Terms of service

Before you read this extensive document, please know that I am a genuine, dedicated and hardworking person :) This document to ensure that my work is protected and that you remain happy with any exchange that you have with us. I’ve spent many years creating this brand and am excited to share my work with you. I appreciate your visit to my site and thank you in advance for reading!

Without further ado…

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE (WHICH IN ALL INSTANCES AND FOR ALL PURPOSES INCLUDE OUR PRIVACY POLICY AND TERMS OF SALE), BECAUSE THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND kittystoykovich.com

Thank you for visiting kittystoykovich.com (the “website kittystoykovichdesigns”) which is owned and operated by Kitty Stoykovich Designs, which is a sole proprietorship (“Kitty Stoykovich”, “we”, “us”, or “our”), the makers of Kitty Stoykovich Designs Jewelry.  

Please read these Terms and Conditions of Use (“Terms of Use”) carefully because by using our website kittystoykovich.com does not in any way (including without limitation, using or downloading any content (as defined herein) available from or through our website kittystoykovich.com (or attempting to do any of these) it means that you agree to be bound by and comply with these Terms of Use, which includes and incorporates our Privacy Policy and Terms of Sale, and when we refer to our Terms of Use below, we mean it shall include our Privacy Policy and Terms of Sale as well.

Content and Copyright, Trademark, and Related Issues
The website kittystoykovich.com and its entire contents, features and functionality, including but not limited to, all information, software, text, displays, images, graphics and audio, and the design, selection and arrangement thereof, and all other material contained on the website kittystoykovich.com we make available on our website kittystoykovich.com (collectively, the "content") are owned by Kitty Stoykovich Designs, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and are for your personal informational purposes only. 

We authorize you to view the content solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, republish, download, store or transmit any content, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the website Copyright Policy
    Kitty Stoykovich Designs respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Kitty Stoykovich Designs’ Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” 

It is Kitty Stoykovich Designs policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are concerned about the removal of or blocked access to your content, please provide Kitty Stoykovich Designs with the written information specified below in the form of a “Counter-Notification.” The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Websitehttps://www.copyright.gov). 

 

Entire Agreement; Amendment
These Terms of Use (which in all instances and for all purposes include our Privacy Policy and Terms of Sale) constitute the sole and entire agreement between you and Kitty Stoykovich Designs with respect to the Website Copyright Policy
Kitty Stoykovich Designs respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Kitty Stoykovich Designs’ Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” 

It is Kitty Stoykovich Designs policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are concerned about the removal of or blocked access to your content, please provide Kitty Stoykovich Designs Copyright Agent with the written information specified below in the form of a “Counter-Notification.” The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Websitehttps://www.copyright.gov). 


Your Comments and Concerns

kittystoykovich.com is operated by Kitty Stoykovich Designs

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy, above, in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website kittystoykovich.com should be directed to kitty@kittystoykovich.com.

Thank you for visiting the website  and its use, and supersede all prior and contemporaneous understandings, agreements, representations, warranties, promises and discussions, both written and oral, with respect to the website kittystoykovich.com. The course of dealing, course of performance, course of conduct, prior dealings, usage of trade, community standards, industry standards, and customary standards and customary practice or interpretation in matters involving the sale, delivery, use, or service of similar or dissimilar products or services shall not serve as references in interpreting these Terms of Use in whole or in part.

Only Kitty Stoykovich Designs has the authority to agree to amendments to these Terms of Use, and to be and be considered binding, any amendments must be in writing and executed by a designated officer of Kitty Stoykovich Designs.



Entire Agreement; Amendment
These Terms of Use (which in all instances and for all purposes include our Privacy Policy and Terms of Sale) constitute the sole and entire agreement between you and Kitty Stoykovich Designs with respect to the Website kittystoykovich.com and its use, and supersede all prior and contemporaneous understandings, agreements, representations, warranties, promises and discussions, both written and oral, with respect to the website Copyright Policy
Kitty Stoykovich Designs respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Kitty Stoykovich Designs’ Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” 

It is Kitty Stoykovich Designs policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are concerned about the removal of or blocked access to your content, please provide Kitty Stoykovich Designs Copyright Agent with the written information specified below in the form of a “Counter-Notification.” The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Websitehttps://www.copyright.gov). 


Your Comments and Concerns

kittystoykovich.com is operated by Kitty Stoykovich Designs

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy, above, in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website kittystoykovich.com should be directed to kitty@kittystoykovich.com.

 

Thank you for visiting the website kittystoykovich.com

WE MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING should be directed to kitty@kittystoykovich.com.

Thank you for visiting the website kittystoykovich.com

WE MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING for your own personal, non-commercial use and not for further reproduction, publication or distribution.

  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from  kittystoykovich.com.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from  kittystoykovich.com.

You must not access or use for any commercial purposes any part of the website kittystoykovich.com or any services or materials available through the website kittystoykovich.com.

You may not use content in any way not expressly permitted by these Terms of Use and if you do, your right to use the content will automatically terminate and you hereby agree to immediately cease all use of the website kittystoykovich.com and the content. The content and the website kittystoykovich.com generally, are subject to change or termination by Kitty Stoykovich Designs without notice. 

The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on our website kittystoykovich.com belong to us or have been licensed to us. Nothing contained on our website kittystoykovich.com should be construed as granting any license or right to use any Trademark displayed on kittystoykovich.com. Your use/misuse of the Trademarks displayed on our kittystoykovich.com, except as provided in these Terms of Use, is strictly prohibited.

Kitty Stoykovich Designs will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.

User Submissions
The Personal Information you submit to the website kittystoykovich.com is governed by the Privacy Policy. When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, email address, gender and any other information that would allow someone to identify you or contact you. You agree you will not send, upload or transmit any communication or content of any type that infringes or violates any rights of any party or violate these Terms of Use. By submitting or otherwise exchanging communications or content, you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted ("User content"), are the sole responsibility of the person from whom such User content originated, and you agree that such User content will not be considered or treated as confidential and (i) you acknowledge and understand others may see, read, use or re-transmit such User content, (ii) you explicitly represent and warrant that you are the owner of such User content or have all rights and licenses necessary regarding such User content and (iii) that Kitty Stoykovich Designs is thereby granted a royalty-free, paid-up, perpetual, irrevocable, unrestricted world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User content in any media or medium, or any form, format, or forum now known or hereafter developed. 

Kitty Stoykovich Designs may sublicense its rights through multiple tiers of sublicenses. Kitty Stoykovich Designs is however under no obligation to read, monitor, cease use of or remove (except in accordance with our DMCA policy), use or continue to use, the User content. 


Linking / Third Party Links on Our Website
Our website kittystoykovich.com may contain links to other Web website kittystoykovich.com. kittystoykovich.com does not recommend, monitor, control or endorse any third-party advertising or content, or the content on any third-party Web website kittystoykovich.coms and is not responsible for kittystoykovich.coms’ terms of use or privacy policies or how they may treat your information. Your use of third-party website kittystoykovich.com is at your own risk. Please be mindful of this as you link to other websites. 

In general, kittystoykovich.com does not object to links to our kittystoykovich.com site from third-party kittystoykovich.com. However, you must abide by the following rules:

  • Unless we have a separate and specific written agreement with you, you may not use any of our Trademarks in or with your links, except that you may link to our website kittystoykovich.com using the plain text name of our website kittystoykovich.com.
  • Do not present the link to our website kittystoykovich.com in any way that suggests Kitty Stoykovich Designs or our website has any relationship or affiliation with your website or endorses, sponsors or recommends the information, products or services on kittystoykovich.com, unless you have the following:
    • A separate and specific written agreement with Kitty Stoykovich Designs, Sole Proprietorship
    • And in this case, you are allowed to link only to the home page of our website kittystoykovich.com.
    • And do not, without Kitty Stoykovich Design’s express written permission: (a) incorporate any content from our website your website or any 3rd party website (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our website kittystoykovich.com in any "metatag" or other information used by search engines or other information location tools to identify and select kittystoykovich.com.

Kitty Stoykovich Designs will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful website that may adversely affect the name, reputation and goodwill of Kitty Stoykovich Designs or its employees, officers, owners, vendors or customers.

Without limiting any other remedy available at law or in equity, Kitty Stoykovich Designs reserves the right to cancel permission to link at any time, for any reason. 

Disclaimer of Warranties

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 programs, data, or other proprietary material due to your use of the website kittystoykovich.com or any services or items obtained through the website kittystoykovich.com or to your downloading of any material posted on it, nor any website kittystoykovich.com linked to it. 

Your use of the website kittystoykovich.com, its content, and any services or items obtained through the website kittystoykovich.com are provided on an “as is” and “as available” and “with all faults” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty, condition, or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website kittystoykovich.com. 

Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website kittystoykovich.com, its content or any services or items obtained through the website kittystoykovich.com will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website kittystoykovich.com or the server that makes it available are free of viruses or other harmful components or that the website kittystoykovich.com or any services or items obtained through the website kittystoykovich.com will otherwise meet your needs or expectations.

Kitty Stoykovich Designs, Sole Proprietorship, hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, title, non-infringement and fitness for particular purpose. 

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability
In no event will Kitty Stoykovich Designs, Sole Proprietorship, Its affiliates or their respective licensors, service providers, store fronts, retailers, employees, agents, officers, managers, or owners be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website kittystoykovich.com or any website linked to it, any content (including without limitation user content) on the website kittystoykovich.com or such other website or any services or items obtained through the website kittystoykovich.com or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits of any kind, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable and whether or not Kitty Stoykovich Designs, Sole Proprietorship, has been advised of the possibility of damages. 

If, for any reason, Kitty Stoykovich Designs, Sole Proprietorship, shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to US $1,000.00 notwithstanding any claim that such remedy fails of its essential purpose.


Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law, you should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.

Indemnification
You agree to defend, indemnify and hold harmless Kitty Stoykovich Designs, its affiliates, licensors and service providers, and its and their respective owners, officers, directors, managers, retail stores, retail affiliates, store fronts, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, actions, demands, liabilities, damages, judgments, settlements, awards, losses, costs, expenses or fees (including reasonable accountant’s and attorneys' fees) arising out of or relating to, or alleged to arising out of or relate to, your violation of these Terms of Use or your use of the website kittystoykovich.com, including, but not limited to, your user content, any use of the website kittystoykovich.com’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from kittystoykovich.com.  

Governing Law and Jurisdiction
All matters relating to the kittystoykovich.com and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule (whether of the State of New Hampshire or any other jurisdiction).

You expressly agree and personally submit to the exclusive jurisdiction of the courts of the State of New Hampshire, to adjudicate and resolve any dispute with Kitty Stoykovich Designs, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Website kittystoykovich.com, including, Content or user content.  

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the website kittystoykovich.com shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Hampshire in each case located in the City of Concord. 

YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO CLAIM THAT THE STATE OF New Hampshire IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES. Notwithstanding the foregoing, Kitty Stoykovich Designs retains the right, in its sole and absolute discretion, to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Kitty Stoykovich Designs is based in Concord, New Hampshire in the United States of America. At this time Kitty Stoykovich Designs only sells jewelry in the continental United States of America and Canada and most international countries. 

Kitty Stoykovich Designs makes no claims that the website kittystoykovich.com, any content or user content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the website kittystoykovich.com from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE (INCLUDING OUR PRIVACY POLICY OR TERMS OF SALE) OR THE WEBSITE KITTY STOYKOVICH DESIGNS OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE KITTYSTOYKOVICH.COM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability
No waiver by Kitty Stoykovich Designs of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kitty Stoykovich Designs to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Survival of Terms
Any terms or conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms of Use.
Modification

We may modify these Terms of Use, including our Privacy Policy and Terms of Sale, at any time and although we will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our website kittystoykovich.com. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.

Delivery
At this time, we sell only in the USA and Canada, but we ship internationally. Shipping and handling charges will depend on the value of your order, where the merchandise is being shipped, and your required shipping time.  You can find a list of our shipping and handling charges and our delivery terms on the checkout page.

Your order will be shipped to you by one of Kitty Stoykovich Designs third party carriers. The exact carrier delivering your item(s) will be identified in the shipping confirmation email you will receive once your order has shipped.

Kitty Stoykovich Designs is not responsible for any loss of the products following shipment from Stoykovich Designs or its agents’ facilities to your delivery address. Any loss or damage should be taken up with the carrier who delivered the products.

Disclaimers of Warranties
To the maximum extent permitted by applicable law, Kitty Stoykovich Designs disclaims all warranties and conditions of any kind, whether legal, statutory or otherwise, express or implied (including implied warranty of merchantability and fitness for particular purpose, title, quality and non-infringement), relating kittystoykovich.com or any content, information or goods accessed, offered, purchased or sold through  kittystoykovich.com or their use, suitability or availability or any transaction conducted on kittystoykovich.com, whether arising from statute, course of dealing, usage of trade or otherwise. 

Kitty Stoykovich Designs makes no representations or warranties and provides no conditions in connection with KITTYSTOYKOVICH.COM  or any content, information or goods accessed or offered through KITTYSTOYKOVICH.COM  or their use.

Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.

Limitation of Liability
In no event and under no circumstances shall Kitty Stoykovich Designs or its members, managers, officers, directors, employees, or agents be liable to any party for any direct or indirect, actual, incidental, special, exemplary, consequential or punitive damages of any nature  (INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OF ANY KIND, LOSS OF OPPORTUNITY AND ANY PROPERTY DAMAGE, INJURY, ILLNESS OR DEATH), whether in contract, in tort or otherwise, even if Kitty Stoykovich Designs has been advised of or should have known of the possibility of such damages, including for damages arising in connection with or relating in any manner whatsoever to:

(A)  kittystoykovich.com; (B) any content, information or goods accessed, offered, purchased or sold through KITTYSTOYKOVICH.COM  or their use, suitability or availability (including inability to use); (C) any transaction conducted on  KITTYSTOYKOVICH.COM ; and (D) any unauthorized access to or alternation of your data or personal information.

EACH PROVISION OF THESE TERMS OF SALE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND COLLEEN MAUER DESIGNS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND KITTYSTOYKOVICH.COM . THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE WEBSITE KITTYSTOYKOVICH.COM , ANY CONTENT ON THE WEBSITE KITTYSTOYKOVICH.COM , OR THESE TERMS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE KITTYSTOYKOVICH.COM  AND DO NOT COMPLETE YOUR PURCHASE. YOU ACKNOWLEDGE, BY CLICKING YOUR ACCEPTANCE TO THESE TERMS OF SALE, THAT YOUR USE OF THE WEBSITE KITTYSTOYKOVICH.COM AND ANY PURCHASE OR USE OF ANY ITEMS OFFERED FOR PURCHASE THEREIN IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of Kitty Stoykovich Designs for damages of any nature or kind suffered by you shall in no event exceed the purchase price of your transaction for the item involved in your claim.

Applicable Law; Disputes

Kitty Stoykovich Designs is located, and controls the website kittystoykovich.com, from its offices within the State of New Hampshire. At this time, we do not sell jewelry outside the United States of America and Canada, but we do ship internationally.

THE TERMS OF SALE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW HAMPSHIRE WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES OF ANY JURISDICTION.  

ANY DISPUTE SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN CONCORD, NEW HAMPSHIRE, U.S.A., AND YOU HEREBY IRREVOCABLY AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURTS. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THESE TERMS OF SALE SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH  KITTY STOYKOVICH DESIGNS AND/OR THESE TERMS OF SALE WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS PARAGRAPH, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. The Terms of Sale are not enforceable by any party except for Kitty Stoykovich, Kitty Stoykovich Designs, and its customers. 

Additional Terms and Resources
If you ordered your merchandise through kittystoykovich.com, your purchase is subject to these Terms of Sale, and your use of the website kittystoykovich.comis subject to the website kittystoykovich.com

Terms of Use

Any personally identifiable information provided to Kitty Stoykovich Designs through the website kittystoykovich.com is subject to the kittystoykovich.com's Privacy Policy.  

The various section headings used herein are inserted for convenience of reference only and shall not affect the meaning or be used in the interpretation of these Terms of Sale or any section thereof. For purposes of these Terms of Sale: (a) the words "include," "includes" and "including" shall be deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to these Terms of Sale as a whole. If any term, provision, covenant, or condition of these Terms of Sale is held by a court or arbitral panel of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Kitty Stoykovich Designs shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control, including weather-related and other uncontrollable shipping delays. The delay or failure of Kitty Stoykovich Designs to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit Kitty Stoykovich Designs rights with respect to such breach or any subsequent breaches.

Changes to Terms of Sale
The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the checkout process. Kitty Stoykovich Designs may modify its Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to an order placed after the effective date of the modification. Therefore, each time you place an order with Kitty Stoykovich Designs you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.