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Privacy Policy and Terms of Use

Privacy Policy

IPPOLITA TAKES PRECAUTIONS WITH CUSTOMER INFORMATION AND PERSONAL DATA. IPPOLITA values its users and respects your privacy. IPPOLITA collects information about you through the Website in an effort to fulfill orders for IPPOLITA products, improve your online experience and to communicate with you about IPPOLITA’s products, services and promotions. Neither your name nor anything personal about you is sold or shared with any non-affiliated company or agency other than as set forth in this Privacy Policy. However, as described in greater detail below, IPPOLITA may share your information under certain circumstances with businesses IPPOLITA works with to help the Website function. This Privacy Policy describes the personal information IPPOLITA collects about you, why IPPOLITA collects it, how IPPOLITA uses it, and when IPPOLITA shares it with third parties. This Privacy Policy also describes the choices you can make about how IPPOLITA collects and uses certain of that information.

By accessing this Website, you acknowledge the Website Privacy Policy and agree to be bound by the terms thereof and the Terms of Use set forth on the Website. If there is anything you do not understand please email any inquiry to Customerservice@ippolita.com. If at any time you do not agree to this Privacy Policy, please do not use this Website.

This Website is operated by Seno Jewelry LLC d/b/a IPPOLITA ("IPPOLITA"), the owner of the trademark IPPOLITA and other trademarks (the “Marks”). “Website” means the website located at www.ippolita.com, any subsequent URL which may replace this website, and all associated websites, URLs and micro sites. "You/your" means you as a user of the Website. “User” means all users of this Website. IPPOLITA offers this Website, including all information, tools and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of this Website constitutes your agreement to this Privacy Policy.

IPPOLITA reserves the right to change or update this Privacy Policy by posting such changes or updates to the Website. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. It is your responsibility to review any such changes or updates and check the Website from time to time to be sure you understand all terms and conditions, agreements and policies of the Website and are in compliance with them. You can tell if the policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.

1. Types of Information Collected

We will ask you for certain kinds of personal information to provide the services you request. This information includes:

Your Account - You have the opportunity to create a personal shopping account with IPPOLITA. This account allows you to shop faster and easier, and to check on order status and history. Using your user name and a password of your choice, you may access your account online at any time to add, delete, or change information. In creating this account, you authorize IPPOLITA to store your name, address, email address, telephone number and other personal information that you may provide such as your birth date, gender, and credit card number. Each of these options is for your convenience only, and the information provided by you is not used for any purpose other than to as outlined in this Privacy Policy. If you ever use a public computer to visit the "My Account" section of the Website, IPPOLITA strongly encourages you to log out at the conclusion of your session. By doing so, although your information may still be stored with IPPOLITA, it will not be accessible to anyone else from that computer.

Email List - When you create an account with IPPOLITA, you will be given the option to be added to the IPPOLITA email list. Whether or not you select this option, your personal information will never be shared with or sold to anyone other than as set forth in this Privacy Policy.

Subscriptions to the email list can be cancelled at any time. To be removed from our email list, please email us at postmaster@ippolita.com and include your name and the address in the message, or click the unsubscribe button found at the bottom of the emails we send you.

Purchases - When you place an order, you will be asked to provide your credit card information. IPPOLITA does not store your credit card information unless you choose to include it in your "My Account" information (see above).

Calls to Customer Service/Participation in Promotions/Sweepstakes or Surveys- If you call IPPOLITA’s Customer Service center or participate in one of IPPOLITA’s promotions or sweepstakes or user surveys, IPPOLITA may ask for additional information, such as your age, interests or product preferences.

2. Use of Your Personal Information

IPPOLITA uses the information we collect for various purposes, including: - to complete your purchase transactions - to provide the services you request - to keep you informed about the status of your orders

- to identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you

- to notify you of product recalls or provide other information concerning products you have purchased

- to improve IPPOLITA’s merchandise selections, customer service, and overall shopping experience

- to communicate with you by email, postal mail, telephone, text message, or other

means

3. Sharing Information With Third Parties

3.1 IPPOLITA does not share, sell or trade your personal information gathered online with any third parties, except with your consent or as described herein. IPPOLITA does not contribute to or participate in cooperative databases, which give other companies access to such Personal Information.

3.2 IPPOLITA may provide access to your personal information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit IPPOLITA’s legal liability and protect IPPOLITA’s rights or to protect the rights, property or safety of visitors of this Website or the public. As an example, IPPOLITA may share your purchase transaction information with a vendor who will use it to assist IPPOLITA and other merchants to detect and prevent credit card fraud.

3.3 IPPOLITA may also disclose your personal information to outside companies that help IPPOLITA bring you the products and services IPPOLITA offers. For example, IPPOLITA may work with third parties to: (a) manage a database of customer information; (b) assist IPPOLITA in distributing e-mails; (c) assist IPPOLITA with direct marketing and data collection; (d) provide IPPOLITA data storage and analysis; (e) provide fraud prevention; (f) provide customer service and (g) other services designed to assist IPPOLITA in maximizing our business potential.  IPPOLITA requires that these outside companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to IPPOLITA.

3.4 In addition, if IPPOLITA goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personal information will likely be among the assets transferred.

4. Non-Personally Identifiable Information

4.1 Several of the functions on the Website use cookies. A cookie is a small piece of information sent by a website that is saved on your hard drive by your computer's browser. Cookies help IPPOLITA remember you when you return to the Website. Cookies also hold information to personalize and enhance your experience and to gather website statistical data, such as which pages are visited, what is included in your shopping cart, the Internet provider's domain name and the addresses of the sites visited immediately before coming to and immediately after leaving the Website. However, none of this information is associated with you as an individual. It is measured anonymously and only in the aggregate. The information in the cookies lets IPPOLITA trace your "clickstream" activity (i.e., the paths taken by users of the Website as they move from page to page) to enable IPPOLITA to better serve its customers by revealing which portions of the Website are the most popular. Cookies contain absolutely no personal information. You may disable cookies on your browser. Please review your browser's instructions for doing so.

4.2 IPPOLITA may also use "pixel tags" (sometimes called "web beacons" or "clear gifs"), which are tiny graphic images, on the Website. Pixel tags help IPPOLITA analyze users’ online behavior and measure the effectiveness of the Website and IPPOLITA’s advertising and marketing. IPPOLITA works with service providers that help IPPOLITA track, collect, and analyze this information. IPPOLITA may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no personally identifiable information.

4.3 Pixel tags or other analytical tools that IPPOLITA may use on the Website may collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website. This information may include your computer's Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. IPPOLITA may also track certain information about the identity of the web site you visited immediately before coming to the Website. IPPOLITA does not otherwise track any information about your use of other websites.

4.4 Pixel tags, cookies and/or other analytical tools in IPPOLITA’s emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from IPPOLITA.

4.5 IPPOLITA may also work with businesses that use tracking technologies to deliver advertisements on IPPOLITA’s behalf across the Internet. These companies may collect information about your visits to the Website and your interaction with our advertising and other communications, but no personally identifiable information is shared with them.

4.6 IPPOLITA may combine the information collected through cookies, pixel tags and other analytical tools with other information IPPOLITA may have collected from you. This information may be used to improve our Website, to personalize your online experience, to help IPPOLITA deliver information to you, to determine the effectiveness of advertising, and for other internal business purposes.

5. Your Security

5.1 IPPOLITA goes to great lengths to keep your financial information private and safe. IPPOLITA takes appropriate physical, electronic and administrative steps to maintain the security and accuracy of personally identifiable information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is IPPOLITA’s policy to never send your credit card number via e-mail. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information.

5.2 IPPOLITA uses Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. The SSL encrypts, or translates, your order information into a highly indecipherable code, which is processed immediately. All credit card transactions occur in a secure area of the Website to protect you from any loss, misuse or alteration of information collected. When you have finished shopping and begin the checkout process, you will move into the secure area of the Website. Once you have entered, the page address (URL) will change from “http” to “https” to let you know you are in a secure area. Also, a key or a closed lock will appear in the lower right hand corner of your screen to notify you of this change. You will remain in this secure zone for the entire checkout process.

5.3 Unfortunately, despite IPPOLITA’s best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While IPPOLITA will use every reasonable means to ensure the security of information you transmit through the Website, IPPOLITA cannot guarantee that such information will not be intercepted by third parties. IPPOLITA will, however, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.

6. Links to Other Websites

6.1 While visiting the Website, you may link to websites operated by third parties or you may have come to the Website using a link found in another website. This does not mean that IPPOLITA endorses these websites or the goods or services they provide. IPPOLITA does not make any representations or warranties about any website that may be linked to the Website. Such other websites are independent from IPPOLITA, and IPPOLITA has no control over, or responsibility for, their information, products or activities.

6.2 In addition, IPPOLITA’s privacy practices may differ from those of these other websites. If you provide personal information at one of those sites, you are subject to the privacy policy of the operator of that website, not the IPPOLITA Privacy Policy. Please make sure you understand the other website's privacy policy before providing personal information.

7. Opt-Out

You will receive promotional emails from us only if you have asked to receive them. If you do not want to receive e-mail from IPPOLITA you may click on the unsubscribe link at the bottom of any email communication sent by us. Please allow us 10 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.

8. "Spoofing" And "Phishing"

A common Internet scam is known as "spoofing" or "phishing." This occurs when you receive an email from what appears to be a legitimate source requesting personal information from you. Please be aware that IPPOLITA will NEVER send you an email requesting you to verify credit card, bank information, or any other personal information. If you ever receive an email that appears to be from IPPOLITA requesting such information from you, DO NOT respond to it, and DO NOT click on any links appearing in the email. Instead, please forward the email to IPPOLITA at Customerservice@ippolita.com, as IPPOLITA will investigate instances of possible Internet fraud. 9. Children and Privacy

The Website is not meant for children, and IPPOLITA will not knowingly collect any personally identifiable information from children under the age of 13 without verified parental consent. IPPOLITA will remove from its files any personally identifiable information of anyone IPPOLITA discovers to be under 13 years old. IPPOLITA’s online contests or sweepstakes are restricted to entrants who are at least 18 years old. IPPOLITA is concerned about the safety of children when they use the internet, and understands that children may not understand all the provisions of IPPOLITA’s Privacy Policy or make informed decisions about the choices that are made available to adult users of the Website. IPPOLITA encourages parents and guardians to spend time with their children online and to be familiar with the sites their children visit.

10. Your California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask IPPOLITA for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Seno Jewelry, L.L.C. d/b/a IPPOLITA, 259 West 30th Street, 10th Floor, New York, New York 10001, Attn: Customer Service or by email to Customerservice@ippolita.com. Please allow 30 days for a response.

11. Disclosure for Legal Purposes

You hereby authorize IPPOLITA to disclose any of your personal information pursuant to judicial and administrative proceedings, and in connection with law enforcement activities and as otherwise may be permitted by law, to law enforcement or government agencies if IPPOLITA believes the disclosure is necessary or appropriate. You also authorize IPPOLITA to disclose information if IPPOLITA believes the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Website, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put IPPOLITA at risk for liability.

12. Non-Confidential Information

Except for information necessary to place an order, IPPOLITA does not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to IPPOLITA will be considered non-confidential, and by submitting the same, you are giving IPPOLITA the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, IPPOLITA will not use your name unless IPPOLITA is required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless IPPOLITA first obtains your permission.

13. Assignment

IPPOLITA may freely assign this Privacy Policy or any of its rights and/or obligations hereunder.

14. Contact

If you have any questions about your privacy or security at the Website, please send an email to Customerservice@ippolita.com and include your name and the address in the message. If you do not receive a response from IPPOLITA to any emails you send to IPPOLITA within 7 business days, please send IPPOLITA another email as your original email may not have been received.

Terms of Use

By accessing this Website, you agree to be bound by the Terms of Use set forth herein. If there is anything you do not understand please email any inquiry to Customerservice@ippolita.com. If at any time you do not agree to these Terms of Use, please do not use this Website, purchase any products from this Website, or provide any personal information through this Website.

This Website is operated by Seno Jewelry, L.L.C. d/b/a IPPOLITA ("IPPOLITA"), the owner of the trademark IPPOLITA and other trademarks (the “Marks”). “Website” means the website located at www.ippolita.com, any subsequent URL which may replace this website, and all associated websites, URLs and micro sites. "You/your" means you as a user of the Website. “User” means all users of this Website. IPPOLITA offers this Website, including all information, tools and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of this Website constitutes your agreement to these Terms of Use.

IPPOLITA reserves the right to change or update these Terms of Use by posting such changes or updates to the Website. Amendments to these Terms and Conditions will be posted at this URL and will be effective when posted. It is your responsibility to review any such changes or updates and check the Website from time to time to be sure you understand all Terms of Use, agreements and policies of the Website and are in compliance with them. You can tell if these Terms of Use have changed by checking the last modified date that appears at the end of these Terms of Use. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.

1. Description of the Website

1.1 The Website displays information about IPPOLITA’s products, history, company, and other information.

1.2 You may also make purchases through the Website of certain IPPOLITA products. When you purchase any products through the Website, IPPOLITA will collect your name, address and certain other information, and if you set up an account with IPPOLITA, you will need to choose a password to access the e-commerce portion of the Website and make purchases. Please refer to IPPOLITA’s Privacy Policy concerning how IPPOLITA stores any personally identifiably information collected about you.

2. Use of the Website

By using the Website and agreeing to these Terms of Use, you are agreeing to the following rules of conduct:

2.1 You shall not use the Website for any illegal purposes, and you will use the Website in compliance with all applicable laws and regulations.

2.2 You shall take any action or assist anyone else from taking any action that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.

2.3 You agree not to attempt any unauthorized access to any part or component of the Website.

2.4 You agree that in the event that you have any right, claim or action against any other users of the Website, then you will pursue such right, claim or action independently of and without recourse to IPPOLITA.

2.5 IPPOLITA grants you a limited, revocable, non-exclusive license to access and make personal use of the Website as IPPOLITA’s customer. However, you shall NOT:

(a) Reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any purpose;

(b) Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content;

(c) Use any meta tags, search terms, key terms, or the like that contain the Website’s name or IPPOLITA’s Marks;

(c) Engage in any activity that interferes with the Website or the Site Content, or another user’s ability to use the Website;

(d) Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website;

(e) Attempt to breach any security or authentication measures or otherwise scan or test the vulnerability of the Website or any related system or network;

(f) Challenge the validity of any Mark, the ownership of any Mark or the registration of any Mark; or

(g) Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

2.6 IPPOLITA reserves the right to investigate any reported violation of these Terms of Use and take any action that IPPOLITA deems appropriate. Such action may include, but is not limited to, reporting any activity that IPPOLITA suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In addition, IPPOLITA will fully cooperate with law enforcement officials in the event of any criminal actions arising out of your use of the Website.

2.7 You are responsible for obtaining and paying for any equipment or services, including Internet and local phone service access, through which you can access the Website.

3. Intellectual Property Use and Ownership

3.1 You acknowledge and agree that all Marks, copyrights, and all other intellectual property rights in and to all material or content contained within and supplied by IPPOLITA as part of the Website shall remain at all times vested in IPPOLITA. Nothing herein shall be construed as giving you or any other person or entity any ownership rights in or to the Marks or any other intellectual property; all such rights being owned exclusively by IPPOLITA.

3.2 All materials and content contained within the Website, including but not limited to the text, graphics, logos, button icons, images, and articles appearing on the Website, are owned by IPPOLITA or are used by IPPOLITA with permission, and are protected by U.S. and foreign copyright or other intellectual property laws. No portion of the materials or content on these pages may be reprinted or republished in any form without the prior express written permission of IPPOLITA or of the content owner, as the case may be.

4. Infringement Notice

4.1 IPPOLITA respects the intellectual property rights of others and requires that its users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement or your rights are otherwise infringed or violated by anything on the Website, please notify IPPOLITA by sending an email to the following address: infringement@ippolita.com.

4.2 In order for Ippolita to more effectively assist you, the notification must include ALL of the following:

(a) A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;

(b) A description f the copyrighted work or other right you claim has been infringed or violated;

(c) Information reasonably sufficient to locate the material in question on the Website;

(d) Your name, address, telephone number, email address and all other information reasonably sufficient to permit IPPOLITA to contact you;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

5. Errors and Inaccuracies

IPPOLITA strives to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. IPPOLITA reserves the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. Prices and descriptive information or imagery are subject to change without notice.

6. Purchasing Terms and Conditions

6.1 Nothing on the Website constitutes a binding offer to sell products described on the Website or to make such products available in your area. IPPOLITA reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in IPPOLITA’s sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Website are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, IPPOLITA has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, IPPOLITA will issue a credit to your credit card account.

6.2 You acknowledge that although IPPOLITA has attempted to accurately depict the colors of the IPPOLITA products offered on the Website, the color displayed is dependent on many different factors including the display of your computer monitor. As such, you further acknowledge that IPPOLITA is not responsible for any inaccuracies or color variations in the products you purchase from the Website. Moreover, the products may be depicted larger or smaller than their actual size depending on your monitor and/or computer settings.

6.3 IPPOLITA accepts the following credit cards: Visa, MasterCard, and American Express. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay or in some instances prevent the processing of your order. Your credit card will be billed upon shipment of your order. 6.4 For a multiple product order, IPPOLITA will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will

A description of the copyrighted work or other right you claim has been Information reasonably sufficient to locate the material in question on the

Your name, address, telephone number, e-mail address and all other

(d) information reasonably sufficient to permit IPPOLITA to contact you; be shipped as they become available, unless you inform IPPOLITA otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

6.5 Your receipt of an electronic or other form of order confirmation does not signify IPPOLITA’s acceptance of your order, nor does it constitute confirmation of IPPOLITA’s offer to sell. IPPOLITA reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. 6.6 IPPOLITA will ship your order as it becomes available. Usually, products ship the same day if ordered by 11:00AM (Eastern Time), or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. You may cancel your order at any time prior to shipping. IPPOLITA cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by IPPOLITA or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. There may be times when a product you have ordered is out-of-stock or cannot be immediately shipped, which will delay fulfilling your order. Delivery of these particular products varies and depends on individual production timelines. IPPOLITA will keep you informed of any products that you have ordered that are out-of-stock or unavailable for immediate shipment, and provide an estimate of these delivery timeframes. These are estimated timeframes and may vary from the actual time necessary to complete your order. IPPOLITA will confirm commitment with you before proceeding with an order that requires this additional completion time. When your item is ready, you will be notified and required to verify payment information. IPPOLITA requires payment for these orders within fourteen (14) days of notification, with cancellation of the order after that point. Orders that are finalized in this fashion will be delivered based on the previously confirmed method of shipment. 6.7 IPPOLITA will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for thirty (30) days from the date of purchase. Fulfillment mistakes that IPPOLITA makes resulting in the shipment of incorrect product to you will also be accepted for return thirty (30) days from the date of purchase.

6.8 IPPOLITA shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes

7. Passwords

When you set up an account through the Website, you will be able to choose a login and password to use in accessing the Website. You are responsible for maintaining the confidentiality of your login and password information. In the event of a breach of security through your account, you will be liable for any damage caused by the unauthorized use until you notify us in writing of the breach of security, and we have had a reasonable opportunity to remedy the unauthorized use. You agree to provide IPPOLITA with all assistance necessary to remedy such unauthorized use of the Website caused by a breach of security through your account.

8. Disclaimer of Warranties; Limitation of Liability

Although IPPOLITA strives to provide information through the Website, you acknowledge and agree that your use of the Website is subject to the following disclaimers and limitations of liability:

(a) THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IPPOLITA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IPPOLITA MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OR INFORMATION OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

(b) UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, IPPOLITA MAKES NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY IPPOLITA, ON IPPOLITA’S BEHALF, OR BY OTHERS, ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

(c) UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL IPPOLITA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSEES OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT IPPOLITA IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM IPPOLITA OR ITS SUBSIDIARIES AND AFFILIATES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY EXCLUSIVE REMEDY IN THIS AGREEMENT FAILS ITS ESSENTIAL PURPOSE.

(d) Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify and hold harmless IPPOLITA, its subsidiaries, affiliates, officers, directors, employees, agents and licensees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), made by any third party arising out of or relating to your use of the Website, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another.

10. Third Party Links

The Website may contain links to third party websites or resources, or you may have come to the Website using a link on another website. IPPOLITA makes no representation or warranties concerning such third party websites or resources and is not responsible for the content or operation of such third party websites or resources, and shall have no liability in connection with them.

11. Warning Against Hackers

It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials to or from the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Website, you assume the risk of such occurrences.

12. Termination

You agree that IPPOLITA may, under certain circumstances and without prior notice, immediately terminate your right to use or make purchases through the Website in the event that:

(a) You breach or violate these Terms of Use; and

(b) IPPOLITA, in its sole discretion, decides to discontinue access to the Website. You agree that all terminations shall be made in IPPOLITA’s sole discretion and that IPPOLITA shall not be liable to you or any third-party for any termination of your account or access to the Website.

13. Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

14. Dispute Resolution By Binding Arbitration and Choice of Law

THIS ARBITRATION AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND IPPOLITA MUST BE RESOLVED THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT. PLEASE READ THIS AGREEMENT CAREFULLY.

Most user concerns can be resolved quickly and to the user’s satisfaction by contacting our customer service department by Customerservice@ippolita.com. In the unlikely event that IPPOLITA’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute it has with you after attempting to do so informally), you and IPPOLITA agree to resolve those disputes through binding arbitration or in small claims court, rather than proceeding in a court of general jurisdiction. You and IPPOLITA further agree that each party can bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted even if the arbitral body permits claims to proceed on a class wide basis. For any non-frivolous claim that does not exceed $50,000, IPPOLITA will pay all costs of arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from to at least the same extent as you would be entitled to in court.

This Agreement is governed by the laws of the State of New York, irrespective of any principles of conflicts of law.

15. Miscellaneous Terms 15.1 Construction. If any provision of these Terms of Use is held by a court of

competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

15.2 No Waiver. The failure by either you or IPPOLITA to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision or any other provision of these Terms of Use.

15.3 Survival. All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.

15.4 IPPOLITA may freely assign these Terms of Use or any of its rights and/or obligations hereunder.

15.5 Headings. The headings hereof are descriptive only and not to be construed in interpreting the provisions of these Terms of Use.

16. Contact Information

You may send IPPOLITA notices or communicate with IPPOLITA by email to Customerservice@ippolita.com. If you do not receive a response from IPPOLITA to any emails you send to IPPOLITA within 7 business days, please send IPPOLITA another email as your original email may not have been received.