Terms and Conditions

Terms and Conditions

Agreement between website User and Kiara Nova LLC

Welcome to http://www.kiaranova.com (aka the "Site"). Kiara Nova LLC's Site is comprised of various web pages operated by Kiara Nova LLC (aka the "Company). This Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices (aka the "Terms") herein. Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

This Site is an E-commerce site that is used by Kiara Nova LLC to provide access to information about the Company and our online stationery store.

Privacy

Your use of the Site is subject to the Company's Privacy Policy. Please review our Privacy Policy which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Site or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, whether via email or on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account, including your password, and restricting access to your computer. You agree to accept all responsibility for all activities that occur under your account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. Kiara Nova LLC reserves the right to refuse and/or cancel service, terminate accounts, or remove/edit content at our sole discretion.

Children Under Eighteen

The Company does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use this Site only with permission of a parent or guardian. If you are under 18 and are your own guardian, the Company reserves the right to request proof of guardianship. 

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites (aka "Linked Sites"). The Linked Sites are not under the control of the Company. The Company is not responsible for the contents of a Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Company of the site or any association with its operators.

Certain services made available via the Site are delivered by Third party sites and organizations. By using any product, service or functionality originating from the Site's domain, you herby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide requested product, service or functionality on behalf of the Site's and the Company's users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-transferable, non-exclusive, and revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to the Company that you will not us the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could disable, damage, overburden, or impair the Site or interfere with any other party's use of the Site. You may not obtain or attempt to obtain any materials of information through any means not intentionally made available or provided for you through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and software used on the Site, is property of the Company. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any content and will not make changes.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way exploit any of the content, in part or whole, found on the Site. The Company's content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Company and the Site's copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, implied or express, to the intellectual property of The Company or licensors except as expressly authorized by these Terms.

International Users

This Site and it's services are controlled, operated, and administered by the Company from our offices within the USA. If you access the Site from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use access of the Site's content in any country or in any manner prohibited by any applicable laws, regulations, or restrictions.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site and/or services, any user postings made by you, your violation of any terms of this Agreement or Your violation of any rights of a third party, or your violation of any applicable laws, regulations, or rules. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will fully cooperate with the Company in asserting any available defenses.

Arbitration

In the event that any non-resolvable dispute between you and the Company should arise out of or concerning the Terms, or any provision hereof, whether in contract, tort, or otherwise at law or in equality for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act. Arbitration shall be conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by both parties. Arbitration shall take place in a location mutually agreed upon by both parties.  The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal equitable action, proceeding, or arbitration arises out of or concerning the Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to the Terms or any disputes arising as a result of the Terms, whether directly or indirectly, including Tort claims that are a result of the Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of the Terms and Conditions.

Class Action Waiver

Any arbitration under the Terms will take place on an individual basis; class arbitrations and class/representative. collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDINGS, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERALATION AGAINST THE OTHER. Further more, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINES, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.  THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SIE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE OF SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restrictions

The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin and you hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of relation to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment. or agency relationship exists between you and the Company as a result of this agreement or use of the Site. The Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement and/or to the printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms and Conditions

The Company reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of any/all updates.

Contact Us

Kiara Nova LLC welcomes questions or comments regarding the Terms. Please contact us at terms@kiaranova.com.

These Terms and Conditions are in effect as of August 25, 2024.