Terms of Use
Welcome to Coldwater website. By using our website, you accept these Terms of Use. Coldwater may, in its sole discretion, change these terms from time to time. You should periodically visit this webpage to review the most current terms. Using our website after any of these changes means you accept any such changes. We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to refuse any order you place with us. 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 an order, we will attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. Coldwater will undertake to ship products according to the shipping & handling option selected by you at checkout, but Coldwater reserves the right to change the shipping options as needed.
Site Contents Ownership
This website is expressly owned and operated by Coldwater International LLC. ("Coldwater", "we" or "our"). Unless otherwise noted, the design and content featured on this website, including illustrations, clothing and other product designs, icons, navigational buttons, images, artwork, graphics, so called "look and feel", photography, text, audio and video clips or content, software and the like, (collectively, the "Content") is owned by Coldwater or one or more of its affiliates or is licensed to Coldwater. This website, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved. This website and its Content are intended solely for your personal, noncommercial use. Any use of our website or its Content other than for personal, noncommercial purposes is prohibited. You may not: (a) reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the Content, or the website as a whole, or any related software; (b) use any data mining, robots or similar data gathering or extraction methods; (c) manipulate, duplicate or otherwise display this website or the Content by using framing or similar navigational technology; (d) register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe any party for any website product or service if you are not expressly authorized by such party to do so; and (e) use this website or the Content, including any of the features, tools and services on this website, for any reason other than for its intended purpose, including to communicate with Coldwater, to upload onto this website or otherwise transmit to this website, any materials, content or images that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any harassing, morally offensive, criminal, obscene, profane, defamatory, libelous or threatening content. However, you may download or electronically copy and print any of the Content displayed on our site for your personal, noncommercial use. If you download, copy or forward via email any part of the Content, no right, title or interest in those materials is transferred to you. You further agree not to change or delete any proprietary notices from materials downloaded from the website.
Coldwater and its affiliates are the sole owners of the trademarks COLDWATER CREEK, COLDWATER CREEK OUTLET, COTTONLUXE, DESTINATIONS BY COLDWATER CREEK, ONECREEK, ONECREEK ELITE, PERFECT SHIRT, PERFECT TUNIC, PONTE PERFECT, PRIMAKNIT, SHAPEME, SPIRIT BY COLDWATER CREEK, THE CREEK, THE PERFECT SHIRT, THE STUDIO PANT, WEEKEND BY COLDWATER CREEK and any associated logos, among other marks. All trademarks and service marks used on the website not owned by Coldwater are the property of their respective owners. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.
USE OF WEBSITE AND DOCUMENTS
Coldwater hereby authorizes you to make a single copy of the content displayed on the Website for your use in learning about, evaluating or acquiring Coldwater services or products, provided (i) you mark such copy "© 2009 Coldwater, Inc. All rights reserved."; (ii) the use of such copy is for informational and non-commercial or personal use and will not be copied or posted on any network computer or broadcast in any media; and (iii) no modifications to such copy are made. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, perform, display in public, alter, or modify the content contained on the Website. Accredited educational institutions, such as K-12, universities and colleges, may download and reproduce the content displayed on the Website for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The Website may contain email services, bulletin board services, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using the Communication Services or the Website, you will not (i) use them in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages; (ii) defame, abuse, harass, threaten or otherwise violate the legal rights of others; (iii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, pornographic, racist, lewd, lascivious, excessively violent, harassing, unlawful, or otherwise objectionable topic, name, material or information; (iv) upload, or otherwise make available, files that contain material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent to do the same; (v) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; (vi) restrict or inhibit any other user from using and enjoying the Communication Services or the Website; (vii) harvest or otherwise collect information about others, including email addresses; or (viii) violate any applicable laws or regulations. Coldwater has no obligation to monitor the Website or Communication Services. However, Coldwater reserves the right to review materials posted to the Website and the Communication Services and to remove and/or edit any materials in its sole discretion. Coldwater reserves the right to terminate your access to the Website and the Communication Services at any time, without notice, for any reason whatsoever. Coldwater reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Coldwater's sole discretion.
Privacy
We may collect your personal information in an effort to provide you with an enhanced customer experience and to administer our business. Your personal information also allows us to communicate with you about special offers, promotions and other marketing programs that may be of interest to you. This website is not intended for use by children under the age of 13. We do not knowingly collect or solicit any personal information from children under the age of 13. Should we learn that someone under the age of 13 has provided any personal information to or on this website, we will remove that information as soon as possible. To see our privacy and security policy, which is incorporated herein by reference. You agree and accept those provisions as part of these Terms of Use.
Product Display
Coldwater has made every effort to display accurately the products featured on this website. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. Coldwater cannot guarantee that your monitor's display of any color, texture or merchandise details will be accurate. Please remember, however, that if for any reason you are not satisfied with your purchase, please return the item for an exchange or refund.
Product Availability
In order to keep our website current, we frequently change the merchandise offered. This means that we cannot guarantee that an item displayed on a previous visit to this or another Coldwater website will still be available when you visit again. Please understand that some of our featured items are available only in limited quantities. When an item is no longer in stock, we will take reasonable steps to remove that item from this website or otherwise to indicate that the item is no longer available. If you cannot find an item you previously saw on Coldwatercreek.com or for any other help with our merchandise, please call us at 1-888-678-5576.
Information Accuracy
Coldwater makes reasonable attempts to provide the most recent, accurate and reliable information on our website. However, there may be occasions when information featured on this website may contain incomplete data, typographical errors, inaccuracies or omissions as to merchandise size, price, color or other matters, or an item that is no longer in stock. Coldwater does not warrant or accept any responsibility or liability for the accuracy, completeness or currency of the information accessible via this website. Coldwater reserves the right to correct errors and to update information on our website at any time. Of course, we will make reasonable efforts to provide you with current prices at the time you place your order. In the event that a product is mistakenly listed at an incorrect price, Coldwater reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, Coldwater shall issue a credit to your credit card account in the amount of the incorrect price.
Compliance with Laws
You represent, warrant and covenant that in accessing and using this website you shall comply with all applicable laws, rules, regulations and by-laws of the United States or the country in which you reside, including, without limitation, those relating to the Internet, data, e-mail, privacy and the transmission or exporting of data from the United States or the country in which you reside. Furthermore, you represent, warrant and covenant that you are not located, a resident of or domiciled in any country or jurisdiction that Coldwater is prohibited from communicating with or exporting to and you agree that you shall not access this website from such country or jurisdiction.
Product Pricing
The prices displayed on this website are quoted in U.S. currency. Prices are subject to change at any time.
Comments, Feedback, Postcards and Other Submissions
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered in connection with your use of this website (collectively, the "Comments") shall be and remain the exclusive property of Coldwater. Such disclosure, submission or offer of any Comments shall constitute an absolute assignment and license to Coldwater of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. In addition, you agree to waive all moral rights in any Comments in favor of Coldwater. Thus, Coldwater will own exclusively all right, title and interest in and to the Comments and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We may, at our option and in our sole discretion, use, post, distribute, critique, quote from, characterize and/or refer to your Comments or any portion thereof in whole or in part. We are not in any way obligated to use, post or respond to any Comments submitted by you in connection with your use of this website. We may remove Comments in whole or in part at our option and in our sole discretion. Coldwater is and shall be under no obligation to maintain any Comments in confidence, to pay the user any compensation for any Comments or to respond to any user Comments. You are and shall remain solely responsible for the content of any Comments you offer or submit. Harassment in any manner or form on the website, including via e-mail, chat or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Coldwater or other licensed employee, host or representative, as well as 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, which may constitute or encourage a criminal offense, violate the rights of any party or which may 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. Use of the website for any illegal or unauthorized purpose is strictly prohibited. Coldwater 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, Coldwater 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, Coldwater 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) offensive, inappropriate or otherwise unacceptable to Coldwater in its sole discretion. Coldwater may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. You understand and agree that Coldwater cannot be responsible for the content posted on the website and that your use of the website is at your own risk. Coldwater is under no circumstances liable in any way for any content posted on the website or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the website.
Account Security
This website allows you to register or obtain a password so that you may use certain services available on this site. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you. For further information regarding Coldwater protection of your personal information, please see our privacy and security policy.
Disclaimer of Warranties and Limitation of Liability
Coldwater does not warrant that this website will operate uninterrupted or error-free, that defects will be corrected or that this site or its server will be free of viruses or other harmful elements. As a user of this website, your access is undertaken at your own risk. Coldwater shall not be liable for damages of any kind related to your use of or inability to use this website, even if Coldwater knew or should have known of the potential for such damages. If your use of this website or the site's material results in any costs or expenses, including, without limitation, the need for services or replacing equipment or data, Coldwater shall not be responsible for those costs or expenses. THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. COLDWATER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH COLDWATER STRIVES TO PROVIDE THOROUGH AND ACCURATE CONTENT ON THIS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEST, GRAPHICS AND LINKS. COLDWATER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.Indemnification
You agree to defend, indemnify and hold Coldwater, its officers, directors, employees, agents, licensors and suppliers harmless from and against any and all losses, claims, damages, costs, liabilities and expenses, including attorneys' fees, arising from or related to your use of the site, your breach or alleged breach of these Terms of Use, your unauthorized use of the Content or your violation of any rights of any other person.
Links
This website may contain links to websites owned by third parties. These links, if any, are provided solely as a convenience to you and are not an endorsement by Coldwater of the contents on those other sites. Coldwater is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. Coldwater has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Coldwater. If you decide to visit any third-party sites using links from this website, you do so at your own risk.
Termination
This agreement is effective unless and until terminated by either party. Coldwater may terminate this agreement at any time and may do so immediately and without notice if in Coldwater sole and absolute discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of this agreement by either you or Coldwater, Coldwater may deny you access to this website and you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as copies of such materials, whether made under the terms of these Terms of Use or otherwise. The Site Contents Ownership, Comments, Feedback, Postcards and Other Submissions, Disclaimer of Warranties and Limitation of Liability, Indemnification, Termination and Applicable Law sections shall in all events survive any termination of these terms and conditions.
Applicable Law
Your access to this website, as well as these Terms of Use and the agreement they create, and the legal relations between you and Coldwater will be governed by and construed in accordance with the laws of the Commonwealth of Florida, without regard to any conflict of law provisions. You irrevocably and unconditionally consent to the exclusive jurisdiction of the state and federal courts located in Florida for any litigation or dispute arising out of or relating to your access to this website and the agreement created thereby. Any cause of action or claim you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises or be barred forever. Coldwater 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. These terms and conditions constitute the entire agreement between you and Coldwater with regard to your use of this website. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Coldwater may assign its rights and duties under this Agreement to any party at any time without notice to you.
