Terms and Conditions
The following terms and conditions (“Terms") govern your use of the website cushnie.com and any other website, microsite, mobile device application, social media or other internet property owned or operated by Cushnie, LLC or any of its affiliates or subsidiaries (collectively, “Cushnie" or “we" or “us" or “our") and related services (collectively, the “site(s)"). The terms “you," “your," and “user" refer to anyone who accesses or is a visitor to any of the site(s), including the website and web pages located at cushnie.com. The site(s) are made available by Cushnie. USE OF ANY OF THE SITE(S) OR THE PURCHASE OF PRODUCTS FROM THE SITE(S) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND TO ACT IN ACCORDANCE WITH THESE TERMS. your access to and use of the site(s) is undertaken at your own risk. If you do not agree to these Terms or are dissatisfied with the site(s) or any content therein, your sole and exclusive remedy is to stop using the site(s) and its/their information, content and services, and you may not access or otherwise use the site(s).
As between you and Cushnie, Cushnie owns, solely and exclusively, all rights, title, and interest in and to the site(s) and all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the site(s), and the compilation of the content, code, data, and materials on the site(s), including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, or has a valid right from a third party to use such material on the site(s). Your use of the site(s) does not grant to you ownership of any content, code, data, or materials that you may access on the site(s), nor does it grant you any license to use or display the same except as permitted on the site(s) itself.
Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited license to access, view, use and display the sites and site content on your computer or other device, provided that you comply fully with these Terms. Unless you obtain CUSHNIE’s prior written consent, you may not copy, reproduce, republish, upload, post, repost, transmit or distribute any part of the site(s) in any manner whatsoever, except for your personal, non-commercial viewing purposes. You may view the content of the site(s) on your computer or other Internet compatible device, and make single copies or prints of the content of the site(s) for your personal, internal use only. The site(s) and the services offered on or through the site(s), including any content and materials thereon, are only for your personal, non-commercial use. Any commercial distribution, publishing or exploitation of the site(s), or any content, code, data, or materials therein, is strictly prohibited unless you have received the prior written permission of CUSHNIE or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on the site(s). If you make other use of the site(s), or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States of America, other countries, as well as applicable local and state laws and may be subject to liability for such unauthorized use. CUSHNIE will enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
Trademarks and Copyrights
CUSHNIE owns, or has a valid right from a third party to use, all copyrights for all material on the site(s) and all trademarks, service marks, trade names, logos, and domain names used on or in connection with the site(s). The trademarks, logos, service marks, and trade names (collectively, the "Trademarks") displayed on the site(s) are registered and unregistered Trademarks of CUSHNIE and/or others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. Nothing on the site(s) grants, by implication, estoppel, or otherwise, any license or right to use any Trademarks on the site(s) without the prior written permission of CUSHNIE or the third party that may own the applicable Trademark. Any modification or use of such materials or Trademarks from any of the site(s) for any purpose not explicitly permitted in writing by CUSHNIE is strictly prohibited and is a violation of these Terms. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the site(s) without the prior written permission of CUSHNIE or the applicable rights holder. CUSHNIE will enforce its Trademark rights to the fullest extent of the law, including by seeking criminal prosecution.
User Information and Accounts
You are responsible for your use of the site(s), and for any use of the site(s) and its/their content made using your account. You warrant and agree that you shall not: (a) use the site(s) for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute, or in any way exploit any information or other material obtained through the site(s) for commercial purposes (other than as expressly permitted by the provider of such information or other material); or (c) attempt to gain unauthorized access to other computer systems through the site(s).
When you use any of the site(s), you may not: (i) violate any law or regulation; (ii) violate or infringe any party’s intellectual property, privacy, publicity, or other legal rights; (iii) make statements or post materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact; (iv) use or attempt to use any "deep link," "scraper," "crawler," "robot," "bot," "spider," "data mining," "computer code" or any other automatic means of obtaining lists of products, prices, users or any other information from or through the site(s) or the services offered on or through the site(s), including without limitation any information residing on any server or database connected to the site(s) or the services offered on or through the site(s) (although CUSHNIE may allow operators of public search engines to use spiders to index materials from the site(s) for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and CUSHNIE reserves the right to revoke these exceptions either generally or in specific cases); (v) use automated methods to send more requests to CUSHNIE’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; (vi) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (vii) use the site(s) or the services made available on or through the site(s) in any manner with the intent to interrupt, damage, disable, overburden, or impair the site(s) or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (viii) violate the security of the site(s) or attempt to gain unauthorized access to the site(s), data, materials, information, computer systems, or networks connected to any server associated with the site(s); (ix) interfere with, attempt to interfere with or otherwise disrupt the proper working of the site(s), any activities conducted on or through the site(s) or any servers or networks connected to the site(s), including accessing any data, content or other information prior to the time that it is intended to be available to the public on the site(s); (x) send unsolicited or unauthorized advertising or commercial communications, such as spam; or (xi) stalk, harass, or harm another individual. You further agree that you may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the site(s) or the site(s)'s services, or any content thereof, or make unauthorized use thereof. You agree that you will comply with and respect all robots.txt files. You agree that you will not use the site(s) in any manner that could damage, disable, overburden, or impair the site(s) or interfere with any other party's use and enjoyment of the site(s). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site(s).
You agree that you shall not upload, post, transmit, distribute, or otherwise publish through the site(s) or any service offered on or through the site(s), any materials that (i) restrict or inhibit any other user from using and enjoying the site(s) or the site(s)'(s) services; (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, hateful, racist, aggressive, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or otherwise objectionable or inappropriate; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law; (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, patent, moral rights, confidentiality, contract, rights of privacy or publicity, or any other proprietary right; (v) contain a virus, spyware, or other harmful component or malicious or unsolicited software; (vi) contain advertising, chain letters, or pyramid schemes of any kind; or (vii) constitute or contain false or misleading indications of origin, endorsement, or statements of fact. You alone are responsible for the content and consequences of any of your activities. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the site(s) or CUSHNIE. CUSHNIE is not responsible for any materials posted to this site(s) by any third parties. However, CUSHNIE reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in CUSHNIE's sole discretion are objectionable or in violation of these Terms, CUSHNIE's policies, or applicable law.
You agree not to link from any other website to any of the site(s) in any manner such that the site(s), or any page of the site(s), is not viewable in its entirety in a user interface, "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the site(s) from your website at any time upon written notice to you.
User Generated Content
As between you and CUSHNIE, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials (collectively, "user content") that you may submit, transmit, upload, post, email, or otherwise make available on or through any of the site(s). All user content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of user content, including but not limited to the right to be attributed as the author of the user content and the right not to have the user content edited or changed in a way you are not happy with.
By providing CUSHNIE and/or the site(s) with user content, you hereby grant to CUSHNIE and its affiliates, representatives, and assigns, a worldwide, non-exclusive, fully paid, royalty-free, transferable, sub-licensable, unrestricted, perpetual, irrevocable, license and permission to use, copy, reproduce, modify, adapt, translate, create derivative works of, transmit, display, print, publish, distribute and perform any and all of your user content (in whole or in part) in connection with the site(s) and/or to incorporate your user content in other works in any form, media or technology now known or later developed, without further consent or notice to you, including for promotional and commercial purposes, and to authorize others to do all or any of the foregoing. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any user content. We may exercise these rights without notice to you and without paying any compensation to you. CUSHNIE reserves the right to display advertisements in connection with your user content and to use your user content to advertise and promote your user content, the site(s), and CUSHNIE and its products. CUSHNIE reserves the right to modify user content in its sole and absolute discretion. CUSHNIE is not required to host, display, or distribute any user content, and may remove, delete or destroy any user content at any time and for any reason or no reason in CUSHNIE's sole discretion.
You represent and warrant that: (a) your user content is original to you, no other party has any rights thereto, and you own all rights in your user content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your user content) or, alternatively, you have acquired all necessary rights in your user content to enable you to grant to CUSHNIE the rights in your user content described herein; (b) your user content is not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us; (c) you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your user content; (d) you are the individual pictured or heard in your user content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears or is heard in your user content to enable you to grant the rights to CUSHNIE described herein; (e) you will make such permissions available to CUSHNIE upon request; (f) your user content does not violate, misappropriate or infringe any copyright, trade secret, trademark, privacy right, publicity right or other intellectual property right of any other third party and that any “moral rights" in your user content have been waived; and (g) your user content complies with these Terms. You agree to keep all records necessary to establish that your user content does not violate any of the foregoing representations, warranties and promises and to make such records available to CUSHNIE upon CUSHNIE's request.
You further agree that CUSHNIE and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than user content (“Feedback"), whether oral or written, that you may send to CUSHNIE or its affiliates. You acknowledge and agree that (i) you have no expectation of compensation or confidentiality of any nature, and that CUSHNIE has no duties to you, with respect to such Feedback, and (ii) CUSHNIE has the right (but not the obligation) to use such Feedback for any purpose without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.
CUSHNIE reserves the right, but does not have an obligation, to monitor and/or review user content. CUSHNIE does not endorse or control the user content transmitted or posted on the site(s) and therefore CUSHNIE is not responsible for user content and CUSHNIE does not guarantee the accuracy, integrity, or quality of user content, which may not necessarily reflect the views of CUSHNIE. You understand that by using the site(s), you may be exposed to user content that is offensive, indecent, or objectionable to you. Under no circumstances will CUSHNIE be liable in any way for any user content, including, without limitation, for any errors or omissions in any user content, or for any loss or damage of any kind incurred by you as a result of the use of or reliance on any user content submitted, transmitted, uploaded, posted, emailed, or otherwise made available via the site(s). CUSHNIE has no control over user content once it leaves the site(s), and it is possible that others may duplicate user content on other sites on the Internet.
You acknowledge that CUSHNIE has the right – though not the obligation – in Our sole discretion to refuse to post or remove any user content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any user content and you waive any rights you have in having the material altered or changed in a manner not agreeable to you. Without limiting the generality of the foregoing or any other provision of these Terms, CUSHNIE has the right to remove any user content that violates this User Generated Content Policy or is otherwise objectionable, and we reserve the right to refuse service and/or terminate access without prior notice for any user who violates these Terms or infringes the rights of others.
You agree that if you include a link from any other website to cushnie.com or to any of the site(s), such link shall open in a new browser window. You agree not to link from any other website to cushnie.com or to any of the site(s) in any manner such that the site(s), or any page of the site(s), is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the site(s) from your web site at any time upon written notice to you.
CUSHNIE reserves the right to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in CUSHNIE's sole discretion are objectionable or in violation of these Terms, CUSHNIE’s policies or applicable law.
Nothing contained herein shall be construed as a restriction on or waiver of any consumer’s right to make any statement regarding CUSHNIE or its employees or agents, or concerning CUSHNIE's goods or services.
Notices of Claimed Copyright Infringement
CUSHNIE respects the intellectual property rights of others. CUSHNIE will remove user content or other applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, CUSHNIE has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work or content has been copied and posted to the site in a way that constitutes copyright infringement, please provide Our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed upon; (c) a description of where the material that you claim is infringing is located on the site; (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) your name, address, telephone number and email address (if available); 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 are authorized to act on the copyright owner's behalf.
Please email all of the information listed above to our Customer Care department at firstname.lastname@example.org.
You agree to defend, indemnify, and hold CUSHNIE, its parent company, their respective affiliated and related companies, and each of their respective directors, officers, members, managers, employees and agents harmless from any and all damages, claims, liabilities, costs and expenses, including reasonable attorneys' fees, which any of them may incur arising in any way from your misuse of the site(s), your placement or transmission of any message, content, information, software, or other user content or Feedback through the site(s), or your breach or violation of the law or of these Terms. CUSHNIE reserves the right, at its own expense, but is not obligated, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with CUSHNIE’s defense of such claim. This provision does not require you to indemnify CUSHNIE for any unconscionable commercial practice by CUSHNIE or for CUSHNIE’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the sites or any services provided hereunder.
Third Party Websites
CUSHNIE is not responsible for third party websites that link to or from any of the site(s). The inclusion of any link to such third party websites on any of the site(s) does not imply Our endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site. We do not promise that the contents of any such third party sites are accurate, compliant with local, state or federal law, including any intellectual property laws. CUSHNIE disclaims all responsibility for any viruses or malicious code that may appear on any third party websites, and for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such site. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. CUSHNIE shall not be held liable or responsible for the content of any sites that link to or from any of the site(s).
We reserve the right to refuse any order you place through the sites. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, the same email address, or orders that use the same promotion code, billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Additionally, we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other unauthorized party. You are not permitted to resell any products or services purchased through any of the sites for commercial purposes.
Product availability on the sites is not guaranteed as products may be low in stock or out of stock when an order is completed. Products displayed on the sites may not be available in certain stores, or vice versa. Prices for a product (including sales) may vary between the sites and stores or between geographies.
Pricing and Other Errors
We have made every effort to display as accurately as possible the colors and features of our products on the sites. However, the particular technical specifications, displays and settings of your electronic device could affect the accuracy of the display. We are not responsible if information made available on the sites is not accurate, complete or current.
From time to time, information on the sites might contain typographical or visual errors, inaccuracies, or omissions that may relate to product descriptions, pricing or availability. It is your responsibility to monitor changes to the sites. Any reliance on the information on the sites is at your own risk. We may, but have no obligation to, correct any errors, inaccuracies or omissions, and to update or modify the site Content without prior notice.
Prices and availability of products and services are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account.
The sites may contain sweepstakes, contests or other promotions requiring you to send materials or information to us (and sometimes others). Such sweepstakes, contests or promotions may be governed by a separate set of rules, policies and terms. It is your responsibility to read such rules, policies and terms to determine whether you can participate, register and comply therewith. By participating in a sweepstakes or contest through the sites, you signify your agreement and acceptance of these Terms and any applicable sweepstakes or contest rules which we may provide.
Disclaimer of Warranties
The site(s), including, without limitation, all services, content, functions, and materials, is/are provided "as is" and "as available," without warranty or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions for information, data, data processing services, uptime, or uninterrupted access, any warranties or conditions concerning the availability, accuracy, usefulness, or content of information, and any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose, and we hereby disclaim any and all such warranties and conditions, express and implied, to the maximum extent permitted by applicable law. We do not warrant that the site(s) or the services, content, functions, or materials contained therein will be timely, secure, uninterrupted, or error free, or that defects will be corrected. We make no warranty that the site(s) will meet user's requirements. No advice, results or information, whether oral or written, obtained by you from us or through the site(s) shall create any warranty not expressly made herein. Using the Internet may expose you to certain risks. Neither CUSHNIE nor its parent or affiliates assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site(s) or your downloading of any materials, data, text, images, video, or audio from the site(s). If you are dissatisfied with the site(s), your sole remedy is to discontinue using the site(s).
We cannot, and do not, guarantee the correctness, precision, thoroughness, or completeness of any of the information available on the site(s), nor will we be liable for any inaccuracy or omission concerning any of the information provided on the site(s).
The foregoing exclusions of express and implied warranties do not apply to the extent prohibited by local laws. Please refer to your local laws for any such prohibitions.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
Limitation of Liability
In no event, including but not limited to negligence, to the maximum extent permitted under applicable laws, shall CUSHNIE, its parent company, their respective affiliates, or any of their directors, officers, members, managers, employees, agents, or content or service providers (collectively, the “Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the site(s) or the content, materials, and functions related thereto, your provision of information via the site(s), lost business or lost sales, profits, or goodwill, even if such Protected Entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall any of the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the site(s).
CUSHNIE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS WILL BE LIMITED TO ONE HUNDRED DOLLARS (USD $100.00).
NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
We and our service providers control and operate the site(s) from the United States of America. We do not represent that materials on the site(s) are appropriate or available for use in locations outside of the United States of America. Persons who choose to access the site(s) 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. All parties to these Terms waive their respective rights to a trial by jury.
CUSHNIE may terminate, change, suspend or discontinue any aspect of the site(s) or the site(s)'s services at any time. If you violate any of these Terms, your permission to use the site(s) automatically terminates.
International Terms and Conditions
You are shopping on Cushnie's website, and the products displayed on this website are those of Cushnie; however, please be aware that Cushnie has partnered with a trusted third-party global eCommerce technology provider, Zonos.com (Zonos), to facilitate and process international orders as merchant of record. As a result, any purchases made by you or using a shipping address outside the United States will be made using one of the payment processors partnered with Zonos.
Any payments for purchases made by you from Cushnie on Cushnie's website are subject to these terms of service, and any relevant terms and conditions imposed by Cushnie. By placing an order with Zonos, you agree to be bound by the same. Please read all the terms before you indicate acceptance. If you do not accept them, Cushnie and Zonos will not be able to complete your purchase.
1. Transaction terms
Cushnie makes the Zonos system available to facilitate the sale and delivery of products to consumers, at a price and in a currency selected by the consumer. The Zonos system permits order processing to international addresses (outside of the United States).
By placing an order through Cushnie, you acknowledge and agree that:
(a) Your transaction will be with Zonos, not Cushnie, and will be processed by one of our processing partners, using the Zonos system;
(b) Upon successful verification and authentication by Zonos of payment information provided by you, Zonos will conclude the transaction at a price equal to the amounts presented to and agreed-upon by you;
(c) Zonos shall be entitled to verify and authenticate your payment information, and if we are unable to verify this information, Cushnie representatives may contact you and/or your payment card issuer to confirm your identity and/or your intent to place the order;
(d) Our payment partners make no commitment to process the payment for your order until Zonos has accepted your order; Zonos and its payment partners reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion;
(e) If you are under the age of 18, parent or guardian approval is required to transact with Zonos; and
(f) Zonos provides payment processing services through its affiliates or third-party service providers under contract to it.
2. Title to goods
Due to Zonos processing methods, all products ordered/purchased by you from Cushnie are temporarily acquired by Zonos pursuant to a payment agreement with Cushnie. After the payment partners process the order payment, your order will transfer from Zonos to you.
If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be accompanied by a reference to “Zonos” and “Cushnie”. In the event of the receipt of any parcel from Cushnie containing only part of your order, Zonos will only bill you for the products actually contained and shipped in such parcel, plus relevant shipping, duty, taxes, VAT, and fees. You will only be billed for products you receive.
You hereby authorize a licensed customs broker chosen by Cushnie to act as your agent and transact business with foreign customs and revenue authorities, to arrange for clearance of your order and account for duties and taxes on your behalf, in the interests of completing your order. You hereby grant a proxy or power of attorney (“POA”) to any carrier or broker designated by Cushnie to facilitate shipment clearance. This POA authorizes the assigned customs broker or agent to act on your behalf. You agree to act as Importer of Record and acknowledge the requirement for the POA as a reasonable condition of the service provided by Zonos and its designated carrier, broker, or agent.
Fraud Prevention and Void Transactions: For your protection, the payment processing systems of Cushnie, Zonos, and our payment processors may use various fraud prevention protocols and policies, as well as industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and business risk policies, including card authentication as well as “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a system error resulting in the processing or acceptance of a transaction for which authorization has been declined, that transaction shall be void.
Duties, Taxes, and Collection Fees: You are responsible for payment of any import tax, sales tax, value-added tax, and customs duty that may be levied by any government authority, and any disbursement fees, advancement fees, or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country, or other party, including any additional penalties or fees imposed by applicable tax or customs authorities (collectively, “Duties, Taxes, and Fees”). The estimated Duties, Taxes, and Fees (“Estimate”) may be more or less than the final actual amount of Duties, Taxes, and Fees due and payable.
For shipments specifically destined to EU-member countries, services will be provided to you only after you have (a) paid for the Duties, Taxes, and Fees at the time of checkout/purchase and (b) explicitly agreed to become Importer of Record, which you hereby explicitly agree to. Applicable customs clearance shall be made in your name and on your behalf as ultimate Importer of Record. As the Importer of Record, you agree to be ultimately responsible for importing the purchased products into the destination EU-member state.
7. Delivered duty paid (DDP) destinations (paid at checkout)
If the Zonos system permits prepayment, and you choose to prepay the Duties, Taxes, and Fees, you agree and acknowledge that (a) the actual Duties, Taxes, and Fees payable on your order may be more or less than the Estimate and (b) you will not be asked to pay more money nor will you receive any refund in the case that the actual Duties, Taxes, and Fees differ from the Estimate.
8. Delivered duty unpaid (DDU) destinations (paid upon delivery)
If the Zonos system permits shipment to a destination where Cushnie offers the option to pay Duties, Taxes, and Fees upon delivery, you acknowledge that (i) you may not reject or refuse to accept your order, (ii) you may not initiate a chargeback with respect to your order merely because of the amount of applicable Duties, Taxes, and Fees, and (c) Zonos shall have the right to charge, and you agree to pay all applicable Duties, Taxes, and Fees as a condition of your order delivery.
9. Merchant responsibilities
Questions about your order may be directed to Zonos for initial intake and processing and will be referred to Cushnie by Zonos as necessary.
Your order is subject to the Cushnie return policy. If authorized in accordance with such policy, you will be reimbursed for the original sales prices of returned products within the applicable return policy period.
11. Disclaimer of warranties
Zonos provides the Zonos system on an “as is” and “as available” basis. Zonos makes no representations or warranties of any kind (express or implied) as to the products or operation of the Zonos system or the information or content displayed on or accessible via the system. You expressly agree that your use of the Zonos system is at your sole risk. Zonos does not warrant the accuracy, reliability, or completeness of any product images, descriptions, or specifications provided at Cushnie site.
12. Intellectual property
You acknowledge that all content included in the Cushnie checkout and the Zonos system, such as software, object code, source code, text, graphics, logos, button icons, images, audio clips, and digital downloads, is the property of Zonos, Cushnie, or its licensors, as may be applicable, and is protected by United States and international copyright laws. All designs, graphics, logos, page headers, button icons, scripts, and service names are trademarks or registered trademarks of Cushnie or Zonos, as may be applicable, in the U.S. and/or other countries. Such trademarks may not be used without the prior written authorization of Cushnie or Zonos, as may be applicable.
13. General terms
a. Analytics: You acknowledge that Cushnie and Zonos reserve their respective rights to analyze transactional data, anonymously and in aggregate, for the purpose of identifying trends, statistics, and measurements that could contribute to the enhancement of the Cushnie customer experience and/or Zonos services. Any transactional data so analyzed will be aggregated and de-identified, such that any personally identifiable information is removed.
b. Compliance with applicable laws: By agreeing to these Terms of Service, you certify that any products purchased using the Zonos system will not be exported, sold, or transferred in violation of any applicable laws, including without limitation the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Treasury Department. By purchasing such products, you are acknowledging that said import does not violate any laws or regulations in the country into which the purchase will be imported, and you acknowledge and agree that it is your responsibility to know the laws in the country into which you are importing such products.
c. Telephone or electronic communications: When you purchase products using the Zonos system, you are communicating with Zonos electronically, and thereby consent to enter into this agreement by electronic means, and to receive communications from Zonos electronically/via email.
d. Modifications: You acknowledge that Zonos hereby reserves the right to make changes to its system, policies, and these Terms of Service at any time. If any portion of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable, that term or portion of terms shall be deemed severable, and shall not affect the validity and enforceability of the remainder.
Our failure 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.
These Terms constitute the entire agreement between the parties relating to the site(s) and supersede any and all other agreements, oral or in writing, with respect to the site(s). These Terms are personal to you, and you may not assign your rights or obligations to anyone.
The sections on indemnification, limitation of liability, and disclaimer of warranties do not apply to New Jersey residents.
All rights not expressly granted herein are reserved.
Please direct questions or comments about the sites, these Terms, or any products you purchased through the sites to:
C/O Cushnie, LLC
251 W 39th Street
New York, NY 10018
Effective Date: October 5, 2016
Date revised and posted: October 5, 2016
What Information Is Collected?
We collect personally-identifiable information only if you choose to share such information with us. Whether or not you provide any of your personally-identifiable information is your own choice. If you choose not to provide the information we request, you may be unable to purchase products or access certain services, offers or content on our site(s). Please be aware that if you disclose personally-identifiable information on social media sites, website message boards or chat areas, that information may be collected and used by third parties without our knowledge and may result in unsolicited communications from third parties. Such activities are beyond our control.
IP Address and Clickstream Data:
Our server automatically collects data about your server's Internet address when you visit the site(s). This information, known as an Internet Protocol address (an “IP Address"), is a number that is automatically assigned to your computer by your Internet service provider. When you visit the site(s), our servers may log your IP Address, domain name, location, language preferences, Internet service provider and other aggregate information. Our servers may also record the referring website or search engine that brought you to the site(s); the pages you visit on the site(s); the website you visit after the site(s); the ads you view or click on; your product interests and purchases; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on the site(s) or a referral site; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our server and to administer the site(s). We may also link this information with your personally-identifiable information. Any or all of these activities with regard to website usage information may be performed on our behalf by our service providers including, for example, Zonos and Signifyd.
How Is the Collected Information Used?
We will use the personally-identifiable information to respond to your requests and to provide you with product and service offerings. For example, we will process your orders, respond to your inquiries and offer you products, services and features through the site(s). We may also use your personally-identifiable information to help us develop and improve the site(s), tailor the site(s) to your interests and maintain our internal records. We may match information collected from you through different means or at different times, including both personally-identifiable information and usage information, and use this information with information obtained from other sources. In addition, we may send you notices (for example, emails, mailings and the like) and correspond with you about products, services, companies, promotions, sweepstakes, contests or events sponsored by us or others that we think might interest you. CUSHNIE may offer electronic newsletters and emails as a service to our users. You will only receive a newsletter or promotional email from CUSHNIE if you agree during your activities on or through the site(s) or using our newsletter signup form to receive these items. Instructions on how to unsubscribe are included in each electronic newsletter and email. You may also opt out of receiving such notices by following the instructions in the “Choice to Opt Out" section below, or by submitting a request via email to our Customer Care Department at email@example.com. We may analyze user behavior as a measure of interest in, and use of, the site(s) and emails, both on an individual basis and in the aggregate. We may also use the personally-identifiable information for fraud protection or credit risk reduction.
When Do We Share Personally-Identifiable Information and Usage Information with Others?
Co-Sponsored Contests, Sweepstakes and Offerings:
Some of our contests, sweepstakes and other offerings that made available on or through the site(s) from time to time may be co-sponsored by another company. In those situations, unless you instruct us otherwise, the information we obtain from you in connection with such contest, sweepstakes or offering may be shared with our co-sponsor and in accordance with terms disclosed in such contest, sweepstakes or offerings. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies and in particular in accordance with any specific disclosures made to you at the time you participate in such contest, sweepstakes or offering. We are not responsible for how our co-sponsors may use your information.
We may also share or cross-reference such information, including your personally-identifiable information, with unrelated companies you may be interested in so that the companies can directly market their products or services to you.
We use third party partners to provide our e-commerce solution and to help operate the site(s) and deliver our products and services. We may share your information with third party e-commerce solution partners, third-party payment providers (e.g., Visa, Mastercard and American Express), our affiliates, service providers and other third parties that provide products or services for or through the site(s) or for our business (such as site hosting or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfillment companies, wireless device applications and other similar service providers that use such information on our behalf). We require our service providers to agree to maintain the confidentiality of your personally-identifiable information.
We may disclose to third parties aggregate statistics regarding user behavior to measure interest in, and use of, the site(s) and emails in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. Aggregate information is non-personally identifiable anonymous information about you such as age, gender, types of products purchased, pages accessed most frequently or search terms used. Aggregate information is used in a collective manner and no single person can be identified by that compiled information. For example, the number of people who visit the CUSHNIE website who are 25 years of age is aggregate information that does not personally identify a specific user.
Legally Compelled Disclosures:
If CUSHNIE, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, personally-identifiable information may be one of the transferred assets. We may share personally-identifiable information and other information with entities controlling, controlled by or under common control with CUSHNIE.
Third Party Ad Servers:
If you provide us a wireless email address, you agree to receive messages at such address from CUSHNIE. Your wireless carrier’s standard rates apply to these messages, and you may change your mind at any time by following the instructions in the “Choice to Opt Out" section below. You represent that you are the owner or authorized user of the wireless device on which messages will be received and that you are authorized to approve the applicable charges.
Choice to Opt Out
You will be given the opportunity to opt out of certain of our uses of your personally-identifiable information. For example, at the time you are requested to provide personally-identifiable information on the site(s), you may have the opportunity to elect to, or not to receive correspondence from us. If you wish to opt out of our correspondence, you may do so by clicking the “Unsubscribe" feature or by email: firstname.lastname@example.org. If you would like to access, verify, correct, update or delete your email address, mailing address or other information, please contact us the same way. You may also opt out of CUSHNIE’s promotional emails at any time by clicking on the opt-out link within the email you receive. Please note that it may take up to two weeks for your request to become effective and during such time you may receive email notifications from CUSHNIE. If you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us. Also, we will not be responsible for any communications that you may receive from entities that received your personally-identifiable information prior to such request. In these cases, please contact that entity directly.
Protecting your information is a priority for us. CUSHNIE has implemented reasonable safeguards to ensure the security, integrity and privacy of personally-identifiable information provided to the site(s). However, due to the inherent nature of the Internet, we cannot guarantee that information stored on our system or transmitted on the Internet will be absolutely safe from intrusion by hackers. No data transmission over the Internet can be guaranteed to be 100% secure. It may be possible for third parties not under the control of CUSHNIE to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, we cannot and do not guarantee or warrant the security of any information you transmit to us. Any such transmission is done so at your own risk.
If you contact us by email, you should be aware that your transmission might not be secure. A third party could view information you send by these methods.
If you create an account on the site(s) with a username and password, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the site(s) by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify CUSHNIE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify CUSHNIE when you wish to cancel your account on the site(s). To the maximum extent permitted by law, (x) we will not be responsible or liable for any loss or damage arising from your failure to comply with this provision and (y) you agree to indemnify and hold harmless CUSHNIE, its affiliates for any improper, unauthorized or illegal use of your account.
We will have no liability for disclosure of your information due to errors or unauthorized acts of any third party. In the unlikely event that we believe that the security of your personally-identifiable information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and if we have your email address, we may notify you by email. You consent to our use of email as a means of such notification.
Third Party “Linked-To" websites:
It has become increasingly common for unauthorized individuals purporting to represent a legitimate company, such as a bank or on-line merchant, to send emails to consumers requesting that the consumer provide personal or sensitive information. Sometimes, the domain name of the email address from which the email appears to have been sent, and the domain name of the website requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity is known as “phishing."
If you receive an email or other correspondence requesting that you provide any sensitive information (including your password for the site(s) or credit/debit card information) via email or to a website or individual that does not seem to be affiliated with the site(s), or that otherwise seems suspicious to you, please do not disclose such information, and report such request to us by calling 1-844-564-7839 or by emailing our Customer Care Department at email@example.com.
Children’s Privacy Statement:
CUSHNIE is concerned about the safety of children when they use the Internet. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit. Our site(s) are intended for adults. Accordingly, we do not knowingly collect personally-identifiable information from children under the age of 13 (or other age where parental consent may be required) without prior verifiable parental consent when legally required. If we become aware that we have inadvertently received personally-identifiable information from a customer without the legally required prior verifiable parental consent, we will delete such information from our records.
Information posted on social media, message boards, chat areas, club and home pages are available to the general public. Please use caution when posting any such information.
Your Access Rights & Corrections
You may review and correct the personally-identifiable information that has been collected by CUSHNIE and is stored in your user account on the CUSHNIE website by logging in at “My Account" or by resubmitting your information using the “Subscribe" feature located on the CUSHNIE website or by contacting us by email at firstname.lastname@example.org. You may provide us new or updated information at any time. We will endeavor to respond to your request to access, update or delete your information as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us address your request.
Consent to Processing
NOTE FOR INTERNATIONAL USERS: If you are a user located in a member state of the EEA, please be aware that the laws of the United States of America and other countries and territories may not provide legal protection of your personally-identifiable information that is of the same level as that applicable under the laws of the EEA member state in which you are located.
Choice of Law / Arbitration
Your California Privacy Rights
If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make such a request, please send us an email at email@example.com or write to us at Cushnie C/O Customer Care 251 W 39th Street, 8th Floor, New York, NY 10018. Indicate in your letter that you are a California resident making a “Shine the Light" inquiry.
Questions and Comments
We Use Common Tracking Technologies
We collect personal information about users over time and across different websites when you use this website or service. We also have third parties that collect personal information this way. To do this, we use several common tracking tools. Our vendors may also use these tools. These may include browser cookies. We may also use web beacons, flash cookies, and similar technologies.
We Use Tracking Technologies for Many Reasons.
We use tracking tools, including cookies, on our websites. Cookies are small files that download when you access certain websites. To learn more, visit here to read the US policy on Cookies or here to read country specific European Cookie policies. These pages also explain how you can manage and delete cookies. We use tracking tools:
- To understand the activities and behaviors of our consumers and website visitors.
- To recognize new visitors to our websites.
- To recognize past customers.
- To present more personalized content and offers, to improve your website experience, optimize your shopping experience, and provide site and service enhancements.
- To serve you with customized or interest-based advertising. These ads may appear on our website or other you visit (see below for more on interest-based advertising).
- To better understand our audience, our customers, our website visitors, and their respective interests.
We use Specific Tracking Technologies.
Here is more information about the tracking technologies cookies we currently use on cushnie.com. We use all of these tracking technologies to improve our site and the experience of our visitors:
- To understand the activities and behaviors of our consumers and website visitors.
- To recognize new visitors to our websites.
- To recognize past customers.
- To present more personalized content and offers, to improve your website experience, optimize your shopping experience, and provide site and service enhancements.
- To serve you with customized or interest-based advertising. These ads may appear on our website or other you visit (see below for more on interest-based advertising).
- To better understand our audience, our customers, our website visitors, and their respective interests.
We Engage in Interest-Based Advertising.
We serve interest-based advertising using personal information gathered about you over time across multiple websites or other platforms. This might include apps. These ads are served on websites or apps. They might also be served in emails.
Interest-based or “online behavioral advertising" includes ads that are served to you after you leave our website, encouraging you to return. They also include ads we think are relevant to you based on your shopping habits or online activities. These ads might be served on websites or on apps. They might also be served in emails. We might serve these ads, or third parties may serve ads. They might be about our products or other companies’ products.
How Do We Gather Relevant Information For Interest-Based Advertising?
To decide what is relevant to you, we might look at your purchases or browsing behaviors. We might look at these activities on our platforms or the platforms of others. We gather this information using the tracking tools described above. For example, we or our partners might look at your purchases or browsing behaviors. We might look at these activities on our platforms or the platforms of others.
We work with third parties who help gather this information. This information is gathered using the tracking tools described above. These third parties might link your name or email address to other information they collect. That might include past purchases made offline or online. Or, it might include online usage information.
How to Control Tracking Technologies.
Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. To find out more about how to enable, disable, or delete cookies from your web browser, please visit here and here. To control flash cookies, which we may use on certain websites from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings.
Our Do Not Track Policy
Some websites have “do not track" features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our sites may not work. If you block or reject cookies, not all of the tracking described here will stop.
Options you select are browser and device specific.