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Terms & Conditions

TERMS AND CONDITIONS

 

1. USE OF THIS WEBSITE

 

This website is owned and operated by Vincent Kimberly Designs (hereinafter "we," "us," or "our"), and is intended for your personal use and information only. Your use of this website is subject to the following Terms and Conditions (hereinafter the “Terms”) and all applicable laws. By accessing and using this website, you agree to use our website for lawful purposes only and to comply with these Terms, all applicable laws and regulations, without limitation. You may not use our website in any manner that could interfere with the operation of our services or infringe upon the rights of others. If you do not agree with these Terms, whether in whole or in part, please do not use this website.

 

2. ACCURACY OF INFORMATION

 

We strive to ensure that all information provided on our website is accurate, complete, and up-to-date. However, we cannot guarantee the absolute accuracy of all content at all times.

 

We make every effort to accurately display the attributes of our products, including colours, sizes, and descriptions. However, please note that the actual colours you see depend on your monitor's display and may not precisely represent the actual colours of the products. We cannot guarantee that your computer system will accurately display such colours.

 

While we endeavor to provide accurate pricing information, errors may occur. In the event that a product is listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed.

 

Product availability may vary and is subject to change without notice. We cannot guarantee the availability of all products at all times. If a product you have ordered is not available, we will notify you as soon as possible and provide options for a substitute or refund.

 

Despite our best efforts, there may be occasions when information on our website contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

 

Our website may contain links to third-party websites or resources. We do not endorse and are not responsible for the accuracy or reliability of any content, advertising, products, services, or other materials on or available from such third-party websites or resources.

 

3. INTELLECTUAL PROPERTY

 

All content on our website, including, but not limited to, text, graphics, logos, images, HTML code, audio clips and video clips, is the property of Vincent Kimberly Designs, or its licensors, and is protected by copyright and other intellectual property laws. Consequently, you may not copy, reproduce, republish, download, transmit, distribute, modify, or create derivative works of our content, in whole or in part, without our prior written consent.

 

4. INFORMATION TRANSMITTED

 

We take reasonable measures to ensure the security of information transmitted between your browser and our servers. You are responsible for maintaining the confidentiality of any account credentials, passwords, or personal identification numbers (PINs) associated with your use of our website. You agree to notify us immediately of any unauthorized access to or use of your account.

 

We may communicate with you via email for various purposes, including order confirmation, account updates, promotional offers, and customer service inquiries. While we take measures to protect the security and confidentiality of email communication, please be aware that email is not a secure form of communication and may be subject to interception, alteration or loss.

 

We may engage third-party service providers to facilitate the transmission of information or to perform services on our behalf. These service providers may have access to your personal information only to the extent necessary to perform their duties and are contractually obligated to maintain the confidentiality and security of your information.

 

5. USERNAME AND PASSWORD

 

In order to access certain features of our website, you may be required to create an account by providing accurate and current information as prompted by the registration form. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password.

 

You are solely responsible for maintaining the accuracy and security of your account information. You agree to provide accurate, current, and complete information during the registration process and to update your account information promptly if it changes.

 

If you become aware of any unauthorized access to or use of your account, or if you suspect that your account credentials have been compromised, you agree to notify us immediately. We reserve the right to suspend or terminate your account and refuse any and all current or future use of our website if we believe that your account has been accessed or used improperly or without authorization.

 

If you forget your password or believe that someone else has accessed your account, you may be able to reset your password using our password recovery process. You may be required to provide certain information to verify your identity before a new password is issued.

 

You agree not to share your account credentials with anyone else or to allow anyone else to access your account. You also agree not to use the account credentials of another user without permission. Any unauthorized use of your account or any other breach of security should be reported to us immediately.

 

6. ORDERS AND SHIPPING

 

By placing an order through our website, you agree to provide accurate and complete information, including your shipping address, contact information, and payment details. You also agree to comply with any additional terms and conditions that may apply to specific products or services.

 

All orders placed on our website will be processed within 1-2 days, excluding holidays. We will endeavour to send you an email confirmation with details of your order, including the products purchased, the total cost, and the estimated delivery date. Please review your order confirmation carefully and contact us immediately if you notice any errors or discrepancies.

 

Shipping costs are calculated based on the weight of the products, the shipping method selected, and the delivery destination. You will be provided with an estimated shipping cost during the checkout process. Please note that additional charges may apply for expedited shipping or special delivery requests.

 

We make every effort to ship orders promptly and deliver them within the estimated delivery time frames. However, please note that delivery dates are estimates only and are not guaranteed. Actual delivery times may vary depending on factors such as product availability, shipping destination, and carrier delays.

 

We take care to package products securely to prevent damage during transit. In the unlikely event that your order is damaged or lost during shipping, please contact us immediately so that we can assist you in filing a claim with the carrier and arranging for a replacement or refund.

 

Once an order has been submitted, it may not be possible to cancel or modify it. If you need to make changes to your order, please contact us as soon as possible, and we will do our best to accommodate your request.

 

7. FORUMS

 

Our website may provide forums, discussion boards, or other interactive features where users can post content, comments, or messages. You are solely responsible for any content that you post, upload, or transmit on our forums, including text, images, videos, links, and other materials. You agree to abide by the following guidelines when participating in our forums:

 

  • Treat other users with respect and courtesy. Do not engage in personal attacks, harassment, or discriminatory behavior.

  • Do not post any content that is unlawful, defamatory, obscene, threatening, infringing on intellectual property rights, or otherwise objectionable.

  • Contribute to discussions in a meaningful and relevant manner. Avoid spamming, off-topic posts, or excessive self-promotion.

  • Do not disclose personal or sensitive information about yourself or others without their consent.

  • Comply with all applicable laws, regulations, and our website's terms of use when participating in our forums.

  • We reserve the right to moderate our forums and remove any content that violates these guidelines or is otherwise inappropriate. We may also suspend or terminate your access to our forums if you repeatedly violate these guidelines or engage in abusive behavior.

 

By posting, uploading, or transmitting content on our forums, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media.

 

The views expressed by users in our forums are their own and do not necessarily reflect the views of our company. We do not endorse or guarantee the accuracy, completeness, or reliability of any user-generated content on our forums.

 

While we may monitor our forums periodically, we are under no obligation to do so. We do not assume any responsibility for monitoring our forums for inappropriate or unlawful content. However, we reserve the right to remove or edit any content that violates these guidelines or our terms of use.

 

Participation in our forums is at your own risk. We are not responsible for any user-generated content posted on our forums, and we disclaim all liability for such content to the fullest extent permitted by law.

 

8. MONITORING

 

We reserve the right to monitor and review all activity on our website, including but not limited to user-generated content, forum discussions, and interactions between users. This monitoring may be conducted manually or through automated means.

 

The purpose of monitoring is to ensure compliance with our Terms, enforce our policies, protect the integrity and security of our website, and improve the overall user experience. Monitoring may also be necessary to investigate reports of abuse, violations, or suspicious activity.

 

By using our website, you consent to the monitoring of your activities as described in this section. This includes the collection and analysis of data related to your interactions with our website, such as your browsing history, preferences, and behavior.

 

In the course of monitoring, we may collect various types of data, including but not limited to:

 

  • User-generated content, such as comments, reviews, and forum posts.

  • Information about your device and browser, such as IP address, operating system, and browser type.

  • Usage data, such as pages visited, links clicked, and time spent on our website.

 

The data collected through monitoring may be used for various purposes, including, but not limited to:

 

  • Enforcing our Terms and other policies.

  • Investigating and responding to reports of abuse, violations, or suspicious activity.

  • Analyzing user behavior and preferences to improve our website and services.

  • Protecting the security and integrity of our website and users.

 

We will retain monitored data for as long as necessary to fulfill the purposes outlined in this section or as required by law. After the retention period expires, we may delete or anonymize the data in accordance with our data retention policies.

 

We may disclose monitored data to third parties, including but not limited to law enforcement agencies, regulatory authorities, and service providers, as necessary to comply with legal obligations, enforce our policies, or protect the rights and safety of our website and users.

 

You acknowledge and agree that your activities on our website may be monitored and that you have no expectation of privacy with respect to such activities. You further agree that we may use and disclose monitored data as described in this section.

 

9. LINKS

 

Our website may contain links to third-party websites or resources for your convenience. These links are provided solely for informational purposes and do not imply endorsement or approval of the content, products, services, or policies of these third-party websites.

 

We are not responsible for the content, accuracy, or reliability of any third-party websites or resources linked to or from our website. You acknowledge and agree that your use of any third-party websites is at your own risk and subject to the terms and conditions and privacy policies of those websites.

 

You may link to our website from your own website or social media accounts, provided that:

 

  • You do not imply any endorsement or affiliation with our company without prior written consent.

  • Your website or social media accounts do not contain content that is unlawful, defamatory, obscene, threatening, or otherwise objectionable.

  • Your website or social media accounts comply with all applicable laws, regulations, and our terms and conditions.

 

We reserve the right to request the removal of any link to our website that we believe violates our terms and conditions or is otherwise inappropriate. We also reserve the right to revoke our consent to link to our website at any time without prior notice.

 

We make no representations or warranties regarding the availability, accuracy, or reliability of any third-party websites linked to or from our website. We disclaim all liability for any damages or losses arising from your use of or reliance on any third-party websites.

 

10. DEALINGS WITH THIRD PARTIES

 

Our website may feature products, services, advertisements, or promotional offers from third-party vendors, advertisers, or affiliates ("Third Parties"). Any dealings with Third Parties are solely between you and the Third Party, and we are not responsible for any transactions, disputes, or interactions between you and Third Parties.

 

Third Parties may provide content, information, or materials on our website, including but not limited to product listings, reviews, or advertisements. We do not endorse, guarantee, or warrant the accuracy, completeness, or reliability of any Third-Party content, and we disclaim all liability for any damages or losses arising from your use of or reliance on Third-Party content.

 

Our website may contain links to third-party websites or resources for your convenience. These links are provided solely for informational purposes and do not imply endorsement or approval of the content, products, services, or policies of these third-party websites. Your use of any third-party websites is at your own risk and subject to the terms and conditions and privacy policies of those websites.

 

Any transactions or payments you make with Third Parties, including purchases of products or services, are governed by the terms and conditions, policies, and practices of the Third Party. We are not a party to any such transactions and disclaim all liability for any disputes, damages, or losses arising from your dealings with Third Parties.

 

We make no representations or warranties regarding the quality, safety, legality, or suitability of any products, services, or content provided by Third Parties. Your interactions with Third Parties are solely at your own risk, and we disclaim all liability for any damages or losses arising from such interactions.

 

11. COOKIES

 

Our website uses cookies and similar technologies to enhance your browsing experience, analyze website traffic, and provide personalized content and advertisements. By using our website, you consent to the use of cookies in accordance with this section and our Privacy Policy.

 

Cookies are small text files that are stored on your device when you visit our website. We may use the following types of cookies on our website:

 

  • Essential Cookies: These cookies are necessary for the website to function properly. They enable basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

 

  • Analytical/Performance Cookies: These cookies allow us to analyze how visitors use our website, including which pages are visited most often, how visitors move around the website, and whether they encounter any errors. This information helps us improve the performance and usability of our website.

     

  • Functionality Cookies: These cookies enable the website to provide enhanced functionality and personalization, such as remembering your preferences and settings. They may be set by us or by third-party providers whose services we have added to our website.

 

  • Advertising/Targeting Cookies: These cookies are used to deliver advertisements that are more relevant to you and your interests. They may be used by advertising networks to track your browsing activity across different websites and to show you targeted ads based on your browsing history and interests.

 

  • Third-Party Cookies: We may also use third-party cookies on our website, such as those provided by Google Analytics, Facebook, and other advertising and analytics providers. These third parties may collect information about your browsing activity on our website and other websites, which may be combined with information they collect from other sources.

 

Some cookies may be set by third-party services or advertisers that are integrated into our website. These third parties may use cookies to collect information about your online activities across different websites and services.

 

You can control and manage cookies through your browser settings. Most web browsers allow you to block or delete cookies, adjust cookie preferences, or receive notifications when cookies are being sent. However, please note that blocking or deleting cookies may affect the functionality of our website and your ability to access certain features.

 

By continuing to use our website, you consent to the use of cookies as described in this section and our Privacy Policy. If you do not consent to the use of cookies, please disable cookies in your browser settings or refrain from using our website.

 

12. EXCLUSION OF WARRANTIES

 

Our website and all content, products, and services provided on or through our website are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

 

  • We do not warrant that our website will meet your requirements, be uninterrupted, error-free, or secure, or that any defects or errors will be corrected. We do not warrant that any information, content, products, or services obtained through our website will be accurate, reliable, or of any particular quality or suitability for your intended use.

 

  • We do not warrant that any products or services purchased or obtained through our website will meet your expectations or requirements, or that they will be free from defects or errors. We do not warrant that any products or services will be fit for a particular purpose or will be of merchantable quality.

 

  • We do not warrant the accuracy, completeness, or reliability of any third-party content, products, or services provided on or through our website. We do not endorse, guarantee, or warrant the performance, safety, legality, or suitability of any third-party content, products, or services.

 

  • We do not warrant that our website or any content, products, or services provided on or through our website will be available at all times, without interruption, or error-free. We reserve the right to modify, suspend, or discontinue any aspect of our website at any time without prior notice.

 

Any reference to third-party products, services, websites, or resources on our website is provided for informational purposes only and does not constitute an endorsement or recommendation by us. We do not endorse, guarantee, or warrant the quality, safety, legality, or suitability of any third-party products, services, websites, or resources.

 

While we strive to provide accurate and up-to-date information on our website, we do not warrant or guarantee the accuracy, completeness, or reliability of any information, content, products, or services provided on or through our website. We do not warrant that any errors or defects will be corrected.

 

13. LIMITATION OF LIABILITY

 

In no event shall Vincent Kimberly Designs, its affiliates, officers, directors, employees, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business, arising out of or in connection with your use of our website or any products, services, or content provided on or through our website, whether based on contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

 

To the maximum extent permitted by applicable law, our total liability to you for all claims, liabilities, damages, losses, costs, and expenses arising out of or in connection with your use of our website or any products, services, or content provided on or through our website, whether based on contract, tort, negligence, strict liability, or any other legal theory, shall be limited to the amount you paid, if any, for accessing or using our website or purchasing products or services from us.

 

In no event shall Vincent Kimberly Designs be liable for any consequential, incidental, indirect, special, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, or loss of business opportunity, arising out of or in connection with your use of our website or any products, services, or content provided on or through our website, even if Vincent Kimberly Designs has been advised of the possibility of such damages.

 

Vincent Kimberly Designs shall not be liable for any damages, losses, or liabilities arising out of or in connection with any third-party claims, demands, or actions related to your use of our website or any products, services, or content provided on or through our website.

 

The limitations of liability set forth in this section shall apply to the fullest extent permitted by applicable law, regardless of whether any remedy provided herein fails of its essential purpose. Vincent Kimberly Designs makes no representations or warranties regarding the accuracy, reliability, or completeness of any information, content, products, or services provided on or through our website.

 

14. INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless Vincent Kimberly Designs, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses, including but not limited to attorneys' fees, arising out of or in connection with:

 

  • Your use of our website

  • Your violation of these Terms or any applicable laws, regulations, or third-party rights

  • Any content or materials that you post, upload, transmit, or otherwise make available on or through our website

  • Any transactions or interactions with third parties, including but not limited to purchases of products or services

  • Any breach of any representations, warranties, or agreements made by you in these Terms

 

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses. You agree not to settle any such matter without our prior written consent.

 

You agree to promptly notify us in writing of any claims, demands, or actions brought against you by any third party that may give rise to indemnification obligations under this section. We reserve the right to assume the exclusive defense and control of any such matter at our own expense.

 

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The provisions of this Indemnification section shall survive any termination or expiration of these Terms.

 

This indemnification obligation shall apply to the fullest extent permitted by applicable law, regardless of any negligence, fault, or breach of duty by Vincent Kimberly Designs or any other indemnified party.

 

15. RESPONSIBILITY FOR YOUR COMPUTER SYSTEM

 

By accessing or using our website, you acknowledge and agree that you are solely responsible for ensuring that your computer system meets the necessary requirements to access and use our website. These requirements may include but are not limited to:

 

  • Internet access with sufficient bandwidth to support website functionality.

  • Compatible web browser software with JavaScript enabled.

  • Adequate hardware capabilities to display website content, including images, videos, and interactive features.

 

You are responsible for implementing and maintaining appropriate security measures to protect your computer system from viruses, malware, or other harmful components. These measures may include but are not limited to:

 

  • Installing and regularly updating antivirus and firewall software.

  • Using strong, unique passwords for your accounts and regularly changing them.

  • Keeping your operating system and software applications up to date with the latest security patches and updates.

  • Exercising caution when downloading files or clicking on links from unknown or suspicious sources.

 

We make no representations or warranties regarding the compatibility, security, or reliability of your computer system with our website. We disclaim all liability for any damages, losses, or disruptions to your computer system arising out of or in connection with your access or use of our website.

 

Our website may rely on or interact with third-party software, plugins, or services to provide certain features or functionality. You are responsible for complying with any terms and conditions and privacy policies of such third-party software providers.

 

Any reference to third-party software or services on our website is provided for informational purposes only and does not constitute an endorsement or recommendation by us. We do not endorse, guarantee, or warrant the performance, safety, or suitability of any third-party software or services.

 

16. RISKS RELATED TO THE INTERNET AND VIRUSES

 

You acknowledge and agree that the internet is inherently insecure and may be subject to various risks, including but not limited to:

 

  • Interruptions, delays, or unavailability of internet services.

  • Security breaches, hacking, or unauthorized access to your computer system or data.

  • Transmission errors, data loss, or corruption during electronic communication.

 

You are responsible for implementing and maintaining appropriate security measures to protect your computer system from viruses, malware, or other harmful components. These measures may include but are not limited to:

 

  • Installing and regularly updating antivirus and firewall software.

  • Exercising caution when downloading files or clicking on links from unknown or suspicious sources.

  • Keeping your operating system and software applications up to date with the latest security patches and updates.

 

You acknowledge and agree that accessing or using our website may expose you to the risk of viruses, malware, or other harmful components that may infect your computer system or compromise your data security. While we take reasonable measures to protect our website and users, we cannot guarantee that our website will be free from viruses or malware.

 

Any reference to third-party websites, software, or services on our website is provided for informational purposes only and does not constitute an endorsement or recommendation by us. We do not endorse, guarantee, or warrant the security or reliability of any third-party websites, software, or services.

 

17. DAMAGES TO OTHERS

 

You agree to be solely responsible for any damages, losses, or liabilities incurred by third parties as a result of your use of our website, including but not limited to:

 

  • Any content, information, or materials that you post, upload, transmit, or otherwise make available on or through our website.

  • Any transactions or interactions with third parties, including but not limited to purchases of products or services.

  • Any violation of these Terms and Conditions or any applicable laws, regulations, or third-party rights.

 

Vincent Kimberly Designs shall not be liable for any damages, losses, or liabilities incurred by third parties as a result of your use of our website, including but not limited to:

 

  • Any content, information, or materials posted, uploaded, transmitted, or otherwise made available on or through our website by other users.

  • Any transactions or interactions between you and third parties, including but not limited to purchases of products or services.

  • Any violation of these Terms and Conditions or any applicable laws, regulations, or third-party rights by other users.

 

Any reference to third-party products, services, websites, or resources on our website is provided for informational purposes only and does not constitute an endorsement or recommendation by us. We do not endorse, guarantee, or warrant the quality, safety, legality, or suitability of any third-party products, services, websites, or resources.

 

18. RESPONSIBILITY FOR MINORS

 

Our website is intended for use by adults, and we do not knowingly collect personal information from individuals under the age of 18 without parental consent. If you are under the age of 18, you may only use our website with the involvement and supervision of a parent or guardian.

 

If you are a parent or guardian and you believe that your child has provided personal information to us without your consent, please contact us immediately so that we can take appropriate action to remove such information and terminate your child's access to our website.

 

While we strive to provide a safe and appropriate online environment for users of all ages, we cannot guarantee that all content on our website will be suitable for minors. Parents and guardians are responsible for monitoring and supervising their children's use of our website to ensure that it is appropriate for their age and maturity level.

 

We disclaim all liability for any damages, losses, or liabilities incurred by minors as a result of their use of our website. Parents and guardians are solely responsible for supervising and controlling their children's access to our website and for ensuring that their children comply with these Terms and Conditions.

 

19. ASSIGNMENT

 

We reserve the right to assign, transfer, or delegate any of our rights and obligations under these Terms to any third party without prior notice or consent. Any such assignment, transfer, or delegation shall be effective upon notice to you.

 

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without the prior written consent of Vincent Kimberly Designs. Any attempt to assign, transfer, or delegate in violation of this section shall be null and void.

 

These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Nothing in these Terms shall create or confer any rights or remedies upon any person or entity not a party to these Terms and Conditions.

 

Any notices or communications required or permitted to be given under these Terms shall be in writing and shall be deemed to have been duly given: (a) upon delivery if delivered in person; (b) upon transmission if sent by email with confirmation of receipt; (c) one business day after deposit with a commercial overnight courier service; or (d) three business days after deposit in the mail, postage prepaid, certified or registered mail, return receipt requested.

 

20. RESERVE OF RIGHTS

 

We reserve all rights not expressly granted in these Terms. Nothing in these Terms shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under any intellectual property rights, proprietary rights, or other rights of Vincent Kimberly Designs or any third party.

 

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The provisions of these Terms shall be enforceable to the fullest extent permitted by applicable law.

 

We reserve the right to modify, suspend, or discontinue any aspect of our website at any time without prior notice. We also reserve the right to update or revise these Terms at any time by posting the updated terms on our website. Your continued use of our website after the posting of any changes constitutes acceptance of those changes.

 

21. GOVERNING LAW

 

These Terms and any disputes arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law provisions.

 

Any legal action or proceeding arising out of or in connection with these Terms shall be brought exclusively in the courts of Canada. You hereby consent to the jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue based on inconvenient forum. You hereby waive any right to a jury trial in any legal proceeding arising out of or in connection with these Terms.

 

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the fullest extent permitted by applicable law. If any provision of these Terms conflicts with the laws of Canada, the provision shall be interpreted to reflect the intentions of the parties, and all other provisions shall remain in full force and effect.

 

In the event of any dispute arising out of or in connection with these Terms, the parties agree to first attempt to resolve the dispute informally through good-faith negotiations. If the dispute cannot be resolved informally, either party may initiate binding arbitration.

 

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in any class action lawsuits, class-wide arbitrations, or any other type of representative legal proceedings.

 

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The provisions of these Terms shall be enforceable to the fullest extent permitted by applicable law.

 

22. SEVERABILITY

 

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the fullest extent permitted by applicable law.

 

In the event that any provision of these Terms is determined to be invalid, illegal, or unenforceable, the parties agree to negotiate in good faith to modify such provision to achieve the original intent of the parties to the extent possible.

 

The invalidity, illegality, or unenforceability of any provision of these Terms in any jurisdiction shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction or the remaining provisions of these Terms in any jurisdiction.

 

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision or affect the validity or enforceability of these Terms.

 

23. CHANGES TO TERMS

 

We reserve the right to update or revise these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on our website.

 

We may notify you of changes to these Terms by posting a notice on our website or sending you an email notification. It is your responsibility to review these Terms periodically for any updates or changes.

 

Your continued use of our website after the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree with any changes to these Terms, if whole or in part, please do not use our website.

 

24. TERMINATION

 

We reserve the right to terminate or suspend your access to our website or any part thereof at any time, without prior notice, for any reason or no reason, including but not limited to:

 

  • Violation of these Terms

  • Suspected fraudulent, abusive, or illegal activity

  • Technical or security issues or concerns

  • Requests by law enforcement or other government agencies

  • Discontinuance or material modification of our website or any part thereof

 

Upon termination of your access to our website, all rights and licenses granted to you under these Terms shall immediately cease, and you must immediately cease all use of our website. Any provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to provisions regarding intellectual property rights, limitation of liability, and indemnification.

 

We shall not be liable to you or any third party for any termination or suspension of your access to our website or any part thereof.

 

The provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to provisions regarding intellectual property rights, limitation of liability, and indemnification.

 

We may provide notice of termination or suspension of your access to our website by any means, including but not limited to email, posting a notice on our website, or any other reasonable method.

 

25. ENTIRE AGREEMENT

 

These Terms, together with any other policies or agreements referenced herein, constitute the entire agreement between you and Vincent Kimberly Designs regarding the subject matter herein and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written, between you and Vincent Kimberly Designs regarding such subject matter.

 

If you have any questions or concerns about these Terms and Conditions, please contact us at vkdesigns@mail.com.

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