://www.facebook.com/policy.php. If you wish to prevent the transfer of your information to your Facebook profile, disconnect from your Facebook profile before visiting our website. You can also prevent Facebook plugins from loading by installing "Facebook Blocker" ( http://webgraph.com/resources/facebookblocker/ ). 


The use of Google + plugins (for example "+1") 
 

  • We use Google + social plugins, operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States ("Google"). Plugins are identifiable for example with the buttons with the sign "+1" on a white background or color.  When you open a page on our website that includes a Google + plugin, your browser establishes a direct connection to the Google server. The content of the plugin will be transferred directly to your browser and integrated into the site. With this integration, Google receives information about your visits to our website, even if you do not have a Google profile or are not connected to your profile. This information (including your IP address) will be directly transferred and saved on the Google server in the United States. If you're signed in to Google, Google can track your visit to FashionNova.com with your Google + profile. If you interact with the plugins, for example by clicking on the "like" button or comment on something, this information will also be transferred and saved on the Google server. This information will also be published on your Google + profile.  If you want to prevent the transfer of information collected on your Google + profile, sign out of your Google + profile before visiting our website. You can also prevent Google Plugins from loading by installing Script-Blocker "NoScript" ( http://noscript.net/ ). 


The use of Twitter plugins (eg the "Twitter" button) 
 

  • Kimberly Mich uses the plugins of the Twitter microblogging service, provided by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA ("Twitter "). The plugins are marked by the Twitter logo, a bluebird. 

  • If you visit a Kimberly Mich page that includes a Twitter plugin, your browser establishes a direct connection to the Twitter server. The content of the plugin will be transferred directly to your browser and integrated into the site. With this integration, Twitter receives information about your visits to our website, even if you do not have a Twitter profile or are not connected to your profile. This information (including your IP address) will be directly transferred and saved on the Twitter server in the United States. If you are connected to Twitter, Twitter can follow your visit on FashionNova.fr with your Twitter profile. If you interact with the plugins, for example by clicking on the "like" button or comment on something, this information will also be transferred and saved on the Twitter server. This information will also be posted on your Twitter profile. If you wish to prevent the transfer of the information collected on your Twitter profile, disconnect from your Twitter profile before visiting FashionNova. You can also prevent Twitter plugins from loading by installing Script-Blocker "NoScript" ( http://noscript.net/ ).
     

Data processing outside the EEA

 

  • Kimberly Mich is a company established in Puerto Rico. This means that your personal information is transferred and stored outside of the EEA in a jurisdiction that does not offer the same protection for your personal information as the country in which you are located. Personal data will be processed through the network of Wix servers. 

Information, correction, blocking and deletion of data; Right to retract

 

  • According to European legislation, you can request the information and data stored in relation to you and the correction, blocking and deletion of these data. You can contact us at any time see below for contact information. 

  • You may also wholly or partially withdraw your data from the collection, processing or use by Kimberly Mich. Please note that in such a case, the functionality of our website will be limited or removed. 

 

TERMS AND CONDITIONS

  • These Terms of Use, together with the policies and terms referred to below, set out the rules for using www.kimberlymich.com (“our site”), whether as a guest or a registered user. Use of our site includes accessing, browsing, shopping on or registering to use our site. Please read these Terms of Use carefully before you start to use our site. We recommend that you print and keep a copy of these Terms of Use for future reference. By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our site.

  • These are the legal terms and conditions under which We supply the products (“Products”) listed on our website www.kimnberlymich.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. Using our site indicates that you accept these terms and conditions together with our Privacy Notice here and Terms of Use here, regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, our Privacy Notice here or our Terms of Use here, do not use our site. 

 
Information about us
  • www.kimberlymich.com is a site operated by Kimberly Mich (“We”). We are a limited company registered in Puerto Rico.

Other applicable terms
  • Should you wish to purchase any goods shown or advertised on our site, the supply of those goods will be subject to our Terms and Conditions of Sale here. Our Privacy Notice (which sets out the terms on which We process your personal data) and our Cookie Policy (which sets out information about the cookies on our site) will also apply to your use of our site.

 
Changes to these Terms of Use
  • We may revise these Terms of Use at any time by amending this page. Every time you wish to use our site, please check these Terms of Use to ensure you understand the terms that apply at that time.

Access to our site

 

  • Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site at any time without notice. We will not be liable to you if for any reason all or part of our site is unavailable or interrupted at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

 
Your account and password
  • You may access most areas of our site without registering your details with us, but certain areas of our site will only be open to you if you register with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. We have the right to disable any user identification code, password or account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@kimberlymich.com.

 
Your use of our site
  • You may use our site only for lawful purposes. You may not use our site:

    • In any way that breaches any applicable local, national or international law, regulation or code of practice;

    • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

    • In any way that infringes any intellectual property right or right to privacy; and/or

    • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation to any person.

  • You also agree not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these Terms of Use. Breach of any of these conditions of use of our site constitutes a material breach of these Terms of Use.

 
Interactive services
  • We may from time to time provide interactive services to you on our site. For example, We may allow you to leave reviews of our products. Use of any of our interactive services by a minor is subject to the consent of their parent or guardian. By submitting any content to our site or through our interactive services, you agree that We shall have a non-exclusive, perpetual, royalty-free, worldwide right and licence to use, reproduce, distribute and make available such content on our site and in our marketing materials. We may, from time to time, if We consider it appropriate, moderate any interactive service provided on our site. However, We are under no obligation to do so. Moderation may be carried out automatically and/or manually, by us or by a third party on our behalf. Any content posted on our site by users through any interactive service does not necessarily reflect the opinions, views, values or ideals of Kimberly Mich or our personnel. We expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of these Terms of Use, whether the service is moderated or not. If you wish to complain about information or materials uploaded to our site by other users please contact us on info@kimberlymich.com.

 
Content standards
  • You must ensure that any and all information and material which you post to our site (User Content) and use of any interactive services associated with it complies with following standards. User Content must be accurate (where it states facts), be genuinely held (where it states opinions) and comply with applicable law in the Puerto Rico and in any country from which it is posted. Product reviews will only be accepted from genuine, verified purchasers in the correct language for the relevant website and will not be accepted from our employees. User Content must not:

    • Contain any material which is defamatory of any person, obscene, offensive, hateful, malicious or inflammatory or which promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; 

    • Infringe any intellectual property right of any other person;

    • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

    • Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;

    • Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any other person. In the case of product reviews, you may include your first name and location in your review, but should not include any other personal information; 

    • Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

    • Give the impression that it emanates from us, if this is not the case; 

    • Advocate, promote or assist any illegal activity or unlawful act; or 

    • Contain any advertising or promote any goods or services or links to other websites. 

  • We will determine, in our discretion, whether there has been a breach of these content standards through your use of our site. When a breach of these content standards has occurred, We may take such action as We deem appropriate and reserve the right to reject publication of any such User Content or delete such User Content from our site. If we reject a product review, we may send it back to you with an explanation of why it has been rejected and we may give you the opportunity to edit and resubmit your review. Failure to comply with these content standards constitutes a material breach of these Terms of Use. You will be responsible and will compensate us for any loss or damage We suffer as a result of you breaching these content standards.

 
Viruses, hacking and other offences
  • We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, we will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 
Intellectual property rights
  • All intellectual property rights in our site, and in the material published on it, are owned by us and our licensors. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 
Our trade marks are registered
  • Kimberly Mic and the logos for these marks are trade marks of Kimberly Mich. You are not permitted to use these trade marks without our approval, unless they are part of any material you are using as permitted above.

Changes to our site
  • We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

 
No reliance on information
  • The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although We make reasonable efforts to update the information on our site, We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 
Limitation of our liability in respect of your use of our site
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. If you are a business user: 

    • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;

    • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of or inability to use our site, or use of or reliance on any content displayed on our site; and 

    • We will not be liable for:

    • loss of profits, sales, business, or revenue;

    • business interruption;

    • loss of anticipated savings;

    • loss of business opportunity, goodwill or reputation; 

    • waste of management or office time; or

    • any indirect or consequential loss or damage.

  • If you are a consumer user, please note that We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and We have no liability to you for any loss of any business of yours (including but not limited to the types of loss and damage excluded in respect of business users set out in the paragraph above). The security of communications sent over the Internet (including by e-mail) is subject to many factors outside of our control. We do not guarantee the security or confidentiality of any electronic communications. We shall have no liability for your inability to connect to or to access our site which may result from any faults, errors or problems relating to your PC hardware, software, network or security, or your Internet service provider or any other similar problem. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We have no control over those websites and will not be liable for any loss or damage that may arise from your use of them.

Our rights
  • If We determine, in our discretion, that there has been a breach of these Terms of Use, We may take such action as We deem appropriate, which may include issuing a warning to you, withdrawing your right to use our site, taking legal proceedings against you and/or disclosing such information to law enforcement authorities as We reasonably feel is necessary.

 
Linking to our site
  • You may link pages of our site to your personal social media accounts where social media sharing plug-ins are available on our site. Any other linking to our site is prohibited without our prior written consent. You must not establish a link to our site:

    • in a way that is not fair or legal or which damages our reputation or takes advantage of it; 

    • in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or

    • in any website that includes unlawful or fraudulent content, has any unlawful or fraudulent purpose or effect or breaches the content standards set out above. 

  • You must not frame our site on any other site or create a link to any part of our site other than the home page without our prior written consent. We reserve the right to withdraw linking permission without notice.

  • If you wish to make any use of content on our site other than permitted in these Terms of Use, please contact info@kimberlymich.com.

Third party links and resources in our site
  • Where our site contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Applicable law
  • Please note that these Terms of Use or any dispute or claim arising out of or in connection with them or use of our site (whether or not contractual) shall be governed by Courts of the Commonwealth of Puerto Rico. If you are a consumer, your use of our site will be governed by Courts of the Commonwealth of Puerto Rico, except that if you are not resident in Puerto Rico then Puerto Rico's law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence. If you are a consumer, you and We both agree that the courts of Puerto Rico shall have non-exclusive jurisdiction over any dispute or claim arising from, or related to, these Terms of Use or use of our site (including non-contractual disputes or claims), save that nothing shall limit your legal rights to bring actions against us or to require proceedings to take place in the place of your residence. If you are a business or are using our site for business purposes, you and We both irrevocably submit to the exclusive jurisdiction of the courts of the Commonwealth of Puerto Rico.

Contact us

  • If you want to contact us in respect of our site, please contact us at info@kimberlymich.com. Thank you for visiting our site!

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