Terms & Conditions
Welcome to KateAspenShops.com. Kate Aspen Shops provides its services to you subject
to the following conditions. If you visit or purchase at KateAspenShops.com, you
accept these conditions. Please read them carefully. In addition, when you use any
current or future Kate Aspen Shops service or visit or purchase from any business
affiliated with Kate Aspen Shops, whether or not included in the
KateAspenShops.com Web site, you also will be subject to the guidelines
and conditions applicable to such service or business.
PAYMENTS AND FEES
As consideration for the services purchased, you agree to pay Kate Aspen Shops a
non-refundable establishing fee of
$189.00
and a monthly service fee of
$19.95
, billed to your credit card within the first 10 business days of the month. If
your credit card is declined, you will be notified. Kate Aspen Shops reserves the
right to terminate the service agreement upon your failure to pay on a timely basis.
KateAspenShops.com services are billed on a monthly basis for the current calendar
month. Merchants are responsible for payment upon the period billing date. You agree
to pay your monthly bill until you cancel your account with the required 60 day
notice. After the 60 day notice period expires you will no longer be charged the
monthly billing fee. Commissions will continue to be paid to you during this 60
day period. No partial refunds of your payments will be granted.
You will receive a monthly compensation check for the orders that were processed
during the previous month. This check will be mailed by the 25th of the following
month. When your account has a $50 balance or more, you will receive a check. For
example, if during March your commission is $100, your check for $100 will be mailed
by April 25th. If in May your commission is $45, your check for May and June will
be mailed in July. If you earn another $10 in commissions in June, your check for
$55 will be mailed by July 25th. Deductions from your commissions will naturally
occur when returns are received on previous sales. You can view a detailed account
of purchases and returns on your secure owner login page.
With respect to the web address you choose for the site and any information supplied
by you to include in the site such as logo, artwork, or content (e.g. for the home
page or other sections of the site), you will retain whatever ownership rights you
have in such material. You agree that since Kate Aspen Shops does not control the
selection of information or content that you provide for the site, you will hold
Kate Aspen Shops harmless and defend Kate Aspen Shops against all liability. Kate
Aspen Shops reserves the right, in its sole discretion, to remove any such information
or to disable the site in the event any copyright, trademark or other intellectual
property infringement is alleged by a third party, and Kate Aspen Shops shall not
be liable to you in any capacity for such removal of information or disabling of
the site.
Nothing in this agreement shall operate to grant a license or other right to you
for use of the trade names, trademarks, service marks or logos of KateAspenShops.com.
Account cancellation process
To cancel your account, please submit a request to
cancel@kateaspenshops.com. Your account will remain active for 60 days from
the date the email is received. Regular billing and commission cycles will continue.
At the end of 60 days your shop will be closed and your account will no longer be
charged. All commissions will be paid.
PRIVACY
Please review our Privacy Notice, which also governs your visit to
KateAspenShops.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit KateAspenShops.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 Shops 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 Shops and protected by U.S. and international
copyright laws. All software used on this site is the property of Kate Aspen Shops
or its software suppliers and protected by United States and international copyright
laws.
LICENSE AND SITE ACCESS
Kate Aspen Shops 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 Shops. 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 Shops. 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
Shops.com and our affiliates without express written consent. You may not use any
meta tags or any other "hidden text" utilizing Kate Aspen Shops name or trademarks
without the express written consent of Kate Aspen Shops. Any unauthorized use terminates
the permission or license granted by Kate Aspen Shops. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of your
Kate Aspen Shop so long as the link does not portray Kate Aspen Shops, or its products
or services in a false, misleading, derogatory, or otherwise offensive matter. You
are authorized to use any Kate Aspen Shops.com banner found in the marketing tools
as part of the link.
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 Shops 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 Shops
only with involvement of a parent or guardian. Kate Aspen Shops reserves the right
to refuse service, terminate accounts, remove or edit content, cancel orders or
accounts at its sole discretion.
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 Shops
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 Shops a nonexclusive, royalty-free, perpetual, irrevocable, and
fully sub licensable 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 Shops 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 Shops for all claims resulting from content you supply. Kate
Aspen Shops has the right but not the obligation to monitor and edit or remove any
activity or content. Kate Aspen Shops takes no responsibility and assumes no liability
for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Kate Aspen Shops 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 KASOwner@theaspenbrands.com
RISK OF LOSS
All items purchased from Kate Aspen Shops 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 Shops attempts to be as accurate as possible. However, Kate Aspen Shops
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 Shops
itself is not as described, your sole remedy is to return it in unused condition.
Internet Auction Sites
Kate Aspen Shops specifically prohibits marketing of the products within this program,
and does not license or authorize marketing the products within this program, on
Ebay or any other internet auction sites. Any Owner found in violation of this regulation
will receive one (1) cease and desist notice and, if found not in compliance within
14 days of initiation of said notice, will have their shop terminated with no refund.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY KATE ASPEN SHOPS ON AN "AS IS" AND "AS AVAILABLE" BASIS.
KATE ASPEN SHOPS 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 SHOPS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KATE ASPEN SHOPS DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM KATE ASPEN SHOPS ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. KATE ASPEN SHOPS 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 KateAspenShops.com, or purchasing products from or otherwise doing business
with Kate Aspen Shops, you agree that the laws of the states of Georgia and New
York, 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 Shops.
DISPUTES
Any dispute relating in any way to your visit to KateAspenShops.com or to products
you purchase from Kate Aspen Shops 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 Shops intellectual property rights, Kate Aspen
Shops 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 KateAspenShops.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 Shops
3012 Adriatic Court
Norcross, GA 30071
http://www.kateaspenshops.com