Terms of service

Welcome to Kate Aspen.com, a website of Kate Aspen, Inc. ("Kate Aspen"). Kate Aspen and its affiliates provide their services to you subject to the following conditions. If you visit or purchase at Kate Aspen.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Kate Aspen service or visit or purchase from any business affiliated with Kate Aspen, whether or not included in the KateAspen.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

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 the United States and international copyright laws. Resellers are authorized to use only the copyrighted content provided in the digital download files. Replication, duplication, and altering of Kate Aspen designs is strictly prohibited and will result in discontinuation of services. The compilation of all content on this site is the exclusive property of Kate Aspen and protected by the 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 the 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 at their sole discretion. All retailers must have written approval to sell on any and all online marketplaces for example Amazon, eBay, Wal-mart, and Etsy. This list is indicative only and non-exhaustive. Selling to any online marketplace is prohibited without written permission. Kate Aspen reserves the right to request the immediate removal of descriptions and images for past due or defaulted accounts. 1.5% monthly interest will be applied to all invoices not paid within terms.

Important: Your credit card on file is charged at the time of shipping. If the card declines or is unable to process, your order may be held and not ship until a new and valid credit card is provided. The new credit card provided or existing credit cards on the account may automatically update to all open, unpaid, and unshipped orders as a courtesy so that they may ship and/or your account can be made current.

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 the product descriptions or other content of this site are 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 & SHIPPING
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.

Your order confirmation is an estimate of your costs and is not finalized at the time of placing the order.

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 (located in the footer section of the site ("Privacy Policy")). 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.

ADDRESS
Kate Aspen, Inc.
2700 Breckinridge Blvd
Duluth, GA 30096
https://www.kateaspen.com