FREQUENTLY ASKED QUESTIONS

Items purchased at Fredleighton.com will arrive via insured delivery service and require a direct signature. Please note we do not ship to international addresses and shipments to Alaska, Hawaii, US Territories and APF/FPO addresses take additional time.

Fred Leighton is not able to take responsibility for delays caused by weather, the actions of the shipping company or circumstances beyond our control.

Fred Leighton accepts returns on online orders within 30 days of receipt, as long as the Fred Leighton shipping tag remains attached to the item. Fred Leighton cannot accept returns of items that have had the Fred Leighton shipping tag removed.

If you are unhappy with the item or it arrives in damaged condition, please contact [email protected] or call 1.800.927.4367 within 30 days of receipt to receive a return authorization number. Packages without a return authorization number cannot be accepted.

Fred Leighton will accept merchandise for return only in unused, unaltered and saleable condition. Returns must be made in the original packaging with the Fred Leighton shipping tag attached. Fred Leighton cannot accept returns of special orders, sized or engraved items or items which show signs of wear. Fred Leighton reserves the right to refuse any returns. Items purchased online may be returned to Fred Leighton’s Madison Avenue boutique with an original receipt or gift receipt.

Upon completion of the proper return procedures and a determination that the items are in original saleable condition with the Fred Leighton shipping tag remaining attached, Fred Leighton will issue a refund less any shipping and handling expenses. Items presented at the Fred Leighton Madison Avenue boutique for return may take 3-5 business days to process, after which time a refund will be issued.

Within 30 days of receipt, an item in unused, unaltered and saleable condition with the Fred Leighton shipping tag attached may be exchanged for another. If the newly selected item is at a lower price than the item being exchanged, Fred Leighton will issue a refund less any shipping and handling expenses.

If the newly selected item is at a higher price than the item being exchanged, the difference will be charged and normal shipping procedures will be followed. Fred Leighton cannot accept exchanges of special orders, sized or engraved items or items which show signs of wear. Items purchased online may be exchanged at Fred Leighton’s Madison Avenue boutique with an original receipt or gift receipt.

Sales tax will be charged for purchases shipped to the state of New York.

The Children’s Online Privacy Protection Act took effect April 21, 2000, and pertains to websites directed toward children under 13 years of age. This Website is not directed towards, nor for the use of, children under the age of 18 and does not intentionally or knowingly collect information on or from any person under 18 years.

Children who are under age 18, especially those under the age of 13, should not send any information about themselves or their friends and should not register for any of the Fred Leighton on-line services nor should they make requests to receive further information from Fred Leighton by clicking consent or request buttons on the Website. Should we discover or be informed that a child has registered his/her or another child’s personal details, we will delete such information from our records.

Fred Leighton will not intentionally or knowingly collect personally identifiable information from children under age 18. If you, as a parent or legal guardian are concerned that your child has registered for one of our services or wish to cancel your child’s registration and have all details deleted, please contact us by e-mail at: [email protected] or write to us at the following address providing official documents establishing parental or guardian status: Fred Leighton 773 Madison Avenue, Suite 1400 New York, NY 10022 Attention: Website Administrator

This Website is protected by United States and international law, including copyright and trademark laws. This Agreement does not grant any license to modify, alter, adapt, exploit or frame the materials on this Website that are viewed, downloaded, or otherwise accessed by you. Your license does not include: any right of resale or of commercial use of this Website or its contents; any derivative use of this Website or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools in connection with this Website. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials, and you must comply with any applicable end-user license agreements. You may not input or upload onto this Website any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept, or expropriate any system, this Website or its contents, or that infringes upon any intellectual-property rights of Fred Leighton or any third party. You are also prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material, or engaging in any kind of harassment activity via this Website or any Website linked to it.

We value your comments, suggestions, testimonials, ideas, etc. Any such comments, suggestions, testimonials, endorsements, ideas, drawings or similar material disclosed, submitted or posted by you on this Website or in connection with it (a “Contribution”) in any form, media, or technology now known or later developed will be considered non-confidential, non-proprietary and not personal either to you or to anyone else. By disclosing, posting, or submitting any such material, you grant to Fred Leighton and its affiliates a worldwide, non-exclusive, royalty-free, unrestricted, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, edit, publish, translate, rework, distribute, create derivative works from, distribute, perform and display such Contribution or Content (as defined below in whole or in part), without compensation or acknowledgment of source. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or Content or part thereof, or other communication to Fred Leighton. You agree that you are not submitting unsolicited proposals of collaboration of any time as Fred Leighton will not agree nor accept any such submissions.

You also warrant that any “moral rights” in any Contribution or posted or submitted Content have been waived.

Any Contribution or Content submitted or posted to this Website may or may not be published or used, at the sole discretion of Fred Leighton.

Please also see our Privacy Policy.

This Website and any communications service, including the capability to contribute material (including any Contribution) through a blog, chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for entertainment purposes. By using the Website and Services you agree: to provide true, accurate, current and complete information about yourself as prompted by any fill-in form. If any information provided by you is untrue, inaccurate, not current or incomplete, Fred Leighton reserves the right to terminate your access and refuse any and all current or future use of the Services.

• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
• “Stalk” another;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a Fred Leighton official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Website;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
• Act in a manner that negatively affects other users’ ability to engage in the Website or Services; Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• Intentionally or unintentionally violate any applicable local, state, national or international law.

You also agree that you will not harvest, collect or store information about the users of this Website or the Content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that Fred Leighton is not responsible for material submitted to Fred Leighton or posted to the Website by users. Fred Leighton does not pre-screen, monitor, review or edit the Content posted by users. However, Fred Leighton and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in Fred Leighton’s judgment, does not comply with these Terms and Conditions of Use or is otherwise undesirable, inappropriate or inaccurate. Fred Leighton is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Fred Leighton. You agree to immediately notify Fred Leighton of any unauthorized use of the Service or any other breach of security known or suspected by you.

You acknowledge and agree that Fred Leighton may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Fred Leighton, its users or the public.

You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Fred Leighton assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to Fredleighton.com.

Any or all Content on the Website may be purged periodically in Fred Leighton’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Fred Leighton or submitted to Fred Leighton, including Content. You further acknowledge and agree that the views expressed on the Website do not necessarily reflect the views of Fred Leighton, and Fred Leighton does not support or endorse Content (including any Contribution, whether or not edited by Fred Leighton or its designee or presented on the Website edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

In operating this site, Fred Leighton does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or Fred Leighton mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Fred Leighton, will be deemed not to be confidential or secret. By submitting or sending information or other material to Fred Leighton you represent and warrant that the information is original to you and that no other party has any rights to the material.

THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, KWIAT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.

KWIAT DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. KWIAT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU AGREE, BY USING THIS WEBSITE, THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, THAT YOU (AND NOT KWIAT OR ANY OF ITS AGENTS) ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS WEBSITE, AND THAT YOU (AND NOT KWIAT OR ANY OF ITS AGENTS) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS WEBSITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you

IN NO EVENT SHALL KWIAT, ANY DIRECT OR INDIRECT SHAREHOLDER, AFFILIATE, OTHER RELATED ENTITY, SUBSIDIARY, JOINT VENTURE, PARTNER, ENTITY IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THIS WEBSITE, FROM THE USE OF IT, FROM THE INABILITY TO USE IT, FROM OR THROUGH THE DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE), FROM OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION, OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR FROM ANY OTHER ERROR, FAILURE, OR DELAY IN DATA TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE.

KWIAT SHALL HAVE NO LIABILITY FOR THE DELETION OF ANY COMMUNICATIONS OR INFORMATION COLLECTED, MAINTAINED, OR TRANSMITTED BY THIS WEBSITE OR THE FAILURE TO STORE ANY INFORMATION, INCLUDING PERSONALIZED SETTINGS. KWIAT SHALL HAVE NO LIABILITY WITH RESPECT TO ANY INFORMATION POSTED BY USERS ON CHAT ROOMS, BULLETIN BOARDS, OR OTHER USER FORUMS.

Upon a request by Fred Leighton, you agree to defend, indemnify and hold Fred Leighton, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Website or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Contribution or Content or other materials by you or users authorized by you or any violation of these Terms and Conditions of Use by you. Fred Leighton reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Fred Leighton in asserting any available defense.

In addition to any fee of which you are notified your provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All charges are billed by and payable to your mobile service provider.

Fred Leighton will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services, as are all Services, are provided on an AS IS basis.

Data obtained from you in connection with this SMS service may include your cell phone number, your provider’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. We will never share this information with a third party.

At any time, and without notice, Fred Leighton may modify, update, or otherwise change any term of this Agreement or this Website. You agree that you are deemed to be apprised of, and that you are bound by, any such changes immediately upon its posting. We encourage you to visit this Website from time to time to review the current version of the Agreement.

Fred Leighton may, through its sole discretion, terminate or cancel your use of this Website or terminate or cancel this Agreement for any reason, without prior notice. Upon termination or cancellation of this Agreement, you will immediately discontinue use of this Website. Through its sole discretion, and at any time, Fred Leighton may also discontinue providing this Website or any part of it, with or without notice. Fred Leighton shall not be liable to you or any third party for any of the foregoing. Parts or all of this Agreement shall survive termination or cancellation of this Agreement and the termination or cancellation of your use of this Website.

Fred Leighton does not authorize linking to this Website from a third party web site without its written permission.

Although this Website may contain links to other Websites, Fred Leighton has no control over those linked Websites. You acknowledge and agree that Fred Leighton is not responsible for the availability of those linked Websites or their content. Fred Leighton provides links as a convenience and does not endorse the proprietors or content of any linked Websites, including any linked Website of any company related to Fred Leighton, in control of it, or under common control with it. It is your sole responsibility to comply with the appropriate terms of service of any linked sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such linked sites and any content contained thereon.

KWIAT DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY PRODUCT OR SERVICE PROVIDED VIA ANY LINKED WEBSITE. IN NO EVENT SHALL KWIAT BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY LOSS OR DAMAGE ARISING FROM OR OCCASIONED BY THE CREATION OR USE OF THE LINKED SITES OR THE INFORMATION OR MATERIAL ACCESSED THROUGH THESE LINKED SITES.

You should direct any concerns to that linked site’s administrator or webmaster. Fred Leighton reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the linked sites from the Website and/or introduce different features or links to different users.

SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.

Fred Leighton prohibits caching of any portion of this Website and any unauthorized links to this Website and unauthorized framing of it. Fred Leighton reserves the right to disable any unauthorized links or frames.

We control and operate this site from our offices in New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws on use and access, if and to the extent local laws are applicable.

By accessing this Website both you and Fred Leighton agree that all claims and matters regarding this Website or the use of this Website shall be governed according to the laws of the State of New York, United States of America, without regard to its conflicts of law principles. Fred Leighton makes no representations or warranties that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. In addition you agree that any controversy or claim arising out of or relating to this Agreement, the Terms and Conditions of Use or the Website shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon all awards rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall be held in New York, New York and shall be conducted before three arbitrators selected in accordance with such rules. The arbitrators are empowered to award reimbursement of attorney fees and other costs of arbitration to the prevailing party, in such manner as the arbitrators deem appropriate. The arbitrators shall have the right to grant a permanent injunction in addition to any damages or other relief.

The names KWIAT, Tiara Diamonds, Simply Brilliant, and the Fred Leighton tiara logo are trademarks of Fred Leighton Enterprises LLC and/or its affiliates and are used under license.

All designs and materials on this Website are either Copyright © Fred Leighton Enterprises LLC 2009 or are licensed for use by Fred Leighton Enterprises LLC, except where otherwise noted. All rights reserved.

Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.

We respect the intellectual property rights of others, and require that the people who use the Fredleighton.com Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

• Your username, address, telephone number, and e-mail address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• 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;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• 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.

Contact only for copyright matters.

For all other inquiries, please contact us at the below address. Fred Leighton Enterprises LLC 773 Madison Avenue, Suite 1400 New York, NY 10022 Attention: Copyright – General Counsel

All notices and other communications to Fred Leighton shall be in writing, must be given by certified mail, return receipt requested and must be addressed to Fred Leighton at the address set forth for it in this Website at the time of delivery.

A waiver or consent, express or implied, to or of any breach by you, or any delay in enforcement of any provision of this Agreement on the part of Fred Leighton, will not constitute a consent to, or waiver of, any other breach or default by you of the same or any other obligations of you. Failure on the part of Fred Leighton to complain of any act of yours or to declare you in breach or default, irrespective of how long that failure continues, does not constitute a waiver by Fred Leighton of its rights with respect to that default until the applicable statute-of-limitations period has expired.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this

Fred Leighton may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us at the above address.