KASPER's Terms of Use

General
Site Content
Product Information
Colors
Comments and Submissions
Indemnification
Links to Other Web Sites
Disclaimer
Inaccuracy Disclaimer
Miscellaneous
Third-Party Trademarks
Notices for Reporting and Making Claims of Copyright Infringement
Termination

General

We ask that you abide by the terms and conditions that follow. Please read them carefully, because your use of the KASPER.com web site (the "Site") constitutes your agreement with these terms. We reserve the right to revise these terms and conditions from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

Site Content

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Jones Investment Company, Inc. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Jones Investment Company, Inc. KASPER.com and all other KASPER trademarks appearing on this Site are trademarks of Jones Investment Company, Inc.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. 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 any related software.

Product Information

Most KASPER products displayed on the Site are available in select department stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in KASPER stores. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the 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.

Comments and Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to KASPER on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain KASPER's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to KASPER of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. KASPER is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments 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 Comments you make.

You agree that KASPER may use and/or disclose information consistent with our Privacy Policy.

Indemnification

You agree to defend, indemnify and hold KASPER 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.

Links to Other Web Sites

To the extent that this Site contains links to outside services and resources, the availability and content of which KASPER does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

Disclaimer

IN NO EVENT SHALL KASPER OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF KASPER 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 THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE 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.

Inaccuracy Disclaimer

From time to time there may be information on this Site 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 KASPER.com purchase you may return it by contacting our Customer Service Center.

Miscellaneous

Unless otherwise specified and except to the extent KASPER products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting KASPER's products and services available in the United States and select foreign markets. This Site is controlled and operated by KASPER from its offices in New York, New York.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York.

Third-Party Trademarks

Third-party trademarks, trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

Notices for Reporting and Making Claims of Copyright Infringement

KASPER will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for this website: