Terms of Use

Terms & Conditions of Use

Updated October 15, 2018

These Terms and Conditions of Use (“Terms”) govern your use of this website, under the URL/domain name “ilanakohn.com”or any other URL/domain name redirecting to this website, and all of its content, functionality, products and services (collectively referred to as our “website” or “site”) and are applicable regardless of where or how you access the site.

For the purposes of these Terms, “you”; “your”; or “User” means the User who accesses or uses the website. Accessing or using our website constitutes your acceptance of these Terms and your acceptance means you are entering into a binding contract with Ilana Kohn, LLC, as well as its affiliated companies, and all of its directors, officers, employees, and contractors (collectively, “Ilana Kohn”; “we”; “us”; “our”). You may use our website only if you can form a binding contract with Ilana Kohn. Users under 18 years of age should not use our site.

Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Ilana Kohn with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ilana Kohn with respect to the site.

You should read these Terms carefully before using the site. By using the site, you acknowledge that you have read and that you agree to abide by the terms, including our Privacy Policy incorporated herein by reference. IF AT ANY TIME YOU NO LONGER AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY CEASE USE OF THIS SITE.

I. Shopping and Transactions

a) Product Disclaimer. Ilana Kohn does not represent or warrant that the information or merchandise provided through this site is accurate, complete or current.

b) Color. We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.

c) Prices and Availability. Price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers.

d) Ilana Kohn does not guarantee, warrant or endorse any product or service not manufactured or performed by Ilana Kohn, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Ilana Kohn. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Ilana Kohn.

e) Order Acceptance. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Ilana Kohn reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. f) Please see our Shipping and Returns Policy for additional terms regarding shopping on our site.

II. Intellectual Property

a) All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (‘Content’) are the property of Ilana Kohn, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary copyright and/or trade dress of Ilana Kohn with all rights reserved.

b) Third-Party Content. Any other Intellectual Property associated with our Services from third-parties is used with permission; through a license; used under the doctrine of Fair Use; or used according to these Terms.

c) Ilana Kohn is a registered trademark in the United States and other countries. Ilana Kohn trademarks may not be used without the written permission of Ilana Kohn and specifically should not be used in connection with any product or service that is not identifiable as belonging to Ilana Kohnny.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ilana Kohn. Any rights not expressly granted herein are reserved.

d) Nothing in these Terms grants you a right or license to use any intellectual property owned by Ilana Kohn or any other third-party except as expressly provided in these Terms. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by Ilana Kohn.

e) You agree and acknowledge that you will be solely responsible for any violations of any relevant laws and for any infringement of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your profile.

III. Specific Prohibitions on Use of Our Site

The following activities or uses of our Services are specifically prohibited. Any User engaged in these activities or uses shall be subject to immediate termination of their account.

1) Users may not attempt to amend, edit or convert any intellectual property from the website without express, written consent from Ilana Kohn.

2) Users may not distribute any information obtained from the website to third parties without express, written consent from Ilana Kohn.

3) Users should not attempt to hack and/or disrupt the Website, or attempt to exploit any vulnerabilities/bugs found on the website. Users should affirmatively report any such vulnerabilities/bugs found to info@ilanakohn.com.

4) User must not use the Website for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions;

5) Users must not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services.

IV. Termination of Account, Transactions or Services

a) We may terminate your account and access to Services without cause or notice, which, in some cases, may result in the forfeiture and destruction of all information associated with your User Credentials.

b) Ilana Kohn reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems at any time. Please read the official rules that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.

c) All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, intellectual property provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

d) If you no longer no longer accept these Terms you must cease using our Website immediately. Continued use of the Services indicates your continued acceptance of these Terms.

V. Disclaimers

a) No Warranty. To the fullest extent permitted under law, our Services are provided “as is” and without warranties of any kind. To the fullest extent permitted under law, ILANA KOHN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Ilana Kohn does not represent or warrant that the Services will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available or any email sent to you are free of viruses or anything else harmful. You expressly agree that your use of our Services is at your sole risk. Ilana Kohn does not make any warrantees or representations regarding the use of the information on this site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. Ilana Kohn 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 engaged in any Services). Ilana Kohn also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

b) Limitation of Liability. In no event shall Ilana Kohn be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, our Services; (b) the performance of the Services; or (c) the conduct of other users, even if Ilana Kohn has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Ilana Kohn for dissatisfaction with the Services is to stop using the website.

c) Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify and hold Ilana Kohn harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of these Terms; (2) any activity in which you engage on or through the Services; and (3) your violation of any law or the rights of a third party.

d) Third-Party Content. Our Services may contain links to third-party websites, resources and services or other content. Ilana Kohn does not endorse such content or warrant its accuracy, or guarantee it is safe to access. You acknowledge that Ilana Kohn is not responsible for this content, or your use of it, and agree that Ilana Kohn will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content. Please also see our Privacy Policy regarding information on Third-Party services.

VI. Governing Law and Jurisdiction

This website is owned and operated by Ilana Kohn, LLC with its principal address located at 63 Flushing Avenue, Bldg 280, Suite 414, Brooklyn, NY 11205. For any disputes arising out of or in connection with these Terms shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

VII. Assignment

Any attempt by you to assign or delegate these Terms shall be null and void. Ilana Kohn may assign these Terms at its sole discretion.

VIII. Waiver

No failure of either party to exercise or enforce any of its rights under these Terms and will act as a waiver of such rights.

IX. Severability

If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

X. Modifications

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time. The date of the most recent update is indicated at the top of this document. It is your responsibility to check these Terms periodically for changes. Your continued use of the website following the posting of changes constitutes your acceptance of the Terms as changed or modified.

XI. Contact

If you have any questions regarding these Terms or the website, please contact us at info@ilanakohn.com