Last Updated: April 16, 2025
TERMS & CONDITIONS
ACCEPTANCE OF THE TERMS & CONDITIONS
Welcome to the Kenneth Cole website, owned and operated by Kenneth Cole Productions, Inc. (together with its wholly owned affiliates and subsidiaries, “Kenneth Cole”, ”Company”, “we,” or “us”). Your use of the Kenneth Cole website located at www.kennethcole.com (together with any successor site(s) and all web pages, brand sites, software, apps, tools and associated content published, distributed or otherwise made available through these websites, and functionality and services offered on or through the website(s)) (collectively, the “Website”), constitutes your agreement to follow and be bound by these Terms & Conditions (the “Agreement”). If you do not agree to the Agreement, you should not access or use the Website.
Please read the Terms & Conditions carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms & Conditions and our Privacy Policy, found at Privacy Policy | Kenneth Cole, our Cookie Policy, found at Cookie Policy | Kenneth Cole, and our California Privacy Notice, found at How to Exercise Your CCPA Rights | Kenneth Cole, all of which are incorporated herein by reference (and included in the “Terms & Conditions”). If you do not want to agree to these Terms & Conditions or the Privacy Policy, Cookie Policy, or California Privacy Notice, you must not access or use the Website. The Privacy Policy, Cookie Policy, and California Privacy Notice are collectively referred to as “Policies”.
When using the Website, you represent that: (a) you are at least eighteen (18) years of age or otherwise have legal capacity to legally agree to the terms and conditions included in this Agreement and you represent and warrant that you are of legal age to form a binding contract with the Company; (b) you will comply with the terms of this Agreement, and (c) you will use the Website in compliance with applicable law and only use the Website for lawful purposes and in accordance with these Terms & Conditions.. If you do not meet all these requirements, you must not access or use the Website.
CHANGES TO THE TERMS & CONDITIONS
Kenneth Cole may revise and update the Website, Terms & Conditions, and the Agreement from time to time in its sole discretion. When we make changes, we notify you by referring to the “Last Updated” legend at the top of the page.
All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Website, Terms & Conditions, and the Agreement means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.
NOTICE REGARDING DISPUTE RESOLUTION
This Agreement includes provisions that govern how claims you and we may have against each other are resolved (see “Legal Disputes and Arbitration Agreement” below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with “Legal Disputes and Arbitration Agreement”. Please read the below terms of “Legal Disputes and Arbitration Agreement” carefully. Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
JURISDICTIONAL RESTRICTIONS
The Website is controlled and operated by Company from the United States and is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States. The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. Company does not represent or warrant that the Website or any part thereof is appropriate or available for use in any jurisdiction other than the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. Access to the Website may not be legal by certain persons or in certain countries. You are also subject to United States export controls and are responsible for any violations of applicable controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion. By visiting and using the Website, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
Company reserves the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Company may restrict user access, including registered user access, to some parts of the Website or the entire Website.
· Making all arrangements necessary for you to have access to the Website.
· Ensuring that all persons who access the Website through your internet connection are aware of these Terms & Conditions and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Policies, and you consent to all actions we take with respect to your information consistent with our Policies.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
RELIANCE AND ACCURACY OF INFORMATION.
The information presented on or through the Website is made available solely for general information purposes. We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation and do not warrant as to the completeness, accuracy, usefulness, or currentness of any information on this Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, customers, bloggers, or other third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
POLICIES
Your submission of information through the Website is governed by Company's Policies. This Agreement incorporates by reference the terms and conditions of the Policies. You represent and warrant that any information you provide in connection with your use of the Website is and shall remain true, accurate, and complete. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Website.
All information we collect on this Website is subject to Company's Policies. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Company's Policies.
PURCHASES MADE THROUGH THE SITE
We may make available goods and services for purchase through the Site, and we may use third-party suppliers and service providers (collectively, “Service Providers”) to enable e-commerce functionality on our Website and to provide other e-commerce related services. If you wish to purchase any product or service made available by us through the Website (each applicable purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting your payment information, you grant Company the right to provide this information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All purchases through our Website or other transactions for the sale of goods or services carried out through the Website, or resulting from visits made by you, are governed by our Terms of Sale [LINK TO TERMS OF SALE], which are hereby incorporated into these Terms and Conditions.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on this Website.
· Send emails or other communications with certain content, or links to certain content, on this Website.
· Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
· Link to any part of the Website other than the homepage.
· Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms & Conditions.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms & Conditions.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
LINKS FROM THE WEBSITE
The Website may provide links to other third party web sites and online resources, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge and agree neither Company nor its Service Providers are responsible for the availability of these third party sites or resources, and neither Company nor its Service Providers endorse or are responsible or liable for any content, advertising, products or other materials on or available through these third party sites or resources. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
In addition, third party websites may provide links to the Website with or without our authorization. You acknowledge and agree that Company and its Service Providers do not endorse these websites, and are not and shall not be responsible or liable for any links from those third party websites to the Site, any content, advertising, products or other materials available on or through these third party websites, or any loss or damages incurred in connection therewith. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH THIRD PARTY WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
PRODUCT DESCRIPTIONS
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on this Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenient purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display the applicable colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. By engaging in a Transaction, you represent that the products you order as part of the applicable Transaction will be used in accordance with all applicable laws. Company reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Refunds and exchanges will be subject to Company's refund and exchange policies then in effect, which will be provided to you at the time you engage in a Transaction through the Website. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when applicable charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
SHIPPING LIMITATIONS
When you engage in a Transaction through the Website, the products you purchase as part of that Transaction will be shipped to an address that you designate as long as that shipping address is complete and compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Additionally, there may be supplemental terms applicable to special or international shipments, including shipments facilitated by third party services. These supplemental shipping terms are provided to you as part of your selection of shipping methods.
TAXES
Kennethcole.com honors each state's guidelines concerning sales and use tax, determined by the destination address of your shipment. Please note that order totals at checkout reflect estimated tax. The actual charge to your credit card will reflect all applicable state, local and county taxes and will be calculated once your order is shipped.
INACCURACY DISCLAIMER
From time to time there may be information on Kennethcole.com that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Kennethcole.com purchase, please see our Returns policy.
RULES OF CONDUCT
While using the Website you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Website. You agree that you will not:
· Use the Website for any fraudulent or unlawful purpose, for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
· Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
SUBMISSIONS
For any information and/or materials you submit to the Website (each, a ‘Submission’), you grant to Company, its Service Providers and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform the applicable Submission, in any media now known or hereafter developed, for Company's business purposes and/or the business purposes of Company's Service Providers and designees, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that each applicable Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. Under no circumstances will Company, or its employees, officers, directors, shareholders, affiliates, agents, representatives or Service Providers, be liable for any loss or damage caused by your reliance on information or materials provided by visitors to the Website. The opinions expressed by Website visitors reflect solely the opinions of the individuals who submitted the applicable opinions, and may not reflect the opinions of Company. IF YOU CHOOSE TO MAKE ANY INFORMATION THAT PERSONALLY IDENTIFIES YOU OR OTHER INFORMATION PUBLICLY AVAILABLE ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
MANAGEMENT OF THE SITE; USER MISCONDUCT
We reserve the right, but do not undertake the obligation to: (a) monitor or review the Website for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Submissions or materials on the Website, or any portion thereof, that may violate this Agreement, the law, or any of our policies, or for any other reason in Company’s sole discretion, in each instance without prior notice to you; (d) manage the Website in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Website; (e) screen our users, or attempt to verify the statements of our users and/or (f) monitor disputes between you and other users or to terminate or block you and other users for violations of this Agreement. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
COMPANY'S PROPRIETARY RIGHTS
The Website and its entire information, materials, contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) made available through the Website, including, without limitation, the trade names, trademarks and service marks of Company, including, without limitation, KENNETH COLE, KENNETH COLE NEW YORK, KENNETH COLE REACTION, and any associated logos, are and will remain the sole and exclusive property of Company and its licensors and suppliers, and are protected by United States and international copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by Company in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Website or any materials made available through the Website. All trademarks and service marks on the Website not owned by Company are the property of their respective owners. The trade names, trademarks and service marks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company trade names, trademarks or service marks without our express prior written consent.
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.
USER GENERATED CONTENT
We are not responsible for the content users post on this Website. You accept sole responsibility for any material you may submit via the Website including photos, messages, text, information, videos, User profiles (such as your name and User profile image or avatar), 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 User Generated Content or "UGC" on this Website that you did not create or that you do not have permission to share. 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 that you have granted Kennethcole.com a royalty - free transferable, non - exclusive license to use, distribute and share the UGC for promotions and marketing purposes. You also understand and agree we have the rights set forth in our Consumer Ratings and Reviews Terms and Conditions, but no obligation to modify or remove Website Content or UGC. Kennethcole.com is not reserving any rights that exceed its rights under the Consumer Fairness Act of 2016. Any UGC you post to the site will be considered non-confidential and non-proprietary. All User Contributions must comply with the Content Standards set out in these Terms & Conditions.
These content standards apply to any and all User Generated Content or "UGC". UGC must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, UGC must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & Conditions and Policies.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
TERMINATION
This Agreement is effective until terminated. Company, in its sole discretion, may terminate your access to or use of the Website, at any time and for any reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any applicable termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be effected without prior notice, and that Company may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to applicable information or files. However, Company will fulfill or refund any orders you place through the Website prior to the date of termination. You agree that Company shall not otherwise be liable to you or any third party for any termination of your access to the Website or to any applicable information or files, and shall not be required to make applicable information or files available to you after any termination by Company. Upon termination of the Agreement, the obligations which by their nature are intended to survive termination of the Agreement will survive.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the ‘DMCA’) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send a notification including all of the information described below (‘Notification’) to our DMCA Agent using the contact information provided below.
You may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link posted on the Website infringes your copyright, you should contact an attorney.
A Notification should include the following:
• Identification of the copyright claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (preferably a link to the material).
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law.
• The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• A statement that the information in the Notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be mailed, faxed or emailed to our DMCA Agent at:
Kenneth Cole Productions, Inc.
511 W 21st Street
New York, NY 10011
Attn: General Counsel
Fax: (866) 700-4164
Email: copyright@kennethcole.com.
Upon receipt of a substantially compliant Notification regarding an alleged copyright violation, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing. We will also terminate in appropriate circumstances users who are repeat infringers. If you believe that material that you posted was removed in error from the Site and is not infringing, you may send a counter-notification to Company’s DMCA Agent (using the contact information set forth above). Counter-notifications must meet the current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ‘AS IS’ WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE WEBSITE. COMPANY AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, STRICT LIABILITY, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA OR OF SECURITY INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY APPLICABLE INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF APPLICABLE DAMAGES OR LOSSES, LOSS OF OTHER INTANGIBLES AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN PARTICULAR, AND WITHOUT LIMITATION, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $50.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
While we try to maintain the integrity and security of the Website and the servers from which the Website is operated, we do not guarantee that the Website will be or remain secure, complete or correct, or that access to the Website will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with the Terms & Conditions. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alteration to the Website, contact us at clientservices@kennethcole.com with a description of the material(s) at issue and the URL or location on the Website where applicable material(s) appear.
EXCEPTIONS TO DISCLAIMERS AND LIABILITY LIMITATIONS
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, SUCH LIMITATIONS OR EXCLUSIONS IN THE TERMS & CONDITIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Website, including, but not limited to, your User Generated Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms & Conditions, or your use of any information obtained from the Website.
GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms & Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms & Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
LEGAL DISPUTES AND ARBITRATION AGREEMENT
Please Read The Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
CONTACT US
If you have any questions about these Terms & Conditions or the Website , please direct your questions to clientservices@kennethcole.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
INFORMATION OR COMPLAINTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an e-mail to clientservices@kennethcole.com. You may also contact us by writing to Kenneth Cole Productions, Inc. 511 W 21st Street, New York, NY 10011 Attn: E-commerce division, or by calling us at 1-800-KEN-COLE. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
INDEPENDENT CONTRACTORS
These Terms & Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company.
No waiver by the Company of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.
ASSIGNMENT
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms & Conditions without our express prior written consent. The Terms & Conditions inure to the benefit of Kennethcole.com's successors, assigns and licensees. The section titles in the Terms & Conditions are for convenience only and have no legal or contractual effect.
HEADINGS
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
NOTICES
Notices to you may be made via posting to the Website, by e-mail, or by regular mail, in Company's discretion. The Website may also provide notices of changes to these Terms & Conditions or other matters by displaying applicable notices or by providing links to applicable notices. Without limitation, you agree that a printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
FORCE MAJEURE
Company will not be responsible for failures to fulfill any obligations under these Terms & Conditions due to causes beyond its control.
NO MODIFICATIONS BY OUR EMPLOYEES
If any of our employees offers to modify these Terms & Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
TERMS & CONDITIONS FOR TEXT ALERTS & ORDER ALERTS
Your use of the Kenneth Cole Text Messages Program (‘Text Messages’) constitutes your agreement to these Terms & Conditions. These Terms & Conditions and our Policies also apply to your use of Text Messages. We may amend these Terms & Conditions and our Policies, and modify or cancel the Text Messages or any of its features without notice. Enrollment in Text Messages requires you to provide your mobile phone number with an area code within the fifty United States or the District of Columbia. You must be the mobile account holder and at least eighteen (18) years of age or have a parent or guardian's permission in order to participate. You agree to enter into, sign and receive your consent to receive Text Messages electronically. Your consent to receive Text Messages is not required as a condition of purchasing any goods or services. Message and data rates may apply. Message frequency varies. We will send you Text Messages periodically. We reserve the right to alter the frequency of Text Messages sent at any time or may cancel Text Messages or any of its features without notice. We do not charge a fee for you to receive Text Messages from Kenneth Cole, however, your mobile service provider may charge you for sending and/or receiving text messages and air-time, as well as any other standard applicable rates charged by your mobile service provider. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges. If you have opted-in, Kenneth Cole provides alerts, information, promotions, specials, and other marketing offers via text messages through your wireless provider to the mobile number you provided. You may need to confirm your consent, such as by following the instructions contained in an initial text message we send. You agree to receive recurring automated promotional and personalized marketing messages and text (e.g., SMS, MMS, and RCS) messages (including cart reminders, promotions, etc.) from Kenneth Cole, including messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You further consent to receiving messages that include artificial or prerecorded voices. Messages may be sent using an automatic telephone dialing system and using SMS technology. If you change your mobile phone number, you agree to opt out of receiving Text Messages prior to changing your mobile number. For help, text ‘Help’ to 60536 or to the short code you received a message from for assistance. To opt out of text messages you can text ‘Stop’ to the five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five-digit number from which the text messages are being sent). You will then receive confirmation of your opt-out of that text messaging program. You may also choose not to receive text messages by emailing clientservices@kennethcole.com and specifying that you no longer want to receive text messages. Message and data rates may apply. Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery or guarantee availability or performance of this service, including liability for transmission delays or message failures. Carriers are not liable for delayed or undelivered messages. The Text Messages are offered on an ‘as is’ basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. Kenneth Cole may change or discontinue any of its Text Messages without notice or liability to you. Kenneth Cole reserves the right to cease delivery of Text Messages to any person at any time in its sole discretion. You agree to indemnify, defend, and hold us harmless from any claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own. You agree that we will not be liable for failed, delayed, or misdirected delivery of, any information sent through the Service; any errors in such information; any action you may or may not take in reliance on the information or service. For additional support contact 1-800-KEN-COLE (1-800-536-2653) or email clientservices@kennethcole.com.
SMS MARKETING
In addition, you agree to our Kenneth Cole Messaging Terms & Conditions (Kenneth Cole Messaging Terms & Conditions) and Kenneth Cole Messaging Service Privacy Policy (Kenneth Cole Messaging Service Privacy Policy).
RATINGS & REVIEWS
The goal of ratings and reviews on Kennethcole.com is to help other clients make more informed buying decisions, based on your opinions and experiences. As a valued client, YOU are in the best position to provide a first-hand review our products. We appreciate your time in sharing your thoughts and opinions.
GUIDELINES
Reviews are limited to 1,000 characters and require a rating selection to submit.
Your review must be based on your experience of owning the product. Please explain what you like or dislike about the product and why. Only review products you currently own or have owned recently.
Your review should be focused on the product: features, characteristics and performance vs. any purchase or delivery experiences.
Focus on information you think would be helpful for others in their purchasing decisions.
Please ensure you comply completely with all the guidelines. Kennethcole.com will not edit words or phrases, so any review containing any unacceptable content will not be approved for posting.
RESTRICTIONS
To write a review you must:
We cannot publish reviews that contain:
Please also note that independent contractors and employees are not eligible to submit a review. If a review is submitted that contains any of the above, Kennethcole.com reserves the right to:
Your personal details will not be used or passed on to any third party.
RULES FOR SWEEPSTAKES, CONTESTS & GAMES
Any sweepstakes, contests or games accessible through Kennethcole.com are governed by specific rules. By entering such sweepstakes or contests or by participating in such games, you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy, which discusses and governs (in addition to this Agreement and any specific rules associated with a particular promotion) any information you submit to Kennethcole.com, including any information submitted in connection with such sweepstakes, contests and games. Kennethcole.com and the multimedia pieces are not intended for use by children under 15 years of age.
The Terms & Conditions, Policies, and Terms of Sale constitute the sole and entire agreement between you and Kenneth Cole regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
This website is operated by Kenneth Cole Productions, Inc., 511 W 21st Street, New York, NY 10011.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: clientservices@kennethcole.com.