TERMS & CONDITIONS OF SITE USE USE AND PURCHASES IN STORE OR AT KOHLS.COM
(Updated as of November 25, 2012)
USE OF THE SITE
All materials you see and hear on this Site — including, for example, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the "Contents")— are intended solely for personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Contents and other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way; and (3) do not provide or make available the Contents to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Kohl's owns and reserves all right, title and interest in and to the intellectual property rights in any Content you access on this Site.
Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Contents or this Site without first obtaining written permission from Kohl's.
Kohl's may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Kohl's also reserves the right to block or deny access to the Site to anyone at any time for any reason.
COMPLIANCE WITH ALL LAWS & SITE SECURITY
You agree to use this Site only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing;" or (d) sending or relaying unsolicited e-mail, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while using the Site or interfere or attempt to interfere with the proper working of this Site.
LIMITATION OF LIABILITY
IN NO EVENT WILL KOHL'S DEPARTMENT STORES, INC., KOHL'S CORPORATION, KOHL'S ILLINOIS, INC. OR THEIR AFFILIATES (COLLECTIVELY HEREIN "KOHL'S"), OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE TO ANY PARTY FOR ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR SOLICITATIONS, ADVERTISING PURCHASES OR FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, DAMAGES, LOSSES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR RELIANCE ON THE INFORMATION PRESENT. THIS LIMITATION OF LIABILITY APPLIES WHETHER A CLAIM IS BASED IN CONTRACT, NEGLIGENCE, STATUTE OR TORT, EVEN IF KOHL'S IS EXPRESSLY ADVISED ABOUT, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. YOU SHALL DEFEND, INDEMNIFY AND HOLD KOHL'S HARMLESS AGAINST ANY SUCH DAMAGES OR LOSSES.
IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, THE AGGREGATE LIABILITY OF KOHL'S UNDER SUCH CIRCUMSTANCES FOR DISPUTES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000).
DISCLAIMER OF WARRANTY
KOHL'S PROVIDES ACCESS TO ITS STORE AND THIS SITE TO KOHL'S CUSTOMERS AND PROSPECTIVE CUSTOMERS "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES/PURCHASES. ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, KOHL'S DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE AND/OR GIFT CARD(S) UTILIZED TO PURCHASE MERCHANDISE OFFERED. This disclaimer does not apply to any product warranty offered by the manufacturer of the merchandise.
WITHOUT LIMITING THE FOREGOING, KOHL'S DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION IN STORE OR ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, KOHL'S FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE AS TO THE ACCURACY OR COMPLETENESS OF EACH MERCHANDISE ITEM INCLUDING, BUT NOT LIMITED TO, PRICING, QUANTITY AND SIZES.
WITHOUT LIMITING THE FOREGOING, KOHL'S FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE FOR ANY THEFT OR LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS SENT TO, FROM OR STORED ON THIS SITE.
JURISDICTION; RISK OF LOSS
Kohl's controls this Site from its offices within the State of Wisconsin. THE USE OF THIS SITE SHALL BE LIMITED TO THE BOUNDARIES OF THE CONTINENTAL UNITED STATES, HAWAII, ALASKA AND APO/FPO MILITARY ADDRESSES. The risk of loss and title to items pass to the purchaser upon delivery.
Kohl's does not imply that the materials published on this Site are appropriate for use outside of the United States. Notwithstanding the foregoing, if you access this Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with all local laws.
THE TERMS OF THIS SITE, SOLICITATIONS, ADVERTISING AND PURCHASES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WISCONSIN, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS. YOU AGREE THAT WAUKESHA COUNTY, WISCONSIN OR THE UNITED STATES DISTRICT COURT IN MILWAUKEE, WISCONSIN SHALL BE THE EXCLUSIVE VENUE AND JURISDICTION FOR ANY DISPUTE, SUIT, LIABILITY, DAMAGE, CLAIM OR LOSS ARISING FROM OR IN ANY WAY ASSOCIATED WITH YOUR SOLICITATION, PURCHASE OR USE OF, OR ACCESS TO THE SITE (COLLECTIVELY, "DISPUTE"). HOWEVER, YOU MAY ALSO LITIGATE ANY DISPUTE IN SMALL CLAIMS COURT IN YOUR COUNTY OF RESIDENCE OR WAUKESHA COUNTY, WISCONSIN. REGARDLESS, IN THE EVENT OF DISPUTE, YOU SHALL NOTIFY KOHL'S (SEE CONTACT INFO BELOW) SETTING FORTH THE NAME, ADDRESS AND CONTACT INFORMATION, THE FACTS GIVING RISE TO THE DISPUTE AND THE RELIEF REQUESTED KOHL'S AND YOU WILL THEN ATTEMPT TO RESOLVE THE DISPUTE THROUGH INFORMAL NEGOTIATIONS WITHIN SIXTY (60) DAYS WITH KOHL'S FROM THE DATE OF YOUR NOTICE OF DISPUTE AFTER WHICH YOU MAY COMMENCE YOUR LITIGATION.
CLASS ACTION WAIVER
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT OR WITH A DISPUTE OF ANY OTHER PERSON/CUSTOMER. ALL PARTIES TO THE SUIT MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR BASES INVOLVING A DISPUTE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL ACTION), OTHER PERSONS/CUSTOMERS, OR OTHER PERSONS/CUSTOMERS SIMILARLY SITUATED.
PRICING & PRODUCT INFORMATION
While Kohl's strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Kohl's reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, Kohl's shall have the right, in its sole discretion, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Kohl's will issue a credit to your credit card. We apologize for any inconvenience this may cause you.
Kohl's works hard to provide low prices on this Site as well as in Kohl's stores. However, merchandise and promotional offers available online at Kohls.com or in store may vary from those offered in either place. Prices and availability are subject to change without notice. “Sale” prices and percentage savings offered by Kohl’s are discounts from Kohl’s “Regular” or “Original” prices. The “Regular” or “Original” price of an item is the former or future offered price for the item or a comparable item by Kohl’s or another retailer. Actual sales may not have been made at the “Regular” or “Original” prices, and intermediate markdowns may have been taken. “Original” prices may not have been in effect during the past 90 days or in all trade areas. Merchandise on this Site could be offered at the same or lower “Sale” prices during future promotional events beginning on or after the last day of this advertised event. Clearance merchandise, Kohl's Cares® Cause merchandise or other charitable items are excluded from "Entire Stock" promotions in this site. In some events, actual savings may exceed the percent savings shown.
Kohl's attempts to display the colors of our merchandise shown on this Site as accurately as possible. However, because your monitor's display may vary the colors shown, we cannot guarantee that your monitor will accurately depict the actual color of the merchandise.
Kohl's offers merchandise to consumers through this Site and its retail stores. Kohl's is a retailer, not a wholesaler, and Kohl's does not sell to individuals or dealers for the purpose of resale to others. Kohl's reserves the right, in its sole discretion, to limit the quantity of items purchased per person, per household or per order in store or at kohls.com. These restrictions may be applied, at Kohl's discretion, to purchases/orders placed by the same Kohls.com account, the same credit card and/or orders that use the same billing or shipping address.
If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us by e-mail at email@example.com.
USER REVIEWS, COMMENTS & SUBMISSIONS
You acknowledge and agree that Kohl's has the right (but not the obligation) to do any or all of the following at any time: (a) monitor User Content; (b) remove or refuse to post any User Content; and/or (c) disclose User Content to any third-party, and the circumstances surrounding submission
As a visitor to our Site, please be advised that Kohl's does not endorse or take responsibility for the opinions, advice, information or statements made by third-party visitors to our Site, whether through User Content or otherwise. If you believe that any User Content violates your copyright, please see our Digital Millenium Copyright and Takedown Procedure section, below.
MY KOHL'S CHARGE
Kohl's makes gift messages available from this Site as a courtesy to all our customers. Out of respect and consideration, Kohl's asks that you do not use any obscene, profane, threatening or otherwise vulgar language in gift messages. Without notice to you, Kohl's may, but is not obligated to, restrict or remove any and all content from a gift message that Kohl's determines, in its sole discretion, violates these guidelines or is otherwise harmful to Kohl's or any third party.
RATINGS & REVIEWS
The Site also allows users to engage in discussions surrounding Kohl’s products through its Ratings & Reviews and related features. Please click here to review the terms governing those features.
COPYRIGHTS AND TRADEMARKS
"Kohl's" and "Kohl's Department Stores", as well as related product and service names, design marks and slogans, are registered trademarks of Kohl's Illinois, Inc. Unless otherwise noted, all Content, format and imagery of the Site are protected as copyrights, trademarks, service marks, trade names or other intellectual property owned, controlled or licensed by Kohl's, one of its affiliates, or by third parties who have licensed their intellectual property to Kohl's and are protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized duplication is a violation of law. No rights in any trademark, service mark or trade name are granted to you in connection with your use of this Site. Without limiting the foregoing, please be advised that Kohl's has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.
Kohl's and its suppliers and licensors expressly reserve all intellectual property rights in all content, format, imagery, text, programs, products, processes, technology, and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Kohl's or any third party's intellectual property rights. All rights reserved. Further, the content, format, and imagery of the Site are copyrighted under United States law and protected by worldwide copyright laws and treaty provisions. Unauthorized duplication is a violation of law.
DIGITAL MILLENNIUM COPYRIGHT ACT AND TAKEDOWN PROCEDURE
Kohl's policy is to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you believe in good faith that your work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please provide Kohl's copyright agent the written information specified below. You agree to comply with this process in the event you are involved in any claim of copyright infringement to which the DMCA may apply.
This procedure is exclusively for notifying Kohl's that your copyrighted material has been infringed. Kohl's does not, and will not, make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Kohl's will respond by either taking down the allegedly infringing content or blocking access to it. Kohl's may contact the notice provider to request additional information. Under the DMCA, Kohl's is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is permitted to send Kohl's a counter-notification. If you are uncertain whether particular material infringes a copyright held by you or a third party, you should contact an attorney. Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees.
To be effective under the DMCA, the copyright owner must send a written notice by fax, regular mail, or email only. Kohl's reserves the right to disregard a notice that is not in compliance with the DMCA.
A DMCA notice must:
- Identify specifically the copyrighted work(s) believed to have been infringed;
- Identify the material that is accessible on the Site and which is allegedly infringing upon the copyrighted work(s). The copyright owner must provide detailed information reasonably sufficient to enable Kohl's to locate the item on the Site, such as clear screenshots of the allegedly infringing materials (for identification purposes);
- Provide information sufficient to permit Kohl's to contact the copyright owner directly: name, street address, telephone number, and email (if available);
- Provide information sufficient to permit us to notify the Alleged Infringer, if available (preferably, an e-mail address);
- Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
- Be signed by a person authorized to act on behalf of the copyright owner; and
- Be sent to our DMCA designated agent at the following address:
Kohl's Designated Agent
c/o Legal Department
N56 W17000 Ridgewood Drive
Menomonee Falls, WI 53051
Fax: (272) 703-7274
Periodically, links may be established from this Site to one or other external web sites or resources operated by third parties (the "Third Party Sites"). Kohl's provides these links for your convenience only. In addition, certain Third Party Sites also may provide links to the Kohls.com Site. AT NO TIME SHALL ANY SUCH LINKS BE DEEMED TO IMPLY THAT KOHL'S ENDORSES OR APPROVES THE THIRD PARTY SITES OR ANY CONTENT THEREIN. KOHL'S DOES NOT CONTROL AND IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING, ANY THIRD PARTY SITES OR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTY SITES. ACCESS TO ANY THIRD PARTY SITES IS AT YOUR OWN RISK AND KOHL'S WILL HAVE NO LIABILITY ARISING OUT OF OR RELATED TO SUCH THIRD PARTY SITES.
Without limiting the foregoing, linking to our Site is strictly prohibited absent express written permission from Kohl's. In addition, framing, in-line linking or other association of this Site or its contents with links, advertisements and/or other information not originating from this Site is expressly prohibited.
The Kohl's corporate headquarters are located at
N56 W17000 Ridgewood Drive,
Menomonee Falls, Wisconsin, 53051.
If you have any questions concerning the legal notices stated above, we encourage you to contact the Kohl's Legal Department at this address. All rights reserved.
© 2012-2013 Kohl's Department Stores, Inc. All rights reserved.