Effective date: 31 Aug, 2016
Thank you for visiting the Cat Perkins website, www.catperkins.com., owned and operated by Cat Perkins, Inc.. These terms apply to our website, mobile applications and other online service, (collectively the “Site.”) You should not access or use our Site until you have carefully read and agreed to these terms and conditions of use (the “Terms”) which govern your access to and use of this Site.
By using this Site, you and other users of the Site agree to these Terms. If you do not agree to these Terms, you may not access or use the Site. We may modify the Terms from time to time without notice to you. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on this Site. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.
Cat Perkins provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.
By submitting information through this Site you represent that you are over the age of 18.
The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of Cat Perkins. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express terms of this Agreement.
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, user generated content, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
The Site may be used only for lawful purposes by individuals using authorized services of Cat Perkins. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Cat Perkins specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
g. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
Violations of system or network security may result in civil or criminal liability. Cat Perkins will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
User Generated Content (“UGC”).
We are not responsible for the content users post on our Site. You accept sole responsibility for any material you may submit via the Site including photos, messages, text, information, videos, User profiles, and any other content that you upload, share, publish or display on or through the Site. You may not upload to, post, transmit, distribute or share UGC on this Site that you did not create or that you do not have permission to share. You may not post or upload to these Sites any content that (i) is confidential, proprietary, false, fraudulent, defamatory, obscene, threatening, invasion of privacy or publicity rights, infringing on intellectual property rights, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise create liability or violate any law; or (iii) may contain software viruses, political campaigns, mass mailings, chain letters, or spam. You warrant that any UGC you post, transmit, or share is owned by you or you have obtained permission for its use.
The UGC does not reflect our opinions or views and under no circumstances are we liable in any way for UGC, including, but not limited to, errors or omissions or any loss or damage of any kind incurred as a result of the use of or reliance on any UGC. You understand and agree we have the right, but no obligation to archive, to not publish, to modify or to remove UGC (without notice or liability) if we, in our discretion, consider the UGC to be in violation of these Terms or otherwise harmful to our Site.
By posting UGC to our Site, you understand and agree you grant Cat Perkins and its affiliates an unrestricted, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, adapt, translate and distribute such UGC for any purpose, commercial, advertising, or otherwise, throughout the world in any media. Cat Perkins does not assert any ownership over your UGC. You understand and agree your UGC is as between us and you, subject to the rights granted to the Site in these Terms, you retain full ownership of all your UGC and any intellectual property rights or other proprietary rights associated with your UGC.
By posting UGC to our Site, you represent and warrant that you own or otherwise control all the rights to the content, and that you will be responsible for paying all royalties and other fees that might be due to any person or entity; and that you will indemnify Cat Perkins for all claims resulting from content you supply. You are not entitled to any compensation for UGC you post on our Site unless otherwise agreed upon. Cat Perkins does not guarantee that you will have any recourse through Cat Perkins to edit or delete any content you have submitted unless required by law. Ratings and written comments are generally posted within two to four business days. However, Cat Perkins reserves the right to remove or to refuse to post any submission for any reason.
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. 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.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
As between you and Cat Perkins, (or other company whose marks appear on the Site), Cat Perkins (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Cat Perkins. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Cat Perkins or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
The Cat Perkins logos and service names are trademarks of Cat Perkins (the “Cat Perkins Marks”). Without our express prior permission, you agree not to display or use Cat Perkins Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Cat Perkins Mark without our prior written consent.
Cat Perkins Referral Program
From time to time Cat Perkins may offer existing account holders incentives (“Referral Credits”) for referring others to our Site. In order to be eligible for a Referral Credit the following conditions must be met:
1. You must have a valid customer account on the Cat Perkins website
2. You must send a Cat Perkins referral email from the Cat Perkins website to the referred customers. This email will include a link to be used by the referred customer and a statement that you will receive a discount on or gift towards your purchase of products if two of your referred customers each make a purchase of $200 or more within 90 days. You may not change or delete this language. A copy of this email automatically is sent to Cat Perkins.
3. The referred customers must click on the link and must place an order on the Cat Perkins website within 90 calendar days from the date of your email.
4. The referred customers must make a purchase of $200 or more and cannot cancel the order prior to shipment or return the order for a refund within the 30-day Cat Perkins return period
5. The referred customers who purchased must be a new (and not a returning or existing) Cat Perkins customer. Cat Perkins will determine in our sole discretion whether the customer is new to Cat Perkins.
6. When a qualified referred customer has made a timely qualifying purchase and 30 days has expired after the last purchase without the products being returned, you will be notified by email that your Referral Credit for that customer is available. Once you have accrued two Referral Credits you can use them to a free upper (valued up to $95.00) from Cat Perkins.
By participating in the program you represent and warrant that you have the authority to provide Cat Perkins with information about the referred customers including their contact information and that you will abide by the program requirements.
We may terminate your eligibility to earn a Referral Credit or terminate your account, or the accounts of Cat Perkins customers you refer, if you or they take any of the following actions:
1. Open multiple accounts, including with different e-mail addresses, for the same person in order to generate additional Referral Credits.
2. Refer customers using spam, display advertising, sponsored links, unsolicited e-mails, or links on message boards or forums.
3. Use false names, impersonate other people, or otherwise provide false or misleading information to us.
4. Offer incentives to others who register new accounts.
5. Violate any terms and conditions on the Cat Perkins website; or
You are limited in the way you may talk/write about the Program. You understand that for any communications you send you are sending them on your own behalf. You are not permitted, without Cat Perkins’ written permission, to include any Cat Perkins trademarks or other materials in your communications about this Program. The content of all of your communications about this Program must be yours alone. You are required to disclose that you are receiving a financial benefit from Cat Perkins to participate in the Program. When you send a link to a friend you must clearly disclose that you will receive a discount on a future purchase. You must also comply with all anti-spam laws, such as the CAN SPAM Act .Do not write, say or post anything you know is untrue or may be misleading. And, if someone has asked you to stop sending them messages about Cat Perkins, respect that wish.
We reserve the right in our sole discretion at any time and without prior notice to you to add to, remove or otherwise change the Cat Perkins Referral Program terms, including without limitation: changing the amount or type of the Referral Credit, modifying how you may earn and spend Referral Credits, modifying the duration and expiration of Referral Credits, requiring minimum purchase amounts for use of credit eligibility, instituting maximum amount of referral credits that you may earn, and discontinuing the Cat Perkins Referral Program entirely. The terms set forth in this section as of the date of your transaction will apply.
You may not use the Site for any purpose or in any manner that violates the rights of any third party. We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party’s intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) 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; and (vi) 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 of authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Copyright Agent: firstname.lastname@example.org
It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.
Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.
Links from and to the Site
You may be able to link to third party websites (“Linked Sites”) from the Site or Services. Linked Sites are not, however, reviewed, controlled or examined by Cat Perkins in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Cat Perkins’ endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Cat Perkins be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. Cat Perkins reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link from the Site. To seek our permission, you may write to us at email@example.com. We reserve the right, however, to deny any request or rescind any permission granted by us, and to terminate of any such link from the Site, at our discretion at any time.
You agree to defend, indemnify and hold Cat Perkins, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use/misuse of the Site, your violation of the Terms or the posting or transmission of any materials or UGC on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CAT PERKINS DOES NOT WARRANT THAT THE SITE, OR THE FUNCTION, CONTENT MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CAT PERKINS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY TO ANY EXPRESS WARRANTY WE PROVIDE WITH REGARD TO OUR PRODUCTS. PLEASE SEE OUR LIMITED PRODUCT WARRANTY HERE. (I DON:T THINK WE ARE GOING TO USE ONE.)
IN NO EVENT SHALL CAT PERKINS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF CAT PERKINS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS REQUIRED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEW JERSEY PERMITS THE EXCLUSION OF CONSEQUENTIAL DAMAGES UNLESS UNCONSCIONABLE. IN NO EVENT SHALL THE TOTAL LIABILITY OF CAT PERKINS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
You agree that the laws of the state of New York, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with Cat Perkins or relating in any way to your use of the Site resides in the state and federal courts of New York County, New York and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of New York County
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us please go to Contact Us or write to us at:
Cat Perkins, Inc.
120 East 23rd St.
NY, NY 10010
The Terms constitute the entire agreement between you and Cat Perkins and govern your access to and use of the Site, superseding any prior agreements between you and Cat Perkins. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. For our Terms of Sale and Returns Policy click here. For our Limited Warranty click here.(there will be none.)
You agree that no joint venture, partnership, employment, or agency relationship exists between Cat Perkins and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to Cat Perkins or the Sites must be commenced within one (1) year after the claim or cause of action arose.
The failure of Cat Perkins to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.
The Terms inure to the benefit of Cat Perkins’ successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
© Copyright 2016 by Cat Perkins, Inc. All rights reserved.