The Privacy Policy in section #15, below, describes how your personal information is collected, used, and shared when you visit, engage in communication with, or make a purchase from www.theluxelist.com (the “Site”) and any other sites owned or managed by KERN, including but not limited to www.luxelistreviews.com, www.kerncomm.com, www.kerncommunications.com, www.thesuitcaselife.com, and www.thesportswatchdog.com.

Last updated May 25, 2018

Disclosure – Material Connection Disclaimer

As an established leisure, lifestyle and consumer goods authority and spokesperson (aspects of my professional career), I, Merilee Kern, sometimes do brand/product/service/destination/event/website-related editorial reviews for online and/or print publishing and/or interviews with radio and television media.  I only discuss items, topics and/or information that I truly and genuinely believe can be of interest and value to the intended audience, consumers or otherwise.  Some are made by small companies that might otherwise never get the message out about their products, and some are by larger companies that also have noteworthy offerings.  I am sometimes remunerated by companies (cash sponsorship, advertising, paid insertions or other forms of compensation) to discuss or write about their brand/product/service/destination/event/website and, when this is the case: for broadcast it is disclosed to the station and, for written works, is disclosed to any third party online/print publishers via accompanying disclaimer text at the article footer. In direct relation to such sponsored coverage, I also sometimes write a blog post for this Luxe List site and, for content of this nature, “Sponsored Post” disclosure is indicated at the post footer. I sometimes may also make related Twitter, Facebook, Pinterest, YouTube and other social media posts in relation to the sponsored items/topics. However, in any and all instances relating to sponsored coverage–regardless of how the information is disseminated online, in print or via broadcast–all opinions, views, beliefs, experiences or findings on those topics or items expressed within any of these communications are entirely those of Merilee Kern, and have not been influenced in any way whatsoever. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, retailer, distributor, provider or party in question. Changes to the above will be stated clearly.

TERMS OF USE

READ THIS:

This Terms of Use Agreement (“Agreement” or “Terms Of Use”) is made by and between Merilee Kern dba The Luxe List (www.LuxeListReviews.com), a California Sole Proprietorship, with offices at 10755 Scripps Poway Parkway Suite 508, San Diego, CA 92131 and her exclusive Luxe List-branded editorial content published on affiliated third party owned and operated Web sites (“KERN”) and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Website.

BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER KERN CONTENT, SERVICES, OR WEBSITES – INCLUDING THAT WHICH IS KERN-BRANDED OR KERN OTHERWISE ACTIVELY GENERATED WITH PARTNER AFFILIATES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

KERN RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN KERN’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE LUXELISTREVIEWS.COM WEBSITE(S).

1. COPYRIGHT INFRINGEMENT

It is the policy of KERN to respect the intellectual property rights of others. If you identify an image or other content on LuxeListReviews.com or an affiliated web site you believe should be removed or the copyright attribution corrected, contact Merilee Kern directly at merilee@luxelistreviews.com and the image/content in question will immediately be removed from the site(s) pending legal review per the below mandatory protocol set forth by the Digital Millennium Copyright Act (DMCA). All photographs posted with Luxe List or other KERN editorials are provided and published by permission of the owner and/or its authorized representative and are copyrighted by their respective owners. Images on this site may be viewed but may not be copied or otherwise utilized or linked to without express written permission of KERN and/or the owner of the image(s).

Notice and Takedown Procedure

KERN expeditiously responds to valid notices of copyright infringement that adhere to the requirements set forth in the Digital Millennium Copyright Act (DMCA). If you believe that your work has been utilized in a way that constitutes copyright infringement, you may provide KERN’s Designated Agent (listed below) with a notice that contains all six points enumerated below (preferably via email).

Upon receipt of a valid notice, KERN will promptly remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content so they may counter-notice pursuant to Sections 512(g)(2) and (3) of the DMCA.

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Be aware that, per the Digital Millennium Copyright Act (DMCA), a notice must contain all six points for KERN to take action.

Designated Agent:
KERN’s Designated Agent can be can be contacted at:

The Luxe List Reviews
C/O Michael Hoisington, Esq.
Higgs Fletcher & Mack LLP
401 West A Street, Suite 2600
San Diego, CA 92101
e-mail: copyright@higgslaw.com

Accommodation of Standard Technical Measures.

It is KERN’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that KERN determines are reasonable under the circumstances.

Counter-Notification Procedure

The provider of the allegedly infringing content may make a counter-notification pursuant to sections 512(g) (2) and (3) of the DMCA. To file a counter-notification with KERN, please provide KERN’s Designated Agent (listed above) with the following information (preferably via email):

1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. Your name, address, and telephone number;
3. The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
6. Your signature, in physical or electronic form.

Upon receipt of a counter-notification containing all six points, KERN will promptly provide the person who provided the original takedown notification with a copy of the counter-notification, and inform that person that KERN will replace the removed material or cease disabling access to it in 10 business days.

Finally, if KERN’s Designated Agent then receives notification within 14 days of the counter notification from the person who submitted the original takedown notification that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system, then KERN will once again remove the file from our system.

Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, KERN will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

2. ACCESS TO THIS SITE

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If KERN believes the information you provide is not correct, current, or complete, KERN has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

3. RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. As a condition of your use of the LuxeListReviews.com website(s), you warrant to KERN that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) actively download any content from this site without the express prior written permission of an authorized representative of KERN. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with KERN to prevent or remedy any unauthorized use. In addition, you may not use the LuxeListReviews.com website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

4. PERSONAL AND NON-COMMERCIAL USE LIMITATION

The LuxeListReviews.com website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without KERN’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to KERN’s websites without express written permission.

5. PROPRIETARY INFORMATION

The text and image based material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by KERN (the “Content”) is the proprietary information of KERN or the party that provided or licensed the Content to KERN, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of KERN, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates KERN’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

6. LINKS TO THIRD-PARTY WEBSITES

This site may link to other sites which are not maintained by, or related to, KERN. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or KERN. KERN has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and KERN makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. KERN provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by KERN of that site or any association with its operators.

7. USE OF COMMUNICATION SERVICES

KERN’s websites may contain comment boxes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related (directly germane) to the particular Communication Service. Users agree to adhere to this Terms of Use agreement when using KERN’s Communication Services.

When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

1. You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
2. Advocates illegal activity or discusses an intent to commit an illegal act;
3. Is vulgar, obscene, pornographic, or indecent;
4. Does not pertain directly to this site;
5. Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
6. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
7. Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
8. Violates any law or may be considered to violate any law;
9. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
10. Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
11. Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
12. Solicits funds, advertisers or sponsors;
13. Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
14. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
15. Includes MP3 format files;
16. Amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
17. Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
18. Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

KERN reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. KERN reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. KERN also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither KERN nor any third party that provides Content to KERN will assume or have any liability for any action or inaction by KERN or such third party with respect to any submission. KERN cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. KERN does not control or endorse the content, messages or information found in any Communication Service and, consequently, KERN specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized KERN spokespersons, and their views do not necessarily reflect those of KERN.

8. SUBMISSIONS

You hereby grant to KERN the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to KERN through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. KERN will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future KERN operations.

KERN will treat any personal information that you submit through this site in accordance with its Privacy Policy as detailed in section#15, below.

9. DISCLAIMER

You understand that KERN cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. KERN does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by KERN.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. KERN DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. KERN DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KERN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KERN MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT KERN, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. KERN MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and KERN does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

10. LIMITATION ON LIABILITY

KERN, HER AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF KERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KERN AND HER AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO KERN FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

11. TERMINATION OR RESTRICTION OF ACCESS

KERN reserves the right, in its sole discretion, to terminate your access to any or all of KERN’s websites and the related services or any portion thereof at any time, without notice.

12. INDEMNITY

You will indemnify and hold KERN, her affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

13. TRADEMARKS AND COPYRIGHTS

The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including without limitation “Luxe List Reviews,” are trademarks or registered trademarks of KERN. All other content on the website(s) is the copyrighted work of KERN or its affiliates, Copyright © 2011-2012 Merilee Kern, all rights reserved, and may not be copied, imitated or used, in whole or in part, without the prior written permission of KERN or its affiliates. The rights in any third party trademarks or copyrighted works on this Website are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of KERN. The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability.

14. SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). KERN will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that KERN considers insecure, KERN will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, KERN reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. KERN reserves the right to investigate suspected violations of these Terms of Use.

KERN reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing KERN to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS KERN FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KERN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KERN OR LAW ENFORCEMENT AUTHORITIES.

15. PRIVACY POLICY

This privacy policy will explain the kind of information that may be collected about you and how it may be used. By accessing and using the website and/or communicating with KERN via email or other form of digital transmission for business purposes, you agree to this privacy policy.

Information Collected from You and How It Is Used

KERN-owned entities retain and utilize the contact details of those entities that proactively contact KERN. This includes publicists or other PR/public relations professionals, business owners, agents, affiliates, or other applicable parties seeking to bring a product, service, technology, destination, event or other type of brand and/or any kind of news notification whatsoever to the attention of KERN and are doing so by proactively sending a pitch, press release, notification, bulletin or any other type of communication to 1) any email address whatsoever that’s associated with TheLuxeList.com, LuxeListReviews.com and/or KernCommunications.com or 2) submitting any of the data entry submission forms via any of these Web sites: TheLuxeList.com, LuxeListReviews.com and/or KernCommunications.com. In any of the above instances, identifying information like your name, address, phone number(s) and email address may be collected and used for KERN-related and KERN-specific sales, marketing, newsletter and other germane business practices.

If KERN chooses to send out sales, marketing, newsletter or other business email communications in the future and has your email address on file, you may receive a copy of such communication.  At the bottom of every email transmission there is a simple way to opt-out by clicking the remove/unsubscribe prompt link to email notify merilee@luxelistreviews.com (or other applicable email address that will facilitate removal) of your desire to opt out.

KERN may also collect IP address information and non-personal information such as operating system, browser software, Internet domain and host names, and activity on the website. Additionally, KERN may contract with third party service providers who provide analytic tools and reporting technologies that may collect certain non-personal information via cookies, web beacons, or other types of tracking pixels. If utilized, KERN would collect such information to optimize the website(s), to process orders (if applicable), and to protect against potentially fraudulent transactions. Under no circumstances does KERN rent, trade or share your e-mail address with any other company for their marketing purposes without your consent. KERN may disclose the personal and non-personal information to any successor-in-interest of its business. KERN may need to disclose your personal information when required by law or when it has a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process.

Cookies

Like many web sites and almost all e-commerce web sites, this website may use “cookies.” Cookies are bits of information that are stored on your computer by your web browser. Although the cookies don’t store any of your personal information, they do allow this website to provide you with a more personalized user experience, to track your use of the website, to analyze website activity and to allow you to login and begin use of the website automatically when you visit.

Whether you want your web browser to accept cookies or not is up to you. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to be notified when you receive a new cookie, or how to disable cookies altogether. If you haven’t changed your computer’s settings, most likely your browser already accepts cookies. You can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-ons settings. However, because cookies allow you to take advantage of some of features and services, it is recommended that you leave them turned on. For instance, if you block cookies, on some e-commerce sites you will not be able to add items to your cart, proceed to checkout, or use any services that require you to sign in.

How Your Information Is Protected

KERN follows generally accepted industry standards to protect the personal information submitted to it from unauthorized access or disclosure, both during transmission and once KERN receives it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while KERN strives to use commercially acceptable means to protect your personal information, absolute security cannot be guaranteed. KERN assumes no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or other acts or omissions.

Data Transfer and Storage

KERN is a California corporation operated from within the United States. Accordingly, information collected by KERN will be stored in the United States. If you are accessing the Website or emailing any KERN-operated business or entity from outside of the United States, you acknowledge and agree that your information will be received by or transferred to servers located within the United States and processed by KERN and its third party service providers.

Who we share your data with

We DO NOT share your information with third parties. KERN may use your email to contact you with sales, marketing or other germane business communications. We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

How long we retain your data

When you place an order or submit a submission form through the Site and/or contact us directly via email, we will maintain your Personal Contact and/or Order Information for our records unless and until you ask us to delete this information.

Changing Your Personal Information

You have a right to access the personal information held about you and can request to receive the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes. You can obtain a copy of your personal information and request changes or deletion of your personal information and/or account at any time by emailing KERN at merilee@luxelistreviews.com. For your protection, you may be required to provide proof of your identity before obtaining a copy of your personal information.

Opting Out of Certain Communications

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Irrespective of your country of residence, if you are no longer interested in receiving e-mail announcements and other communications from KERN, please e-mail your request to merilee@luxelistreviews.com. Please include your complete name, e-mail address (all possible that KERN may have on file), and mailing address.

16. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and KERN arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in San Diego County, California, exclusive of its choice of law rules, and you agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the County of San Diego in the State of California and the courts having appellate jurisdiction over those courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, if you access or use the website from the European Union, for purposes of any action or claim against KERN this Agreement shall be governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to disputes arising in connection with this agreement. In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and KERN as a result of this agreement or use of KERN’s websites.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and KERN with respect to KERN’s websites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

KERN may revise these Terms of Use at any time by updating this posting. KERN may update this privacy policy from time to time in order to reflect, for example, changes to practices or for other operational, legal or regulatory reasons.