1. CHANGES TO THIS AGREEMENT
Cache may add to, change or remove any part, term or condition of this Agreement, at any time without prior notice to you. We will notify you of changes to this Agreement by changing the "Last updated" date above. It is your responsibility to check this Agreement periodically for changes. By continuing to access and use the Site, you are indicating your acceptance of such changes.
2. CHANGES TO THE SITE
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site, any portion thereof, or any service or product offered through the Site, with or without notice. We also reserve the right to charge fees in connection with the use of the Site, and to modify or waive any fees charged in connection with the Site. You agree that Cache shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service or product offered through the Site.
3. SITE TRANSACTIONS
We reserve the right to refuse, limit or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You further agree to provide and maintain true, accurate, current, and complete information about yourself or your company, where applicable, as prompted by our registration processes or as required for the purchase of products from, or use of any services at, the Site. You acknowledge that, if you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account, refuse, cancel or block any orders, and refuse any and all current or future use of the Site.
5. SITE ACCOUNTS
5.1. Account Registration
Customers may, but are not required to, create a Site account when they make a purchase through the Site. When you sign up for an account with us, we collect and store your first and last name, e-mail address, password, mailing address, phone number and other contact information. We may also collect additional optional information.
5.2. Account Security
You are entirely responsible for all activities that occur under your Site account and for maintaining the confidentiality of your username, password and account information. You also agree to promptly notify us via email of any unauthorized use of your username, password, unauthorized account activity, other account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to take adequate measures to safeguard your information and account, including exiting from your account at the end of each session.
6. PAYMENT METHODS
Cache accepts only payments via credit card (Visa, MasterCard, American Express, and Discover) or Cache gift card. We will charge your credit card, or debit your Cache gift card, at the time we ship all or a portion of your order to you. All sales and payments will be in US Dollars.
7. RETURN POLICY
All sales made through the Site are subject to Cache's Return Policy, which is incorporated by reference into this Agreement. Our Return Policy may be found here. For a complete explanation of the policy, please read our Return Policy.
8. PROPRIETARY RIGHTS
The term "Site Information" means all information, text, pictures, sound, graphics, video, data and other content provided by Cache, its licensors, and other third parties that is displayed on the Site, except for any Customer Comments (defined in "Customer Comments" section below). You hereby expressly acknowledge that Cache or it licensors own all legal right, title and interest in the Site Information, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and any and all other proprietary rights contained therein, including, without limitation, the trademarks, service marks, logos, patent rights, and copy rights. Cache reserves all rights not expressly granted in and to the Site and the Site Information.
You are authorized to access and use the Site and Site Information as set forth in this Agreement, provided that: (i) your use of the Site and Site Information as permitted hereunder is solely for your personal, non-commercial use; (ii) you will not copy, distribute or transfer any portion of the Site on any media without Cache's prior written approval; (iii) you will not alter, adapt or otherwise modify any part of the Site other than as may be reasonably necessary to use that part of the Site for its intended purpose; and (iv) you will otherwise comply in full with the terms and conditions of this Agreement and applicable law.
9. CUSTOMER CONTENT
9.1. Customer Comments
The Site may, now or in the future, permit you to submit content, such as comments and product reviews ("Customer Comments"). Any Customer Comments you submit may be publicly available to other Site visitors. Cache cannot and does not guarantee any confidentiality or security of any Customer Comments, and does not warrant or verify the accuracy of any Customer Comments.
You are solely responsible for any Customer Comments you submit and the consequences of posting or publishing such. Any material, information or idea submitted or posted on this Site by you will be considered non-confidential and non-proprietary. Cache may share or otherwise use your submission for any purpose whatsoever without your consent.
With respect to any Customer Comments you submit, you agree you will not: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant Cache all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the Site to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of Cache, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses 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; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law; and (ix) collect or store personal data about other Customers.
While we are not obligated to do so, we reserve the right to refuse or remove any Customer Comments from the Site (1) that we reasonably consider to violate this Agreement or to otherwise be illegal or objectionable; (2) respond to any notice submitted pursuant to our Take-Down Notice and the Digital Millennium Copyright Act; and (3) to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any Customer alleged to be using the Site in violation of the law.
9.2. Customer Communications
With respect to all communications you make to Cache, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Cache shall have no obligation to protect your communications from disclosure; (ii) Cache shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Cache shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
10. IMPROPER USE OF THE SITE
Cache respects the intellectual property of others, and we ask you and all Customers to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of Customers who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Cache or others.
Further, while using the Site or Site-related services (including in connection with any Customer Comments), you agree that you will not, and will not induce any third party to: (i) use the Site or any of the Site Information in a way that is unlawful, harms Cache or any User of Site, or otherwise violates the rights of any party; (ii) use the Site or any of the Site Information in a way that could overburden, or impair the Site (or the networks or systems connected to the Site; (iii) attempt to disable or circumvent any security mechanisms used by the Site or Site Information, or otherwise attempt to gain unauthorized access to any portion or feature of the Site or Site Information or any other systems or networks connected to the Site, or to any server of Cache or its third party service providers, by hacking, password "mining", or any other illegal means; (iv) use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Site Information; (v) use any device, software, instrumentality or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site, or with any other person's use of the Site; (vi) breach any security measures implemented on the Site or in the Site Information; (vii) track or seek to trace any information on any other person who visits the Site; (viii) use the Site or Site Information for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or (ix) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the Site or Site Information, or otherwise made available to you in connection with the Site or Site Information; or (x) use the Site or Site Information in any manner that otherwise violates this Agreement.
11. DMCA NOTICE; COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe any Site Information or content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to our Designated Copyright Agent ("Designated Copyright Agent") containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
(ii) Identification of the copyrighted work 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 such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) 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.
Cache's Designated Copyright Agent to receive notifications of claimed infringement is:
Attn: Designated Copyright Agent
c/o DLA Piper LLP
500 8th Street, NW
Washington, DC 20004
Please send only DMCA notices to our Designated Copyright Agent. You acknowledge that if you fail to comply with all of the above requirements of this Section 8, your DMCA notice may not be valid.
We have made every effort to display as accurately as possible the colors of our products, but we cannot guarantee that your computer's display of any color will be accurate.
13. SITE ERRORS
There may be information on our Site that contains typographical errors that may relate to products, descriptions, pricing, promotions, availability, or offers. We reserve the right to, at any time and without prior notice, correct any such errors and to correct information or cancel orders for any and all such inaccurate information, including but not limited to after an order has been placed. If your credit or debit card has already been charged for an order which is subsequently cancelled, Cache shall issue a credit to your credit or debit card account.
You hereby agree to indemnify, defend, and hold the Cache Parties (defined in "Disclaimer of Warranties" section below) harmless from and against any and all losses, damages, claims, demands, liabilities and costs (including, without limitation, settlement costs, attorneys' fees and any legal or other fees and expenses incurred in investigating or defending any actions or threatened actions) arising from or related to your breach of this Agreement or otherwise arising from or related to your use or misuse of the Site, or Site Information, or your submission of any Customer Comments.
You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. Cache reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers who have participated in such violations.
16. WARRANTY DISCLAIMER
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL SITE INFORMATION AND CUSTOMER COMMENTS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, OF ANY KIND. YOUR USE OF THE SITE, INCLUDING ANY CONTENT OR SERVICES THEREIN, IS ENTIRELY AT YOUR OWN DISCRETION AND RISK, AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE.
CACHE, ON BEHALF OF ITSELF AND ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AUTHORIZED CUSTOMERS AND THIRD-PARTY SERVICES PROVIDERS, INCLUDING ANY RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS THEREOF, AND ANY OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "CACHE PARTIES"): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. CACHE DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, OR ANY CONTENTS OR SERVICES THEREIN, WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, TIMELY, ERROR-FREE OR COMPLETELY SECURE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENTS THEREOF WILL MEET YOUR REQUIREMENTS, OR THAT THE; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, OR ANY CONTENT OR SERVICES THEREIN, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
Some jurisdictions may not allow the exclusion or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In such event, Cache's warranties and conditions with respect to the Site and Services will be limited to the greatest extent permitted by applicable law in such jurisdiction.
17. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE CACHE PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, EVEN IF A CACHE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, A CACHE PARTY IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, OR ANY CONTENT OR SERVICES THEREIN, THE RELEVANT CACHE PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID CACHE FOR YOUR USE OF THE SITE, AND ANY CONTENT OR SERVICES THEREIN; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
Some jurisdictions may not allow the exclusion or limitation of incidental, special, consequential, or other damages, so the above limitations or exclusions may not apply to you. In such event, Cache's liability for such damages with respect to the Site and Services will be limited to the greatest extent permitted by applicable law in such jurisdiction.
18. LIMITED TIME TO BRING YOUR CLAIM
Where permitted by law, you and Cache agree that any cause of action arising out of or related to the Site or any Site Information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The Site may provide, or third parties may provide, links to other websites or resources. Because Cache has no control over such websites or resources, you acknowledge and agree that Cache is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Cache assumes no responsibility for the content, privacy policies or practices by such third-party websites. By using this Site, you expressly waive any rights, claims or liability against Cache from your use of any third-party website.
You agree that Cache, in its sole discretion, may terminate your use of the Site, including your account or your ability to make purchases through the Site, for any reason, if Cache believes that you have or may violated or acted inconsistently with the letter and spirit of this Agreement. Cache may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Cache may bar any further access to the Site. Further, you agree that Cache shall not be liable to you or any third-party for any termination of access to the Site.
21. RIGHT TO ACCESS / AGE OF CUSTOMERS
To use the Site, you must be fourteen (14) years of age or older. By registering with Cache, you represent and warrant that you are fourteen (14) years of age or older.
22. JURISDICTION, VENUE & WAIVER OF JURY TRIAL
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts of the State of New York, County of New York or the Southern District of New York.
TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO AGREE TO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS AGREEMENT.
23. ENTIRE AGREEMENT, NOTICE, WAIVER, AND SEVERABILITY.
This Agreement constitutes the entire Agreement between you and Cache in connection with the Site or Services and supersedes all prior agreements between you and Cache regarding the subject matter contained herein. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, agency or other like relationship between you and Cache or any of the Cache Parties.
The failure of Cache to insist upon performance of any of the terms and conditions of this Agreement, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Agreement. Any waiver must in writing and signed by Cache.