Terms & Conditions
Welcome to the Kenneth Cole website, owned and operated by Kenneth Cole Productions, Inc. (together with its wholly owned affiliates and subsidiaries, ‘Kenneth Cole’, ‘Company’, ‘we,’ or ‘us’). Your use of the Kenneth Cole website located at www.kennethcole.com (together with any successor site(s) and all software, apps, tools and associated content published, distributed or otherwise made available through these websites, the ‘Site’), constitutes your agreement to follow and be bound by these Terms & Conditions (the ‘Agreement’). If you do not agree to the Agreement, you should not access or use the Site. Kenneth Cole reserves the right to make changes to the Site and to the Agreement from time to time. When we make changes, we notify you by referring to the ‘Last Updated’ legend at the top of the page.
Notice Regarding Dispute Resolution: This Agreement includes provisions that govern how claims you and we may have against each other are resolved (see Section 19 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 19. Please read the below terms carefully. Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Acceptance of Terms.The Site is made available by Company subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion. You can determine when this Policy was last revised by referring to the ‘Last Updated’ legend at the top of this page. If you do not agree with the terms of the revised Agreement you should terminate your use of the Site. Use of the Site constitutes your acceptance of the Agreement then in effect. 2. Affirmative Representations Regarding Your Use of the Site. When using the Site, you represent that: (a) you are at least eighteen (18) years of age or otherwise have legal capacity to legally agree to the terms and conditions included in this Agreement; (b) you will comply with the terms of this Agreement, and (c) you will use the Site in compliance with applicable law.
Jurisdictional Restrictions. The Site is controlled and operated by Company from the United States, and is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of applicable controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By visiting and using the Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.
Purchases Made Through the Site.We may make available products and services for purchase through the Site, and we may use third-party suppliers and service providers (collectively, ‘Service Providers’) to enable e-commerce functionality on our Site and to provide other e-commerce related services. If you wish to purchase any product or service made available by us through the Site (each applicable purchase, a ‘Transaction’), you may be asked to supply certain information relevant to your Transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting your payment information, you grant Company the right to provide this information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Product Descriptions.All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on this Site, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display the applicable colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. By engaging in a Transaction, you represent that the products you order as part of the applicable Transaction will be used in accordance with all applicable laws. Company reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Refunds and exchanges will be subject to Company's refund and exchange policies then in effect, which will be provided to you at the time you engage in a Transaction through the Site. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when applicable charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Shipping Limitations.When you engage in a Transaction through the Site, the products you purchase as part of that Transaction will be shipped to an address that you designate as long as that shipping address is complete and compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Additionally, there may be supplemental terms applicable to special or international shipments, including shipments facilitated by third party services. These supplemental shipping terms are provided to you as part of your selection of shipping methods.
Accuracy of Information.We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site.
Rules of Conduct.While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Site. You agree that you will not:
- Post, transmit, or otherwise make available, through or in connection with the Site (including when incorporating a link to or portion of this Site in social media or other communications):
- Anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of the applicable right.
- Any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
- Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
- Any unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘spam,’ ‘chain letter,’ ‘pyramid scheme’ or investment opportunity, or any other form of solicitation.
- Use the Site for any fraudulent or unlawful purpose.
- Harvest or collect personally identifiable information about other users of the Site.
- Impersonate any person or entity, including any representative of Company or a Service Provider; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of applicable networks.
- Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
- Use the Site to advertise or offer to sell or buy any goods or services without Company's express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without Company's express prior written consent.
- Create a database by systematically downloading and storing all or any Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, ‘scrape,’ ‘data mine’ or in any way reproduce or circumvent the navigational structure or presentation of the Site, without Company's express prior, written consent.
Submissions.For any information and/or materials you submit to the Site (each, a ‘Submission’), you grant to Company, its Service Providers and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform the applicable Submission, in any media now known or hereafter developed, for Company's business purposes and/or the business purposes of Company's Service Providers and designees, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that each applicable Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. Under no circumstances will Company, or its employees, officers, directors, shareholders, affiliates, agents, representatives or Service Providers, be liable for any loss or damage caused by your reliance on information or materials provided by visitors to the Site. The opinions expressed by Site visitors reflect solely the opinions of the individuals who submitted the applicable opinions, and may not reflect the opinions of Company. IF YOU CHOOSE TO MAKE ANY INFORMATION THAT PERSONALLY IDENTIFIES YOU OR OTHER INFORMATION PUBLICLY AVAILABLE ON THE SITE, YOU DO SO AT YOUR OWN RISK.
Management of the Site; User Misconduct.We reserve the right, but do not undertake the obligation to: (a) monitor or review the Site for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Submissions or materials on the Site, or any portion thereof, that may violate this Agreement, the law, or any of our policies, or for any other reason in Company’s sole discretion, in each instance without prior notice to you; (d) manage the Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site; (e) screen our users, or attempt to verify the statements of our users and/or (f) monitor disputes between you and other users or to terminate or block you and other users for violations of this Agreement. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
Company's Proprietary Rights.The information and materials made available through the Site, including, without limitation, the trade names, trademarks and service marks of Company, including, without limitation, KENNETH COLE, KENNETH COLE NEW YORK, KENNETH COLE REACTION, and any associated logos, are and shall remain the sole and exclusive property of Company and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by Company in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site. All trademarks and service marks on the Site not owned by Company are the property of their respective owners. The trade names, trademarks and service marks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company trade names, trademarks or service marks without our express prior written consent.
Links to Third Party Sites.The Site may provide links to other third party web sites and online resources. Unless otherwise stated on the Site, Company has no control over these third party sites and resources, and you acknowledge and agree neither Company nor its Service Providers are responsible for the availability of these third party sites or resources, and neither Company nor its Service Providers endorse or are responsible or liable for any content, advertising, products or other materials on or available through these third party sites or resources. In addition, third party websites may provide links to the Site with or without our authorization. You acknowledge and agree that Company and its Service Providers do not endorse these websites, and are not and shall not be responsible or liable for any links from those third party websites to the Site, any content, advertising, products or other materials available on or through these third party websites, or any loss or damages incurred in connection therewith. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH THIRD PARTY WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Disclaimer of Warranties.THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ‘AS IS’ WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. COMPANY AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
Limitation of Liability.NEITHER COMPANY NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY APPLICABLE INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF APPLICABLE DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER COMPANY NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF COMPANY AND ITS SERVICE PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED $50.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at [email protected] with a description of the material(s) at issue and the URL or location on the Site where applicable material(s) appear.
Exceptions to Disclaimers and Liability Limitations.SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS in Sections 17 and 18 MAY NOT APPLY TO YOU.
Termination.This Agreement is effective until terminated. Company, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any applicable termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Company may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to applicable information or files. However, Company will fulfill or refund any orders you place through the Site prior to the date of termination. You agree that Company shall not otherwise be liable to you or any third party for any termination of your access to the Site or to any applicable information or files, and shall not be required to make applicable information or files available to you after any termination Company. Sections 12, 14, 15, 16, 17, 19, and 22-30 of this Agreement shall survive any expiration or termination of this Agreement.
Claims of Copyright Infringement.The Digital Millennium Copyright Act of 1998 (the ‘DMCA’) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send a notification including all of the information described below (‘Notification’) to our DMCA Agent using the contact information provided below.
You may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link posted on the Website infringes your copyright, you should contact an attorney.
A Notification should include the following:
- Identification of the copyright claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (preferably a link to the material).
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law.
- The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A statement that the information in the Notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be mailed, faxed or emailed to our DMCA Agent at:
Kenneth Cole Productions, Inc.
603 West 50th Street
New York, NY 10019
Attn: General Counsel
Fax: (866) 700-4164
Email: [email protected]
Upon receipt of a substantially compliant Notification regarding an alleged copyright violation, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing. We will also terminate in appropriate circumstances users who are repeat infringers. If you believe that material that you posted was removed in error from the Site and is not infringing, you may send a counter-notification to Company’s DMCA Agent (using the contact information set forth above). Counter-notifications must meet the current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details.
Legal Disputes and Arbitration AgreementPlease Read The Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
- Initial Dispute Resolution. We are available by email at [email protected] to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. Company will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
- Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 19.1 above, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the ‘AAA’) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act. The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. The arbitration rules also permit you to recover attorney’s fees in certain circumstances. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
- Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 19.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
- 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 19.2, 19.3 and 19.4 by sending written notice of your decision to opt-out to the following address: Kenneth Cole Productions, Inc. 603 West 50th Street, New York, NY 10019-0098, Attn: General Counsel or you may contact us contact us via e-mail. The notice must be sent within thirty (30) days of commencing use of the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Company also will not be bound by them.
- Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 19.2 do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New York County, State of New York (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in New York County, State of New York for any litigation other than small claims court actions.
- Applicable Law. You agree that federal laws and the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Company.
Contact Us.If you have any questions about this Agreement or the Site, please direct your questions to [email protected] Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
Information or Complaints.Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to [email protected] You may also contact us by writing to Kenneth Cole Productions, Inc. 603 West 50th Street New York, NY 10019 Attn: E-commerce division, or by calling us at 1-800-KEN-COLE. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Independent Contractors.This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company.
Severability.If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Assignment.You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.
Waiver.No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Headings.Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Entire Agreement.This, together with all policies referred to herein, is the entire Agreement between you and Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to the subject matter herein.
Notices.Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Company's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying applicable notices or by providing links to applicable notices. Without limitation, you agree that 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.
Force Majeure. Company will not be responsible for failures to fulfill any obligations under this Agreement due to causes beyond its control.
No Modifications by Our Employees.If any of our employees offers to modify the terms of this Agreement, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
32. RULES AND LIMITS ON USE OF THE SITE
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. Kennethcole.com is not reserving any rights that exceed its rights under the Consumer Fairness Act of 2016.
33. USER GENERATED CONTENT
We are not responsible for the content users post on this Site. You accept sole responsibility for any material you may submit via the Site including photos, messages, text, information, videos, User profiles (such as your name and User profile image or avatar), and any other content that you upload, share, publish or display on or through the Site. You may not upload to, post, transmit, distribute or share User Generated Content or "UGC" on this Site that you did not create or that you do not have permission to share. You may not post or upload to this Site any content that violates our Customer Ratings and Reviews Terms and Conditions or our Reviews Guidelines. You warrant that any UGC you post, transmit, or share is owned by you or you have obtained permission for its use. The UGC does not reflect our opinions or views and under no circumstances are we liable in any way for UGC, including, but not limited to, errors or omissions or any loss or damage of any kind incurred as a result of the use of or reliance on any UGC. You understand and agree that you have granted Kennethcole.com a royalty - free transferable, non - exclusive license to use, distribute and share the UGC for promotions and marketing purposes. You also understand and agree we have the rights set forth in our Consumer Ratings and Reviews Terms and Conditions, but no obligation to modify or remove Site Content or UGC. Kennethcole.com is not reserving any rights that exceed its rights under the Consumer Fairness Act of 2016
34. RULES FOR SWEEPSTAKES, CONTESTS & GAMES
Kennethcole.com honors each state's guidelines concerning sales and use tax, determined by the destination address of your shipment. Except as otherwise noted below, we are required by law to charge tax where applicable. Orders that will be delivered to Alabama, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Michigan, Missouri, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Ohio, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Texas, Utah, Virginia, Washington and Wisconsin may be subject to such tax depending on their individual requirements.
There is no tax for orders delivered to addresses in Alaska, Delaware, Florida, Missouri, Montana, New Hampshire and Oregon.Please note that order totals at checkout reflect estimated tax. The actual charge to your credit card will reflect all applicable state, local and county taxes and will be calculated once your order is shipped.
36. RATINGS & REVIEWS
The goal of ratings and reviews on Kennethcole.com is to help other clients make more informed buying decisions, based on your opinions and experiences. As a valued client, YOU are in the best position to provide a first-hand review our products. We appreciate your time in sharing your thoughts and opinions.
Reviews are limited to 1,000 characters and require a rating selection to submit.
Your review must be based on your experience of owning the product. Please explain what you like or dislike about the product and why. Only review products you currently own or have owned recently.
Your review should be focused on the product: features, characteristics and performance vs. any purchase or delivery experiences.
Focus on information you think would be helpful for others in their purchasing decisions.
Please ensure you comply completely with all the guidelines. Kennethcole.com will not edit words or phrases, so any review containing any unacceptable content will not be approved for posting.
To write a review you must:
- Register to write a review
- Create a username upon submitting your first review (one time only)
- Agree to be bound by Kennethcole.com's Customer Ratings and Reviews Terms and Conditions and Reviews Guidelines
- Be at least 18 years of age or older
We cannot publish reviews that contain:
- Include the personal information or likeness of another person;
- Are libelous, harassing, abusive, obscene, vulgar, sexually explicit content, or content that is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic;
- Are unrelated to the goods or services offered by or available on Kennethcole.com;
- Are clearly false or misleading;
- Include trade secrets or commercial or financial information obtained from a person and considered privileged or confidential;
- Include personnel and medical files and similar information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
- Include records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
- Are unlawful; or
- Contain any computer viruses, worms, or other potentially damaging computer code, processes, programs, applications, or files.
Please also note that independent contractors and employees are not eligible to submit a review. If a review is submitted that contains any of the above, Kennethcole.com reserves the right to:
- Not publish the review;
- Take any appropriate action if deemed necessary.
Your personal details will not be used or passed on to any third parties.
37. INACCURACY DISCLAIMER
From time to time there may be information on Kennethcole.com that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Kennethcole.com purchase, please see our Returns policy.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state and federal courts of Orange County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
38. GENERAL INFORMATION
The Terms constitute the entire agreement between you and Kennethcole.com and govern your use of the Site, superseding any prior agreements between you and Kennethcole.com. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between Kennethcole.com and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to Kennethcole.com or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Kennethcole.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.
The Terms inure to the benefit of Kennethcole.com's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.