Terms of Use – Kendrascstt

These Terms of Use (“Terms”) govern your access to and use of Kendrascstt.com (the “Website”), including all content, features, and services offered on or through the Website (e.g., browsing jewelry, creating an account, placing orders, accessing customer support). By accessing or using the Website, you agree to be bound by these Terms, as well as our Privacy Policy, Terms of Purchase, and Refund Policy (all available on the Website). If you do not agree to these Terms, you may not access or use the Website.

1. Eligibility

To use the Website, you must meet the following requirements:

  • Be at least 13 years of age. If you are between 13 and 17 years old, you must obtain the consent of a parent or legal guardian to use the Website, and your parent/guardian must agree to these Terms on your behalf.
  • Have the legal capacity to enter into a binding contract (or have a parent/guardian act on your behalf if you lack such capacity).
  • Comply with all applicable local, state, federal, and international laws, regulations, and these Terms.
  • Not be prohibited from accessing the Website by any court order, legal restriction, or prior violation of our policies.

If you use the Website on behalf of a business, organization, or other entity, you represent that you have the authority to bind that entity to these Terms, and “you” shall refer to both you and the entity.

2. User Accounts

2.1 Account Creation & Maintenance

  • To access certain features of the Website (e.g., saving order history, storing shipping addresses, tracking orders for pendant necklaces or huggie earrings), you may create a user account. When creating an account, you must provide accurate, complete, and up-to-date information (including your name, email address, and a secure password).
  • You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You must notify Kendrascstt immediately at [email protected] if you suspect any unauthorized access to or use of your account (e.g., unknown orders for band rings, changes to personal information).
  • We reserve the right to suspend or terminate your account at our discretion if:
  • You provide false, incomplete, or outdated information (e.g., a fake email address, incorrect shipping details).
  • You violate these Terms, our Privacy Policy, or any other applicable policy.
  • Your account is inactive for a continuous period of 12 months (we will notify you via email at least 30 days before termination to allow you to reactivate it).

2.2 Account Responsibilities

  • You may not share your account credentials with any third party or allow others to use your account.
  • You agree to use your account only for legitimate purposes (e.g., browsing or purchasing jewelry, managing your orders) and not for fraudulent, illegal, or unauthorized activities (e.g., creating multiple accounts to exploit promotions, accessing others’ accounts without permission).

3. Permitted & Prohibited Uses of the Website

3.1 Permitted Uses

You may use the Website only for the following lawful purposes:

  • Browsing, searching, and learning about Kendrascstt’s jewelry (pendant necklaces, huggie earrings, band rings) and related accessories.
  • Creating and managing a user account (if eligible) to access account-specific features.
  • Placing orders for products in accordance with our Terms of Purchase.
  • Contacting customer support for assistance with orders, returns, or product questions (e.g., inquiries about metal type or gemstone care).
  • Accessing and using content on the Website for personal, non-commercial purposes (e.g., viewing product images to decide on a purchase, saving favorite styles to your account).

3.2 Prohibited Uses

You may not use the Website for any of the following activities. We reserve the right to take legal action against you if you violate these restrictions:

  • Illegal or Fraudulent Activity: Violating any law or regulation (e.g., fraudulently placing orders with stolen payment information, using the Website to sell counterfeit Kendrascstt jewelry).
  • Unauthorized Access: Attempting to access, modify, or disable any part of the Website (e.g., hacking, scraping, or using automated tools like bots to collect product data—such as jewelry pricing or design details—without our prior written permission).
  • Disruption of Services: Interfering with the Website’s functionality (e.g., transmitting viruses, malware, or other harmful code; overloading servers with excessive requests; disrupting order processing systems for jewelry purchases).
  • Misuse of Content: Copying, reproducing, distributing, modifying, or creating derivative works of any content on the Website (including product images, descriptions, logos, and brand names) without prior written permission from Kendrascstt (see Section 4 for intellectual property details).
  • Harassment or Abuse: Posting, transmitting, or sharing content that is defamatory, harassing, threatening, obscene, discriminatory, or harmful (e.g., hate speech based on race, gender, or religion) in any user-generated areas of the Website (if applicable, such as product review sections).
  • Impersonation: Pretending to be another person, entity, or representative of Kendrascstt (e.g., using a fake email address to pose as customer support, creating a fake account to mislead other users about jewelry quality or availability).
  • Exploitation of Promotions: Manipulating promotions, discounts, or coupon codes (e.g., creating multiple accounts to use a single-use coupon for jewelry purchases multiple times, combining incompatible offers).

4. Intellectual Property

  • All content on the Website, including but not limited to logos, trademarks, product images (of pendant necklaces, huggie earrings, band rings), descriptions, text, videos, and software (“Intellectual Property”), is owned by or licensed to Kendrascstt. The “Kendrascstt” name and logo are registered trademarks of Kendrascstt, and all other trademarks displayed on the Website are the property of their respective owners.
  • You are granted a limited, non-exclusive, non-transferable license to access and use the Intellectual Property solely for your personal or business use of the Website (e.g., viewing product images to make a purchase decision, sharing a jewelry product link with a friend). This license does not allow you to:
  • Sell, rent, sublicense, or distribute any Intellectual Property.
  • Use the Intellectual Property for commercial purposes other than placing orders on the Website (e.g., using Kendrascstt’s logos to promote another jewelry brand).
  • Alter or remove any copyright, trademark, or other proprietary notices from the Intellectual Property.
  • Any unauthorized use of the Intellectual Property may violate copyright laws, trademark laws, and these Terms, and may result in legal liability.

5. Third-Party Links & Content

The Website may contain links to third-party websites, services, or content (e.g., social media platforms like Instagram or Facebook, payment processors like PayPal, or jewelry review sites). These links are provided for your convenience only, and Kendrascstt does not endorse, control, or assume responsibility for any third-party content, products, or services.

  • We have no control over the accuracy, legality, or safety of third-party websites, and you access them at your own risk.
  • These Terms do not apply to third-party websites—you should review the terms of use and privacy policies of any third-party site you visit before using it.

6. Disclaimer of Warranties

The Website and all content, features, and services offered on or through the Website are provided “as is” and “as available” without any warranties of any kind, either express or implied. To the maximum extent permitted by law:

  • Kendrascstt disclaims all implied warranties, including but not limited to warranties of merchantability (that the Website will meet your expectations for jewelry browsing/purchasing), fitness for a particular purpose (that the Website will work for your intended use), and non-infringement (that the Website will not infringe on any third-party rights).
  • We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. Technical issues (e.g., server downtime, slow loading of product images) may occur, and we are not liable for any disruption to your use of the Website.
  • We do not warrant the accuracy, completeness, or reliability of any content on the Website (e.g., product descriptions, gemstone details, sizing guides). We reserve the right to correct errors or update content at any time without notice.

Your use of the Website is at your sole risk. If you are dissatisfied with the Website or these Terms, your sole remedy is to stop using the Website.

7. Limitation of Liability

To the maximum extent permitted by law, Kendrascstt shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your access to or use of the Website (or inability to access or use the Website), including but not limited to:

  • Damages from lost profits, data, or business opportunities (e.g., a jewelry boutique losing sales due to website downtime).
  • Damages from unauthorized access to or use of your account (e.g., fraudulent orders for band rings placed under your name).
  • Damages from errors, omissions, or inaccuracies in Website content (e.g., purchasing the wrong ring size due to a misleading sizing guide).
  • Damages from viruses, malware, or other harmful components obtained through the Website.

Our total liability to you for any claim arising out of or related to these Terms or the Website shall not exceed $100. This limitation applies regardless of whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory.

8. Indemnification

You agree to indemnify, defend, and hold harmless Kendrascstt, its affiliates, employees, officers, directors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your access to or use of the Website.
  • Your violation of these Terms or any applicable law, regulation, or third-party right (e.g., infringing on a third party’s intellectual property related to jewelry designs).
  • Your account activities (including unauthorized use by others, if you failed to secure your credentials).
  • Your submission of any content to the Website (if applicable, such as product reviews that defame another user or make false claims about jewelry quality).

9. Changes to These Terms

Kendrascstt reserves the right to modify these Terms at any time. When we make changes, we will:

  • Post the updated Terms on the Website (Kendrascstt.com) with a new “Last Updated” date at the top.
  • Notify registered users via email (to the address associated with their account) if the changes are material (e.g., updates to prohibited uses, liability limitations, or account termination rules).

Your continued access to or use of the Website after the changes take effect constitutes your acceptance of the updated Terms. We recommend reviewing these Terms periodically to stay informed of any changes.

10. Termination

  • We may terminate or suspend your access to the Website at our discretion, without notice, if you violate these Terms, engage in any prohibited activity, or pose a risk to Kendrascstt or other users.
  • Upon termination, your right to access and use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination (e.g., Intellectual Property, Limitation of Liability, Indemnification) will remain in effect.

11. Governing Law & Disputes

  • These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.
  • Any dispute arising out of or related to these Terms or the Website shall first be resolved through good-faith negotiation by contacting Kendrascstt at [email protected]. If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. Arbitration shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding on both parties.
  • You waive any right to a jury trial or class action lawsuit related to any dispute arising out of these Terms or the Website.

12. Contact Us

If you have questions, concerns, or disputes related to these Terms or your use of the Website, please contact our customer service team at [email protected]. We will respond within 24-48 business hours and work to resolve your issue in a timely manner.