TERMS & CONDITIONS

Terms & Conditions

Welcome to the Goldman Kolber LLC website, www.gkjewelrycares.org (the "Website"). The Website is owned and operated by Goldman Kolber LLC ("Goldman Kolber LLC"). Please take a few minutes to review these Terms and Conditions, and our Privacy Policy. You hereby agree that these Terms and Conditions apply to your access and use of the Website and your use of any aspect of the Website constitutes your agreement to follow these Terms and Conditions and to be bound by them. If you do not agree with these Terms and Conditions do not use or further access this Website.

Terms and Conditions Subject to Change:

Goldman Kolber LLC reserves the right to update or modify these Terms and Conditions at any time without prior notice and you will be bound by those updates whether you have read them or not. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Website.

Intellectual Property:

All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations — both individually and as they are compiled on the site (collectively, the "Intellectual Property") – are the property of Goldman Kolber LLC and the Intellectual Property is protected by applicable federal, state, and local intellectual property laws.

The Intellectual Property, further including any trademarks or trade dress of Goldman Kolber LLC, may not be used without prior express written permission. Trademarks or trade dress include Goldman Kolber LLC's name and logo, and any other graphics, logos, page headers, button icons, scripts, and service names of Goldman Kolber and/or Goldman Kolber LLC's products, services, and programs. Users may not electronically copy and/or print hard copies of pages from the Website unless solely for personal, non-commercial purposes related to placing an order or shopping with Goldman Kolber LLC or through one of our authorized retailers.

User Comments:

Goldman Kolber LLC welcomes your comments about our Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Website shall be and remain the exclusive property of Goldman Kolber LLC. Your submission of any such Comments shall constitute an assignment to Goldman Kolber LLC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in and to the Comments. Goldman Kolber LLC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Authorization to Contact You

You agree to receive calls, including autodialed and/or pre-recorded message calls, from Goldman Kolber LLC at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

a. To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our Agreement) or as authorized by applicable law.

b. To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section of your Privacy Policy.

DISCLAIMER: THE WEBSITE, AND ALL CONTENT AVAILABLE ON THIS WEBSITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES OR UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE including, but not limited to, implied arranties of merchantability, fitness for a particular purpose, and non-infringement.. FURTHERMORE, FOUNDATION ENTERPRISES DISCLAIMS ANY AND ALL WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold Goldman Kolber LLC responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of or your inability to use our services, delays or disruptions in our services, viruses or other malicious software obtained by accessing, or linking to, our services, glitches, bugs, errors, or inaccuracies of any kind in our services, damage to your hardware device from the use of any of our services, or a suspension or other action taken with respect to your account or breach of this agreement. Use of this Website is entirely at the user's own risk, and user assumes full responsibility for all costs associated with all necessary servicing or repairs of any equipment used in connection with such use. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY OF OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES FURTHER THAT FOUNDATION ENTERPRISES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM ALL OF THE FOREGOING RESTS ENTIRELY WITH USERS OF THE WEBSITE. NEITHER FOUNDATION ENTERPRISES NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Goldman Kolber LLC may not, as a matter of applicable law, disclaim any warranty or limit its liability, the scope and duration of such warranty and the extent of our liability to you or any third party will be the minimum permitted under such law. Inaccuracy Disclaimer: From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Goldman Kolber LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order) and such changes will be applied retroactively.

Termination

Goldman Kolber LLC may delete your account at any time and for any reason, with or without notice or liability to you. These Terms and Conditions survive termination of use of the Website and/or termination of your account.

Massachusetts Law Governs:

You and Goldman Kolber LLC agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our Agreement or your use of or access to Goldman Kolber LLC sites, services, applications, and tools, or any products or services sold or purchased through Goldman Kolber LLC services sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and Goldman Kolber LLC have against each other are resolved. Accordingly, these Terms and Conditions are governed by the laws of the State of Massachusetts, without respect to its conflict of laws principles. Goldman Kolber LLC and any Website user each agree to submit to the personal jurisdiction of a state court located in Norfolk County, State of Massachusetts or the Federal Eastern District of Massachusetts.

Indemnity

You will indemnify and hold Goldman Kolber LLC (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of Goldman Kolber LLC services or your breach of any law or the rights of a third party.

Assignment:

These Terms and Conditions, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned in whole or in part by Goldman Kolber LLC without restriction.

Severability

If any of the terms, provisions, or conditions contained in these Terms and Conditions shall be deemed invalid, void, or otherwise unenforceable, that specific term, provision, or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms, provisions, and conditions.

No Waiver

No waiver of any term in these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Goldman Kolber LLC failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

Headings and Waiver

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement

This Agreement, The Goldman Kolber LLC Privacy Policy, and all polices set forth the entire understanding and agreement between you and Goldman Kolber LLC and supersedes all prior understandings and agreements of the parties.

PRIVACY & SAFETY

Goldman Kolber LLC Website Privacy Policy.

This Website is owned and operated by Goldman Kolber LLC, Inc. We understand that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. In order to demonstrate our firm commitment to protecting your privacy, we have created this privacy statement disclosing the information gathering and dissemination practices for this website, and explaining how Goldman Kolber LLC, Inc. ("GK," "us" or "we") uses and protects your information. By using Goldman Kolber LLC,  www.gkjewelrycares.org and any of its related sites, application, services and tools (collectively, the “Website”), you expressly consent to our collection, use, disclosure, and retention of your personal information as described in this Privacy Policy. Accordingly, this Privacy Policy describes your privacy rights regarding our collection, use, storage, sharing, and protection of your personal information.

By accessing and using the Website, you certify that you have read, understand, and agree to this Privacy Policy ("Privacy Policy"), regardless of whether you are a registered account ("Account") holder (registered and non-registered Account holders, and any other user of the Website collectively, "User" or "Users"). The Website is owned, operated, and administered by Goldman Kolber LLC, Inc.. Goldman Kolber LLC, Inc. reserves the right, in its sole discretion, to change, modify, add, or delete portions of this Privacy Policy at any time without further notice and such modifications are, unless otherwise stated in this Privacy Policy, effective immediately. If this Privacy Policy is modified, such changes shall be posted on the Website. You should check the Website's Privacy Policy from time to time to ensure that you agree with any changes. User's continued use of the Website after any such changes constitutes User's acceptance of the revised Privacy Policy. If User does not agree to this or any future Privacy Policy, User shall not use or access (or continue to use or access) the Website.

Data Collection

The information we learn from Users not only enables us to provide services to our customers, but also helps us to personalize and continually improve User's Website experience. When a User registers an Account with Goldman Kolber LLC, Inc., or otherwise make use the Website, a User may voluntarily provide certain information to Goldman Kolber LLC, Inc. including, but not limited to, User's legal name, contact information including physical address and/or email address, demographic information such as post code or location, login credentials for the Website, payment information (such as payment card details), purchase and transaction information and any other information (including, without limitation, personally identifiable information) User provides to Goldman Kolber LLC, Inc. (collectively, "Data"). You should not provide Goldman Kolber LLC, Inc. with any Data or submit any Data to Goldman Kolber LLC, Inc. unless you would like that Data to be used by Goldman Kolber LLC, Inc. in accordance with this Privacy Policy. Except as noted in this Privacy Policy, your Data is NOT sold, rented or shared with third parties without your consent.

Goldman Kolber LLC, Inc. also receives and stores certain types of other, non-personally identifiable, information whenever you interact with the Website. This information includes, but is not limited to, your Internet Protocol ("IP") address, device type, operating system type, browser type, domain and other system settings, language preferences, country and time zone where your device is located, address of the web page that referred you to our Website, and information about your interaction with the Website, such as which pages you visit and which products you view (collectively, "Other Information"). Gathering of this Other Information assists Goldman Kolber LLC, Inc. in providing a better Website experience for the User by, for example and without limitation, providing the User with improved products, services, and/or advertising tailored to the User's personal preferences. This Other Information will be treated as non-personally identifiable for purposes of this Privacy Policy. Of course, if we do combine this Other Information with personally identifiable Data, then such Other Information will be treated as personally identifiable for the duration that it is combined. We cooperate with requests from law enforcement and government officials conducting criminal investigations in accordance with our Privacy Policy to help keep our community safe.

Use of Cookies

Like most website operators, Goldman Kolber LLC, Inc. uses cookies to collect and store User's preferences, usage habits, and record session information. A cookie is a small data file that is transferred to User's hard drive and used for record-keeping purposes. A cookie file can contain information such as the URL, computer IP address, domain type, browser type, the country, state, and telephone area code where User's server is located, the pages of the Website viewed, and any search terms entered on the Website. These cookies allow Goldman Kolber LLC, Inc. to customize the Website content to User's preferences, profile, and/or demographic information. Goldman Kolber LLC, Inc. does not link the stored information to any personally identifiable information. Users may configure their browser to accept or reject all or some cookies, or notify User when a cookie is set. Users must enable cookies from Website in order to use some functions on the Website. For the exhaustive list of cookies we collect see the List of cookies we collect.

Use of Collected Information

Goldman Kolber LLC, Inc. is NOT in the business of renting or selling your important information to others. Accordingly, Goldman Kolber LLC, Inc. will not disclose, sell, rent or otherwise transfer User Data, except as otherwise provided for in this Privacy Policy, in the Terms of Use, or as required or permitted by applicable law. Goldman Kolber LLC, Inc. will only disclose, transmit, share, or provide access to User Data and/or Other Information as follows: (a) as provided in the Terms of Use or this Privacy Policy; (b) pursuant to User's consent, authorization, or designation; (c) to Goldman Kolber LLC, Inc. agents, employees, or contractors as necessary, in Goldman Kolber LLC, Inc.'s discretion, to perform or provide the products or services requested or purchased by User; (d) as required by law, subpoena, or order of any court or government agency having jurisdiction over Goldman Kolber LLC, Inc.; and/or (e) if Goldman Kolber LLC, Inc. or the Website are purchased in whole or in part, in which event the third-party purchaser will have access to and use of the Data in accordance with the Terms of Use and this Privacy Policy. Goldman Kolber LLC Inc. may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our Terms of Use or protect our operations or users.

Goldman Kolber LLC, Inc. will use the collected information to provide its services to its Users and to make the User's Website experience as enjoyable as possible. Accordingly, we may use your collected information to customize your content and make suggestions for you, send you updates on products or services, and/or respond to any comments or submissions you make to Goldman Kolber LLC, Inc.. Additionally, Goldman Kolber LLC, Inc. gathers information for internal record keeping and internal market research purposes. To that end, we may use the gathered information identified herein to customize the website according to your interests and/or contact you by email to request additional information.

When providing information to the Website, you may be able to restrict the collection or use of your personal information by checking a box on certain forms indicating that you do not want the information to be used by anybody, including Goldman Kolber LLC, Inc., for direct marketing purposes. If you have previously agreed, either explicitly or in accordance with the terms of this Privacy Policy, to Goldman Kolber LLC, Inc. using your personal information for direct marketing purposes, and no longer wish for Goldman Kolber LLC, Inc. to use your personal information in that way, you may communicate your preference by writing to Goldman Kolber LLC, Inc., 185 Dean Street, Norwood, MA 02062 or by emailing Goldman Kolber LLC at sales@gkjewelry.com. You may also request details of personal information which we hold about you by reviewing your User Account details through the Website, or by writing or emailing to the addresses above. If User believes that any information held by Goldman Kolber LLC is incorrect or incomplete, User agrees to either update such information through the Website or to write or email Goldman Kolber LLC, Inc. as soon as possible with the correct or complete information.

Furthermore, Goldman Kolber LLC, Inc. may use third-party analytics services to help analyze how Users make use of the Website. The information collected for this purpose is not personally identifiable (e.g. your IP address or other information not individually identifiable). Such information will be disclosed to or collected directly by these service providers.

Security

Goldman Kolber LLC, Inc. takes the security of User's Data and other personal information very seriously and wants Users to feel comfortable using the Website. Accordingly, Goldman Kolber LLC, Inc. has implemented industry standard technology designed to keep User Data and other personal information safe. We offer the use of a secure server. All supplied sensitive/credit information that you may offer to us is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than sixty (60) days. If and when we request a credit card for orders, we will reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing, and you agree to allow us to do so. If you do give us your credit card information, it is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off or log off when finished using a shared computer.

Passwords

All Accounts are password protected. When Users create an Account, Users shall choose a unique username and password. Users shall not disclose their username or password to any third party or permit any third party the use of their username or password. Furthermore, Users are solely responsible for maintaining the confidentiality of their username and password and for any and all activities that occur under that name and password. User may change his/her password at any time. User is solely liable for all activity, whether or not authorized by User, which occurs under User's Account or password. User shall immediately notify Goldman Kolber LLC, Inc. if User has any suspicion that an unauthorized party is accessing User's Account. Know that Goldman Kolber LLC, Inc. will never ask for User's password in an unsolicited phone call or email.

Right to Delete/Terminate Account

Goldman Kolber LLC, Inc., in its sole discretion, may delete User's Account or Data with or without notice or liability to User. Goldman Kolber LLC, Inc. reserves the right to permanently block any User who violates this Privacy Policy or the Terms of Use. Even after deletion of an Account, Goldman Kolber LLC, Inc. may retain User Data for archival purposes (as long as reasonable for business or legal purposes). This Data is maintained to allow Goldman Kolber LLC, Inc. to recover Data and restore Account(s) in the event of equipment or system failure or to abide by legal requirements.

Third Party Links

The Website may contain links to other websites. Goldman Kolber LLC, Inc. is not responsible for, and shall have no liability to User with respect to, the privacy policies, terms of use, content, products, services, and/or operations, practices or policies on these other websites. When linking to another website a User should read the terms of use and privacy policy posted on that website. Goldman Kolber LLC, Inc.'s Terms of Use and Privacy Policy only govern Goldman Kolber LLC, Inc.'s Website. When accessing a third-party website via a link, the User is leaving Goldman Kolber LLC, Inc.'s Website and is conducting User's business or other transactions with such other third-party, not with Goldman Kolber LLC, Inc..

Email Choice/Opt-out

User may choose not to receive Email updates, notifications, and/or advertisements related to the Website by choosing the appropriate opt-out option in the email containing such notification or advertisement. All such updates, notifications, and advertisements will also include instructions for opting-out of those communications in the future.

International Users

Goldman Kolber LLC, Inc. may collect, process, and maintain User information in the United States, where privacy laws may not be as protective as in a User's home country. Users using the Website from outside the United States are consenting to the transfer of User's information to the United States for processing and maintaining in a manner consistent with this Privacy Policy.

California Online Privacy Protection Act Compliance: We value your privacy, and so if you are located in California, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties pursuant to those regulations without your consent.

Children under 13 and 18

The Goldman Kolber LLC website is a general audience website, and we are in compliance with the requirements of the Children's’ Online Privacy Protection Act ("COPPA"). We do not knowingly collect personal information from children under 13. If we learn that we have collected the personal information of a child under 13 years of age we will take steps to delete the information as soon as possible. If we sell products and if you are under 18, you may use our site only with the involvement of a parent or guardian.

Our Companywide Commitment to Your Privacy: To ensure that your personal information is secure, we communicate our privacy and security guidelines to our employees and strictly enforce privacy safeguards within the company.

Mergers, Acquisitions and Bankruptcy

In the event that Goldman Kolber LLC, Inc. is acquired by or merged with any third party entity, Goldman Kolber LLC, Inc. reserves the right, in any of these circumstances, to transfer or assign Users' Data, and the licenses obtained from User for Data, and any information Goldman Kolber LLC, Inc. has collected from User. In the unlikely event of Company's bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, Goldman Kolber LLC, Inc. may not be able to control how User's personal information is treated, transferred, or used. Last Updated: November 22, 2013 ND: 4820-6171-2406, v. 1

Mobile Privacy. We may offer you the ability for you to connect with our sites, or use our applications, services, and tools using a mobile device, either through a mobile application or via a mobile optimized website. The provisions of this Privacy Policy apply to all such mobile access and use of mobile devices. This Privacy Policy will be referenced by all such mobile applications or mobile optimized websites.

When you download or use our Mobile Applications, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location based services or products, such as advertising, search results, and other personalized products and content. Most mobile devices allow you to control or disable location services in the device's setting's menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or the manufacture of your particular device.

Effective for current users: May, 1, 2020 and superseding all previous versions of the Privacy Policy

JOIN OUR MAILING LIST

©2020 Goldman Kolber LLC

  • White Facebook Icon
  • White Instagram Icon
  • Twitter
  • White Pinterest Icon
  • White YouTube Icon
0