TERMS OF USE
Welcome to Catherine Malandrino. Catherine Malandrino provides this Site as a service to our
customers. Please review the following basic rules that govern
your use of our Site (the "Agreement"). Please note
that your use of our Site constitutes your agreement to follow
and be bound by these terms. If you do not agree to these terms,
please do not use this Site. Although you may "bookmark"
a particular portion of this Site and thereby bypass this Agreement,
your use of this Site still binds you to the terms. Since Catherine Malandrino may revise this Agreement at any time, you should visit this
page periodically to review the terms of your use.
SITE CONTENTS
Occasionally there may be information on Catherine Malandrino.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.
Unless otherwise noted, all materials, including
images, illustrations, designs, icons, photographs, video clips,
and written and other materials that are part of this Site (collectively,
the "Contents") are copyrights, trademarks, trade and/or
other intellectual property owned, controlled, or licensed by
Catherine Malandrino. The Site as a whole is protected by copyright
and trade dress, all worldwide rights, titles, and interests
in and to which are owned by Catherine Malandrino.
This Site and all its Contents are intended solely
for personal, non-commercial use. You may download or copy the
Contents and other downloadable materials displayed on the Site
for your personal use only. No right, title, or interest in any
downloaded materials or software is transferred to you as a result
of any such downloading or copying. You may not reproduce (except
as noted above), publish, transmit, distribute, display, modify,
create derivative works from, sell or participate in any sale
of, or exploit in any way, in whole, or in part any of the Contents,
the Site, or related software.
TAX ON ORDERS PLACED
ONLINE
If the destination state collects sales tax, we will collect that tax
on your order. The legal definition of "nexus" - the "presence" of
a company in a certain state - means that the presence of a Catherine Malandrinodealer in a state is enough for a state to collect sales tax; Catherine Malandrino remits this money to the proper state.
USER COMMENTS, MATERIALS,
FEEDBACK, AND POSTCARDS
It is Catherine Malandrino’s company policy not to accept or consider
unsolicited creative ideas, suggestions, materials, or business
proposals from persons or entities outside our company. If at
our request you send certain specific submissions (for example,
a photograph, or story), or if despite our request that you
not send us unsolicited creative materials, you send us other
suggestions, comments, feedback, ideas, postcards, opinions,
concepts, graphics, text, drawings, or other materials (all
of the foregoing, collectively, the "Materials"),
all such Materials, submitted or offered to Catherine Malandrino on or by this
Site or otherwise disclosed, submitted, or offered in connection
with your use of this Site shall be and remain Catherine Malandrino’s
property. Such disclosure, submission, or offer of any Materials
shall constitute an assignment to Catherine Malandrino of all worldwide rights,
titles, and interests in all copyrights and other intellectual
properties in the Materials. Thus, Catherine Malandrino will own exclusively
all such rights, titles, and interests and shall not be limited
in any way in its use, commercial or otherwise, of any Materials.
Catherine Malandrino is and shall be under no obligation (1) to maintain any
Materials in confidence; (2) to pay to the user any compensation
for any Materials; or (3) to respond to any user Materials.
You agree that no Materials submitted by you to
the Site will violate any right of any third party, including
copyright, trademark, privacy or other personal or proprietary
right(s). You further agree that no Comments submitted by you
to the Site will be or contain libelous or otherwise unlawful,
abusive, or obscene material. You are and shall remain solely
responsible for the content of any Materials you submit.
PRODUCT INFORMATION
Products displayed on Catherine Malandrino.com are available in select stores
in the United States. The prices displayed on the Site are quoted
in U.S. dollars and are valid and effective only in the U.S.
and are subject to change at any time.
COLORS
We have made every effort to display as accurately as possible the
colors of our products that appear on our Site. However, as the actual
colors you see will depend on your monitor, we cannot guarantee that
your monitor's display of any color will be accurate.
LINKS TO OTHER WEB SITES
AND SERVICES
This Site may contain links to other websites that are not under the
control of Catherine Malandrino. Catherine Malandrino has no responsibility for the
linked websites, nor does it necessarily endorse the linked websites.
Catherine Malandrino provides the links solely for the convenience and information
of our Site users.
DISCLAIMER
CATHERINE MALANDRINO PROVIDES THE MATERIALS ON THIS SITE "AS IS" WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. CATHERINE MALANDRINO EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE
THE MATERIALS ON THIS SITE, ALTHOUGH CATHERINE MALANDRINO MAY MODIFY THE MATERIALS
AT ANY TIME WITHOUT NOTICE. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE
THAT YOUR USE IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF
ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE. YOU
FURTHER ACKNOWLEDGE THAT CATHERINE MALANDRINO SHALL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
INDEMNIFICATION
You agree to defend, indemnify, and hold Catherine Malandrino harmless from
and against any and all claims, damages, costs, and expenses, including
attorneys' fees, arising from or related to your use of the Site,
your breach of these Terms of Use, and/or any of the foregoing agreements,
representations, and warranties.
MISCELLANEOUS
Unless otherwise specified, this Site and the Contents thereof
are displayed solely for the purpose of promoting products and
services provided by Catherine Malandrino.
This Agreement shall be construed in accordance
with the laws of the State of California, without regard to
any conflict of law provisions. Any dispute arising under this
Agreement shall be resolved exclusively by the state and/or
federal courts. The waiver of any provision of these Terms of
Use shall not be considered a waiver of any other provision
or of Catherine Malandrino ’s right to later require strict observance
of each of the terms herein. If any provision of these Terms
of Use is found to be unenforceable or invalid for any reason,
that provision shall be severable and all other provisions shall
remain in full force and effect. This constitutes the entire
agreement between us relating to your use of the Site and shall
not be modified except in writing signed by both parties.
TERMINATION
These terms are effective unless and until terminated by either you
or Catherine Malandrino. You may terminate this Agreement at any time. Catherine Malandrino also may terminate this Agreement at any time and may do
so immediately without notice, and accordingly deny you access to
the Site, if in Catherine Malandrino ’ sole discretion you fail to
comply with any term or provision of this Agreement. Upon any termination
of the Agreement by either you or Catherine Malandrino, you must immediately
discontinue use of this Site and promptly destroy all materials downloaded
or otherwise obtained from this Site, as well as all copies of such
materials, whether made under the terms of use or otherwise. Note
that certain provisions of this Agreement (Site Contents; User Comments,
Materials, Feedback, and Postcards; Disclaimer; and Indemnity) will
survive termination.
INFORMATION WE COLLECT
We do not share information about you with other companies. We automatically
collect your IP address, but not your email address, when you visit
our site. We use your IP address to help diagnose problems with our
server, and to administer our Web site.
We collect your contact information (like email
address) and financial information (like credit card numbers).
Contact information from the order form is used to send orders
and information about our company to you. Financial information
that is collected is used to bill you for products and services.
HOW WE USE YOUR INFORMATION
We use your mailing address to ship your products to you, and to verify
your billing information. We do not share our customer names, mailing
addresses or email addresses with anyone outside of Catherine Malandrino.
HOW TO CONTACT US ABOUT
YOUR PRIVACY
If you have any questions about our privacy statement, the practices
of this site, or your dealings with our Web site, you can contact Catherine Malandrino Online Customer Service .