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Terms and Conditions

AGREEMENT BETWEEN USER AND KassiesCloset

The KassiesCloset website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the KassiesCloset website constitutes your agreement to all such terms, conditions, and notices. Your use of the KassiesCloset website may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the KassiesCloset website may contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular KassiesCloset website, then these terms shall control.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE (this "Site"). By accessing or using this website, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this website.

MODIFICATION OF THESE TERMS OF USE.

KassiesCloset reserves the right to change the terms, conditions, and notices under which the KassiesCloset Website is offered, including but not limited any charges associated with the use of the KassiesCloset Website. You are responsible for regularly reviewing these terms and conditions.

USE OF WEBSITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the KassiesCloset and SimplySoles websites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the KassiesCloset and SimplySoles websites.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the website solely for your own noncommercial use, or to place an order with KassiesCloset or to purchase KassiesCloset products. Any other use of materials on KassiesCloset website or on SimplySoles website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this website and on SimplySoles, without prior written permission of KassiesCloset is strictly prohibited.

Harassment in any manner or form on the website, or any websites affiliated with KassiesCloset (including SimplySoles and LillybeeShoe), including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a KassiesCloset employee, host, or representative or other members or visitors on the website is prohibited. You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization.

MISUSE, FRAUD OR MISREPRESENTATION IN CONNECTION WITH KASSIESCLOSET PROMOTIONS OR REFERRAL CREDIT PROGRAM.

From time to time KassiesCloset may run promotions designed to attract new members or increase sales. In connection with these promotions, any person that receives credits, coupons, prizes or other benefits from KassiesCloset by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.

COPYRIGHTS AND TRADEMARKS.

The entire content included in this website, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of KassiesCloset. The collective work includes works that are licensed to KassiesCloset. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to KassiesCloset, or other respective owners that have granted KassiesCloset the right and license to use such Marks.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. KassiesCloset respects the intellectual property of others, and we ask our users and visitors to do the same. KassiesCloset will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, KassiesCloset will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KassiesCloset the following information. Please be advised that to be effective, the Notification must include ALL of the following:

1. physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

2. description of the copyrighted work that you claim has been infringed;

3. description of where the material that you claim is infringing is located on the website;

4. your address, telephone number, and email address and all other information reasonably sufficient to permit KassiesCloset to contact you;

5. statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail:
KassiesCloset

By fax: 202.518.3919
By email: kassie at KassiesCloset.com dot com
(Please include "Notice of Infringement" in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING KassiesCloset THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

TYPOGRAPHICAL ERRORS.

In the event a KassiesCloset product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, KassiesCloset shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. KassiesCloset shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, KassiesCloset shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION.

These terms and conditions are applicable to you upon your accessing the website and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by KassiesCloset without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

USER PARTICIPATION.

KassiesCloset does not and cannot review all communications and materials posted to or created by users accessing the website and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the website, KassiesCloset is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, KassiesCloset reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to KassiesCloset at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by KassiesCloset in accordance with KassiesCloset's Privacy Policy.

USER SUBMISSIONS.

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this website ("Communications") will be considered non-confidential and non-proprietary. KassiesCloset will have no obligations with respect to the Communications. KassiesCloset and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

USER CHAT ROOMS.

KassiesCloset may, but is not obligated to, monitor or review any areas on the website where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. KassiesCloset, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

THIRD-PARTY LINKS.

In an attempt to provide increased value to our visitors, this website may contain links to other websites on the Internet that are owned and operated by third party vendors and other third parties (the "External websites"). However, even if the third party is affiliated with KassiesCloset, KassiesCloset has no control over these linked websites, all of which have separate privacy and data collection practices, independent of KassiesCloset. KassiesCloset has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked websites are only for your convenience and therefore you access them at your own risk. Links do not imply that KassiesCloset sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External websites. Nonetheless, KassiesCloset seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own website, but for websites it links to as well (including if a specific link does not work).You should contact the website administrator or Webmaster for those External websites if you have any concerns regarding such links or the content located on such External websites.

CLAIMS.

Each claim or statement about the effectiveness of KassiesCloset products and/or each claim or statement comparing the effectiveness of KassiesCloset products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the website.

DISCLAIMER.

KassiesCloset makes no warranties or representations about the accuracy or completeness of this website's content or the content of any website or External websites.

KassiesCloset does not filter advertisements or other content that children may view through our websites or "hot-linked" websites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KassiesCloset DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. KassiesCloset DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KassiesCloset DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL KassiesCloset BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF KassiesCloset HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless KassiesCloset, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the website using your Internet account.

APPLICABLE LAWS.

Your use of this website shall be governed in all respects by the laws of the District of Columbia, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of KassiesCloset products) shall be in the state or federal courts located in Washington, DC. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of KassiesCloset products) must be commenced within one (1) year after the claim or cause of action arises. KassiesCloset's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. KassiesCloset may assign its rights and duties under this Agreement to any party at any time without notice to you.

KassiesCloset makes no representation that materials in the website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this website from locations outside of D.C. do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the District of Columbia.

ARBITRATION.

By using this website, you agree that KassiesCloset, at its sole discretion, may require you to submit any disputes arising from the use of this website, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

GENERAL.

KassiesCloset may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this website.

 


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