The following terms and conditions (collectively, these "Terms and Conditions") apply to your use of kristophermark.com, including any content, functionality and services offered on or via kristophermark.com (the "Website") and Kristopher Mark Designs (the “Company”).
Please read the Terms and Conditions carefully before you start using kristophermark.com, because by using the Website you accept and agree to be bound and abide by these Terms and Conditions.
These Terms and Conditions are effective as of May 1, 2019. We expressly reserve the right to change these Terms and Conditions from time-to-time without notice to you. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Website. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions. All purchases (as described herein) are subject to these Terms. If you do not agree to these terms, you must stop using the Website.
To the extent you access the Services through a mobile or wireless device, your carrier's standard charges, data rates and other fees may apply.
Children under the age of 13 may not use the Website Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Website and the Services under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the trial or purchase of any Items, including all legal liability he or she may incur.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Kristopher Mark Designs reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Kristopher Mark Designs and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kristopher Mark Designs and its associates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post and that the content is accurate and that use of the content you supply does not violate this policy and will not cause injury to any person or entity and and that you will indemnify Kristopher Mark Designs or its associates for all claims resulting from content you supply. Kristopher Mark Designs has the right but not the obligation to monitor and edit or remove any activity or content. Kristopher Mark Designs takes no responsibility and assumes no liability for any content posted by you or any third party. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.
DIAMOND GRADING CERTIFICATES
When you order a loose diamond, you will receive an accompanying grading report (diamond certificate). These grading reports are detailed documents created by diamond grading experts diamond laboratories - making it very expensive to replace a diamond grading report. If it is necessary to return a loose diamond, we require each diamond grading report to be included with each return. If you do not include the diamond certificate with your return, you will be charged a replacement fee of Two Hundred and Fifty Dollars. ($250.00)
PRODUCT DESCRIPTIONS AND INFORMATION
At Kristopher Mark Designs, we make every attempt to ensure that the products in our online catalog are as accurate and complete as possible. However, Kristopher Mark Designs does not warrant that product descriptions or other content of this Website are complete, current, or error-free. If a product offered by Kristopher Mark Designs itself is not as described, your sole remedy is to return it in unused condition. To view our products in great detail, some products may appear larger or smaller than their actual size, and since every computer monitor is set differently, color and size may vary slightly.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, Kristopher Mark Designs states that carat total weight in all purchases may vary 0.05 carats from stated weight.
Measurements on manufactured products are based on the manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. Width tolerance on machine made wedding bands of 0.20mm is allowed. Cast manufactured rings can vary slightly more.
For gemstone and pearl measurements, a tolerance of 0.25mm is allowed.
For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.
By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Kristopher Mark Designs.
You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website.
YOUR MEMBERSHIP ACCOUNT
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Kristopher Mark Designs and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from Kristopher Mark Designs are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE IS PROVIDED BY KRISTOPHER MARK DESIGNS ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
KRISTOPHER MARK DESIGNS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KRISTOPHER MARK DESIGNS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KRISTOPHER MARK DESIGNS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM KRISTOPHER MARK DESIGNS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KRISTOPHER MARK DESIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TERM AND TERMINATION
This Terms and Conditions will become effective in relation to you when you start using kristophermark.com and will remain effective until terminated by you or by us. Kristopher Mark Designs reserves the right to terminate this Terms and Conditions or suspend your account at any time in case of unauthorized, or suspected unauthorized use of the Website whether in contravention of this Terms and Conditions or otherwise. If Kristopher Mark Designs terminates this Terms and Conditions, or suspends your account for any of the reasons set out in this section, Kristopher Mark Designs shall have no liability or responsibility to you.
Kristopher Mark Designs may assign this Terms and Conditions or any part of it without restrictions. You may not assign this Terms and Conditions or any part of it to any third party.
When you visit Kristopher Mark Designs or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Kristopher Mark Designs or its content suppliers and protected by international copyright laws. The compilation of all content on this Website is the exclusive property of Kristopher Mark Designs, with copyright authorship for this collection by Kristopher Mark Designs, and protected by international copyright laws.
Kristopher Mark Designs trademarks and trade dress may not be used in connection with any product or service that is not Kristopher Mark Designs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kristopher Mark Designs. All other trademarks not owned by Kristopher Mark Designs or its subsidiaries that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kristopher Mark Designs or its subsidiaries.
LICENSE AND WEBSITE ACCESS
Kristopher Mark Designs is based in the state of New Jersey in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
AGREEMENT TO ARBITRATE
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Term of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitration hearing will be held in the U.S. You or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Company subject to the arbitrator's discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Company customers, but is bound by rulings in prior arbitrations involving the same Company customer to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator's award may be entered in any court having jurisdiction.
PROHIBITION OF CLASS, REPRESENTATIVE, AND CONSOLIDATED ACTIONS
You and Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Company agree otherwise, the arbitrator may not join more than one party's claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Company customers. If for any reason a claim proceeds in court rather than in arbitration both you and Company each waive any right to a jury trial. You and Company also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
GOVERNING LAW AND JURISDICTION
Please review our other policies, such as our Shipping policy and Returns policy, posted on this Website, and all Additional Terms, which constitute the entire agreement between you and Kristopher Mark Designs with respect to the Website and supersede all prior and contemporaneous negotiations, agreements, proposals and understandings both written and oral, with respect to the Website. We reserve the right to make changes to our Website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.