Terms & Conditions
PRIVACY
Please review our Privacy
Notice, which also governs your visit to KateAspen.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit KateAspen.com or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices on this site. You agree
that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of Kate Aspen or its content suppliers and protected by United States and
international copyright laws. The compilation of all content on this site is the
exclusive property of Kate Aspen and protected by U.S. and international copyright
laws. All software used on this site is the property of Kate Aspen or its software
suppliers and protected by United States and international copyright laws.
TRADEMARKS
KATE ASPEN and KATEASPEN.COM, and other marks indicated on our site are trademarks
of Kate Aspen, Inc. in the United States and other countries. Kate Aspen's trademarks
and trade dress may not be used in connection with any product or service that is
not Kate Aspen, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Kate Aspen, Inc. All other trademarks
not owned by Kate Aspen that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by Kate
Aspen, Inc.
LICENSE AND SITE
ACCESS
Kate Aspen grants you a limited license to access and make personal use of this
site and not to download (other than page caching) or modify it, or any portion
of it, except with express written consent of Kate Aspen. This license does not
include any resale or commercial use of this site or its contents; any collection
and use of any product listings, descriptions, or prices; any derivative use of
this site or its contents; any downloading or copying of account information for
the benefit of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for
any commercial purpose without express written consent of Kate Aspen. You may not
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of Kate Aspen.com and
our affiliates without express written consent. You may not use any meta tags or
any other "hidden text" utilizing Kate Aspen's name or trademarks without the express
written consent of Kate Aspen. Any unauthorized use terminates the permission or
license granted by Kate Aspen. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of Kate Aspen.com so long as the link
does not portray Kate Aspen, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use any
Kate Aspen.com logo or other proprietary graphic or trademark as part of the link
without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account or password.
Kate Aspen does sell products for children, but it sells them to adults, who can
purchase with a credit card. If you are under 18, you may use Kate Aspen only with
involvement of a parent or guardian. Kate Aspen and its affiliates reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel orders
in their sole discretion.
Important: Your credit card on file is charged at the time of shipping. If the card
declines, your order will be held and not ship until a new and valid credit card
is provided. The new credit card provided will automatically update to all open
and unshipped orders as a courtesy so that they may ship.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications;
and submit suggestions, ideas, comments, questions, or other information, so long
as the content is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third parties
or objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any person or entity,
or otherwise mislead as to the origin of a card or other content. Kate Aspen reserves
the right (but not the obligation) to remove or edit such content, but does not
regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you
grant Kate Aspen and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable,
and fully sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout the
world in any media. You grant Kate Aspen and its affiliates and sublicensees the
right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to
the content that you post; that the content is accurate; that use of the content
you supply does not violate this policy and will not cause injury to any person
or entity; and that you will indemnify Kate Aspen or its affiliates for all claims
resulting from content you supply. Kate Aspen has the right but not the obligation
to monitor and edit or remove any activity or content. Kate Aspen takes no responsibility
and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Kate Aspen and its affiliates respect the intellectual property of others. If you
believe that your work has been copied in a way that constitutes copyright infringement,
please email KateAspen@theaspenbrands.com.
RISK OF LOSS
All items purchased from Kate Aspen are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our delivery
to the carrier.
PRODUCT DESCRIPTIONS
Kate Aspen and its affiliates attempt to be as accurate as possible. However, Kate
Aspen does not warrant that product descriptions or other content of this site is
accurate, complete, reliable, current, or error-free. If a product offered by Kate
Aspen itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our website
represents the wholesale price listed on the product itself. With respect to items
sold by Kate Aspen, we cannot confirm the price of an item until you order; however,
we do NOT charge your credit card until after your order has entered the shipping
process. Despite our best efforts, a small number of the items in our catalog may
be mispriced. If we discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, we will charge the lower
amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at our discretion,
either contact you for instructions before shipping or cancel your order and notify
you of such cancellation.
Please note that this policy applies only to products sold and shipped by Kate Aspen.
Suggested retail pricing is double the wholesale price.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY KATE ASPEN ON AN "AS IS" AND "AS AVAILABLE" BASIS. KATE
ASPEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS
TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KATE ASPEN DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. KATE ASPEN DOES NOT WARRANT THAT THIS SITE,
ITS SERVERS, OR E-MAIL SENT FROM KATE ASPEN ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. KATE ASPEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting KateAspen.com, or purchasing products from or otherwise doing business
with Kate Aspen, Inc., you agree that the laws of the state of Georgia, without
regard to principles of conflict of laws, will govern these Conditions of Use and
any dispute of any sort that might arise between you and Kate Aspen, Inc. or its
affiliates.
DISPUTES
Any dispute relating in any way to your visit to KateAspen.com or to products you
purchase from Kate Aspen shall be submitted to confidential arbitration in Atlanta,
Georgia, except that, to the extent you have in any manner violated or threatened
to violate Kate Aspen's intellectual property rights, Kate Aspen may seek injunctive
or other appropriate relief in any state or federal court in the state of Georgia,
and you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other
policies, such as our Privacy Policy posted on this site. These policies also govern
your visit to KateAspen.com. We reserve the right to make changes to our site, policies,
and these Conditions of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be deemed severable
and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Kate Aspen, Inc.
2400 Chattahoochee Drive.
Duluth, GA 30097
http://www.kateaspen.com