3. Private or Sensitive Information on Public Forums. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on the Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and, in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
4. Rules of Conduct. While accessing or using the Site, the Service, and the Site Content, in addition to any other supplementary terms, rules and/or guidelines that may be posted, you agree that you shall not:
6. Electronic Communications. You hereby consent to receive communications from us electronically. You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing. We do not accept any liability or responsibility for emails or other electronic communications that are intercepted, garbled, lost or not received.
7. Proprietary Rights. As between you and us, and except for your Submitted Materials (as defined in Section 3 above), we own, solely and exclusively, all rights, title and interest in and to the Site, the Service, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, reports, papers, research, other services, graphics, charts, logos, widgets, gadgets, applets, other distributable applications, other visuals, video and copy), software, code, data and other materials thereon (collectively, the "Site Content"), the look and feel, design and organization of the Site, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Site or the Service does not grant to you ownership or title of, in or to any Site Content or any other part of the Site or the Service.
10. Copyright Claims. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to us: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located; (d) a 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; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a 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 the copyright owner's behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Katten Muchin Rosenman LLP
Attn: Jessica Garrett
575 Madison Avenue
New York, New York 10022
Email: jessica.garrett [at] kattenlaw [dot] com
It is our policy to terminate the accounts of users who repeatedly infringe third-party copyrights.
13. Item Descriptions, Availability, and Pricing. Descriptions or images of, or references to, products or services on the Site do not express or imply our endorsement of such products or services. In addition, while we strive to accurately describe and display our products and services on the Site, items on the Site may occasionally be mispriced, described inaccurately or unavailable (for example, due to delays with respect to updating the Site or our advertising on other Web sites). The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site. For this reason, and others, we cannot and do not guarantee the accuracy or completeness of the information on the Site, including prices, product images, specifications, and indications of availability. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.
Our acknowledgement of your order means that we've received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. For obvious reasons, we must verify an item's availability before it is shipped. In some cases, merchandise displayed for sale on the Site may not be available in stores. Products vary by store.
We will also verify the price of an item before it is shipped out. If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, if the item is no longer available, or we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
14. Purchases. You may only order items from the Site if, and you hereby represent and warrant that, you are domiciled in the United States and you are at least 18 years old or the age of majority in your jurisdiction. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Filene's Basement. You agree to pay all applicable taxes and shipping costs. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase.
For our Returns and Shipping policies, please visit this page. Any shipping times listed at such page are indicative only and we shall have no liability to you for any delay or failure to deliver products within the estimated timescales.
15. Resale Filene's Basement only sells its merchandise to consumers and does not make our products available to other retailers or wholesalers for resale. Suspected resale of merchandise purchased at Filene's Basement for personal or business profit is strictly prohibited. Any order found to have characteristics of reselling will be cancelled. Any attempted return of merchandise intended for resale will be refused. We reserve the right to cancel all subsequent orders or refuse all subsequent returns from such customers. We may modify this policy at any time without prior notice. This policy applies to all purchases made at our retail stores, and on www.filenesbasement.com.
16. Linking to the Site. You agree that, without our prior express permission: (a) if you include a link from any other web site to the Site, such link shall open in a new browser window and shall link to the home page of the Site; (b) you are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by, or on behalf of, us to be displayed on another web site; and (c) you may not link from any other web site to the Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. The posting or creation of a link to the Site signifies that you have read the restrictions described herein and agree to abide by them. We may, in our sole discretion, insist that any link to the Site be discontinued, and we may revoke your right to link to the Site from any other web site at any time upon written notice to you.
17.Third Party Web Sites. The Site may include links to other sites that we think you might find interesting. Such other sites are not under our control and therefore we have not reviewed them and we are not responsible for their content. You click through at your own risk, and Filene's Basement makes no representation or warranties about the content, completeness or accuracy of the sites linked to this site. A link to the site does not imply our endorsement or approval of its content or source.
18. DISCLAIMER OF WARRANTIES. THE SITE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. Filene's Basement MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
Filene's Basement MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE OR THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Filene's Basement MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCTS OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES PROVIDED VIA THE SITE ARE PROVIDED BY US (OR OUR LICENSORS OR THIRD PARTY PROVIDERS OR SUPPLIERS) "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR THE LICENSOR OR SUPPLIER.
20. Jurisdictional Issues. The Site is intended for users who are located in the United States of America. To the fullest extent permitted by applicable law, we do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Effective Date: July 28, 2014
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