Terms & Conditions

By using the Site, you agree to follow and be bound by these Terms of Use.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time without prior notice.  All changes and/or modifications are immediately effective upon posting.  Continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms.

 

Ownership of Intellectual Property

All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, clothing designs or other copyrightable elements, and the selection and arrangement thereof, and trademarks, service marks and trade names (collectively, the “Material”) are the property of Keryakos, Inc. (“Keryakos”) and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.  You may not mirror or frame the home page or any other pages of this Site on any other website or webpage.  You may not use any of the marks or logos appearing throughout the Site without express written consent from Keryakos, or other owner thereof.  You may not reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Keryakos.  Use of Keryakos’s and/or its licensors’ Material is only permitted with prior express written permission.  You may not disassemble, decompile, reverse engineer or otherwise modify any Material.  Any unauthorized or prohibited use of the Site or any Material may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

 

Disclaimer and Limitation of Liability

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  Keryakos is not responsible or liable for any infections or contamination of your computer system, or delays, inaccuracies, errors or omissions arising out of your use of this Site or with respect to the information and material contained on this Site.  The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KERYAKOS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY KERYAKOS OR ANY THIRD PARTY.  Notwithstanding the foregoing, in no event shall Keryakos’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

 

Purchases

Purchases made on the Site are serviced by PayPal.  All purchases made through PayPal are subject to its own terms and conditions of use.  Keryakos is not responsible and has no liability whatsoever for disclosure of personal information provided to PayPal.  We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with PayPal or any other third parties.  Keryakos does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites.  We are not responsible for assisting you in correcting any problems you may experience with the services provided through any third party servicer.  Any and all customer service issues related to these services should be directed to the relevant third party service provider.   

 

Errors and Inaccuracies

We strive to provide complete, accurate and up-to-date information on the Site.  Unfortunately, we are not able to ensure that the Site is always completely free of human or technological errors.  The Site may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to pricing and availability, and some information may not be complete or current.  We reserve the right to correct any errors, omissions or inaccuracies, including making corrections after an order has been submitted, and to change or update information at any time without prior notice.

 

Third Party Hyperlinks

Hypertext links to third party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Keryakos of the third party, the third party website, or the information contained on any such site, unless expressly stated on this Site.  You acknowledge and agree that Keryakos is not responsible for the availability of any such websites and that Keryakos does not endorse or warrant, and is not responsible or liable for any such website or its content.  You need to make your own decisions regarding your interactions or communications with any other website.  Keryakos does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites.  Furthermore, Keryakos is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such third party sites.  As such, Keryakos will not be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.  KERYAKOS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THIRD PARTY HYPERLINKED WEBSITES.

 

Indemnification

You agree to indemnify, defend and hold harmless, Keryakos, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of these Terms of Use by you.  Keryakos reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Keryakos in asserting any available defenses.

 

Applicable Law, Venue, Jurisdiction

The Terms of Use and the relationship between you and Keryakos shall be governed by, construed and enforced exclusively under the laws of the State of New York, U.S.A., without regard to its conflict of law provisions.  If there is any dispute, claim, question or disagreement arising from or relating to these Terms of Use or the breach thereof that cannot be settled through negotiation, you agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to arbitration.  The location of all mediation proceedings shall be in the County of Schenectady, or other adjacent county, State of New York, U.S.A.

You agree to settle any controversy or claim arising out of or relating to this Terms of Use, or the breach thereof, that has not been resolved by mediation by binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the AAA.  Judgment upon the award rendered by the arbitrators may be enforced in any court having jurisdiction thereof.  The location of the arbitration shall be in the County of Schenectady, or other adjacent county, State of New York, U.S.A.  The selection of the arbitrator shall be in accordance with AAA rules unless all parties agree otherwise.

Our Commitment to Privacy

Keryakos, Inc. (“Keryakos,” “we,” or “us”), owner of the MA+CH® website at marikacharles.com (the “Site”) respects your privacy.  This Internet privacy policy (“Privacy Policy”) applies to your use of the Site and covers how we collect, use, disclose, transfer and store your information on the Site.

We reserve the right, at our sole discretion, to change, modify or otherwise alter this Privacy Policy at any time without prior notice.  All changes and/or modifications are immediately effective upon posting.  Continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms.

 

PRIVACY POLICY FAQ’S

What information does Keryakos collect?
How does Keryakos use your information?
Does Keryakos use “cookies” or other tracking technologies?
How can you access your information?
How does Keryakos protect your information?
Does Keryakos disclose your information to others?
How does Keryakos protect a child’s privacy?
Does Keryakos have links to other websites?
 

What information does Keryakos collect?

Keryakos collects data that you provide on the Site, either through transactions, email registration, text message sign up, sweepstakes, contests, or registrations that you submit.  This includes information such as your name, mailing address, email address, phone number, any personal preferences you choose to provide, and transaction details (collectively “Personal Information”).

We may also gather certain non-personally identifiable information about your Site visit automatically and store it in log files. We may use this information to understand and analyze trends, to administer the Site, to learn about user behavior on the Site, and to gather demographic information about our user base as a whole.  This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.  To the extent that IP addresses or similar identifiers are considered personal information by local law, however, we also treat these identifiers as Personal Information for purposes of this Privacy Policy.  Also, to the extent that non-personal information is combined with Personal Information about you, we treat the combined information as Personal Information for purposes of this Privacy Policy.

 

How does Keryakos use your Personal Information?

Keryakos may use your Personal Information for a number of purposes, including: (1) to enhance and personalize your shopping experience and use of the Site; (2) to confirm and process sales transactions and/or contact you with questions or communications about your order; (3) to respond to your questions, requests or comments; (4) to notify you about contests and promotional events, allow you to participate in such contests and events, and notify you if you are a winner of any such contest or event; (5) to contact you with reminders, updates and news; (6) for marketing, advertising or promotional use; (7) to conduct polls, surveys and consumer testing; (8) to protect the security of our visitors, systems and/or Site; and/or (9) to improve our services.  You may indicate your contact preferences regarding promotional communications directly to us online.

 

Does Keryakos use cookies or other tracking technologies?

We may use cookies, web beacons (also known as pixel tags) and other technologies to speed your navigation of the Site, recognize you and your access privileges, and understand your Site usage.  Cookies are small data files or small bits of information that are stored by your browser on your computer’s hard drive when you visit our Site so that we can recognize you. Web beacons assist in delivering cookies and help us determine whether a web page on the Site has been viewed and, if so, how many times.  You can refuse cookies by turning them off in your browser.

We may also use these technologies to control the number of times you see a given ad, to deliver ads and other product offers and suggestions to you that relate to your interests, product selections or purchases, and to measure the effectiveness of various offers and ad campaigns.  In all cases, this information helps us serve you better by improving our Site design, as well as our products, services, contests, and promotions. If you block or otherwise reject our cookies, you will not be able to take advantage of these services.

We may also use third-party service providers to help tailor Site content to you or to serve ads or product offers on our behalf.  These service providers may employ cookies and other technologies to measure advertising effectiveness (such as which web pages are visited or what products are purchased and in what amount).  Any information that these third parties collect via cookies, web beacons and other technologies is not linked to any Personal Information collected by us.

 

How can you access your information?

You may access and edit the Personal Information that you provide online when you authenticate your right to access by signing in on the Site.  Simply click on <MY ACCOUNT> from the home page and enter your email address and password to access your information.  You can request password help at any time by clicking on the <LOST PASSWORD?> link at which time we will email an encrypted password to the associated email address.

Currently, we do not provide online access to information that you provide to Keryakos offline.

 

How does Keryakos protect your information?

Keryakos follows industry-standard practices to protect the security of your Personal Information collected through our Site.  All Personal Information input by you and transmitted to our Site when you place an order or otherwise provide Personal Information is protected by password and by an encryption using Secure Socket Layer Technology (“SSL”).  SSL encrypts your order and Personal Information before it is transmitted to us to avoid the decoding of your information by anyone other than Keryakos.  Nevertheless, any information transmitted over the Internet may be subject to breaches of security.  Despite our security measures, we cannot guarantee the security of information you send to or receive from us.

 

Does Keryakos disclose your information to others?

Keryakos does not sell, rent or trade any Personal Information you provide to us with third parties for their marketing purposes.  However, we may share your Personal Information as follows:

We use third party service providers to provide specific business support services to us, which may involve limited access to your Personal Information, for example, assisting us in fulfilling your transactions and customer service inquiries, executing surveys, conducting and administering promotions, updating your customer information record in our database, deploying our promotional offers to you, or fulfilling your request to unsubscribe from our email. We do not authorize those third parties to make any other use of your information.
We may disclose your Personal Information with other parties when you consent to the disclosure or when it is required or permitted by law, regulation, legal process or enforceable government request.
We also may disclose Personal Information to other third parties in conjunction with entering into an agreement for the sale of our stock or assets or if we are involved in bankruptcy proceedings.  The recipient of Personal Information following such actions may have privacy policies that differ from those set forth in this Privacy Policy.
Keryakos reserves the right to use and/or disclose to others non-personal information about your demographics and use of our Site in a manner that does not reveal your identity.

 

How does Keryakos protect the privacy of children?

In keeping with the Children’s Online Privacy Protection Act of 1998, Keryakos will never knowingly request Personal Information from any person under the age of 13, without first seeking prior verifiable parental consent.  If we become aware that a user of our Site is under the age of 13 and has provided an online registration or other Personal Information without prior verifiable parental consent, we will remove that child’s Personal Information from our files.

 

Does the Site have links to other websites?

From time to time, there may be links on our Site to the websites of third parties. When you click onto one of these third party links, you are leaving the Site and accessing another party’s website.  These other websites are not under our control and may collect Personal Information from you.  Our Privacy Policy does not address the information, privacy and security practices or policies of any other website.