Terms and Conditions
Effective date: October 16, 2013
Thank you for visiting the Christmas Tree Shops website (this "website"). This website is owned and operated by Christmas Tree Shops, Inc., 650 Liberty Avenue, Union, New Jersey 07083 ("we," "us," or "the Company").
This document (these "Terms and Conditions") is a legally binding agreement between you (including the organization that you represent, if any) and the Company. When you visit or shop at this website you automatically agree to be bound by these Terms and Conditions, which include an agreement to arbitrate all disputes and provisions limiting our liability. If you do not agree with any of these Terms and Conditions, please do not use the website.
This website may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use this website without the permission and supervision of a parent or legal guardian. Your use of this website will be deemed to be a representation that you are 18 years of age or older or using this website with the permission of your parent or legal guardian.
You may create your own account by completing the online registration process on this website. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the email address associated with your account current because, although you may be able to log into this website using an old email address, you will not be able to receive messages from us.
Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may have been used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of this website if we believe that your password is being used without your permission or otherwise in a manner that may disrupt this website.
Copyright and Trademarks
All content of this site, including, but not limited to, artwork, graphics, images, illustrations, photographs, text, video, audio clips, logos, and designs are the intellectual property of the Company, it affiliates, or third parties who have licensed the materials to us. All content is protected by copyright, trademark, trade dress, and other intellectual property laws of the United States and other countries. This website in its entirety, including, without limitation, the design, layout, selection, coordination, and enhancement of the content, is protected by all copyright and applicable trade dress laws. All worldwide right, title, and interest is reserved.
This website and its contents are intended solely for your personal, noncommercial use in order to view and purchase merchandise and participate in the programs that we offer (the "Permitted Use") and, subject to these Terms and Conditions, you may use this website only for the Permitted Use. You may not access, use, download, copy, reproduce, publish, distribute, modify, or create derivative works from, sell, or exploit in any way the contents of the site, or any related software, or any part thereof for any other purpose whatsoever. You may download or electronically copy and print any page contents displayed on the site for the Permitted Use only and no rights to those materials are transferred to you by such copying. Software used on this site is the property of the Company or its licensors, and is protected by United States and international copyright laws.
CHRISTMAS TREE SHOPS®, AND THAT®, DON'T YOU JUST LOVE A BARGAIN®, and the CHRISTMAS TREE SHOPS Sled logo® are registered trademarks and may not be used by you without our written permission.
Intellectual Property Infringement Complaints
We respect the intellectual property rights of others and expect our users to do the same. We may remove content that, in our sole discretion, appears to infringe the intellectual property rights of others or that is otherwise inappropriate for use on this website. In addition, we will terminate the accounts of users who infringe the intellectual property rights of others. If you believe that a user of this website has infringed your intellectual property rights, please notify the company's Intellectual Property Agent, and provide the following information: (a) the physical or electronic signature of the rights owner or a person authorized to act on behalf of the owner; (b) identification of the right claimed to have been infringed; (c) identification of the material that is claimed to be infringing, and information reasonably sufficient to allow us to locate the material, including the URL where the allegedly infringing material appears; (d) your name, address, telephone number and email address; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
Please send your notice to the following address:
Any comments, suggestions, feedback, ideas, or submissions ("Comments") sent to the Company shall become and remain our exclusive property. Your submission of such material shall constitute an assignment to us of all worldwide right, title, and interest in and to the materials, including all copyright and other intellectual property rights and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. We may use, copy, publish, modify, disclose, and distribute any Comments you send to us, for any purpose whatsoever, without compensating you in any way. Therefore, we recommend that you do not send us any confidential materials or information or anything that you do not wish to unconditionally assign to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. You will take all further acts as we request to effect the intent of this paragraph.
This website invites you to make us an offer to buy the items shown on the pages. Your order is an offer to buy some of those goods, which we accept only by shipping the good(s) ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, product unavailability, or for any other reason. The risk of loss and title for all items purchased via this website passes to you upon delivery of the product to a common carrier. You are solely responsible for filing any claims with carriers for damaged and/or lost shipments and agree to hold us harmless for the same.
When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the website and is otherwise valid.
It is our intention to make this website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on this website may be incorrect, incomplete, or inaccurate. We apologize in advance for any such errors that may result in an incorrect price, item unavailability or otherwise affect your order. Please understand that the content of this website is presented on an "as is" basis and we make no claim as to its accuracy, either expressed or implied. We reserve the right to correct errors (whether by changing information on this website or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.
Availability and Pricing
Quantities of some items may be limited and stock cannot always be guaranteed. When an item is out of stock and cannot be replenished we will attempt to remove the item from this website in a timely manner. Some products offered for sale on this website may not be offered for sale at our stores. While products offered for sale at stores and on the website are generally offered at the same price, there may be price differences from time to time due to promotional events and special offers, or for other reasons.
Products offered for sale on this website are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this website. If a product's correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
We attempt to describe our products, including their colors, as accurately as possible; however, the appearance of those colors may vary as a result of the quality of your monitor and for other reasons. We cannot guarantee that your monitor's display of any color will be accurate. We also make no guarantees with respect to the accuracy, completeness, reliability, or currency of our product descriptions.
By posting, storing or transmitting any content on or to this website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
We do not have the ability to control the nature of the content offered through this website posted by third parties. You are solely responsible for your interactions with other users of this website and any content that you post. In particular, please do not request obscene, profane, threatening, or otherwise inappropriate language in gift messages, including any content that could violate any applicable law or regulation. We will not be liable for any damage or harm resulting from any content or your interactions with other users. We reserve the right, but have no obligation, to monitor interactions between you and other users of this website and take any other action to restrict access to, or the availability of, any material that we or another user of this website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates these Terms and Conditions).
In your use of this website, you shall not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of this website or any websites linked to it; (iii) interfere with or damage this website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, or reverse engineering any technology used to provide this website; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including, without limitation, the Company or create or use a false identity; (v) attempt to obtain unauthorized access to this website or portions of this website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to this website; (viii) use any meta tags or any other "hidden text" utilizing our name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Company; (x) engage in any activity that interferes with any third party's ability to use or enjoy this website; or (xi) assist any third party in engaging in any activity prohibited by these Terms and Conditions.
Certain third parties provide services on or through this website. We do not warrant the offerings of any of these third parties. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
Links to Other Websites
This website contains hyperlinks to outside services and resources which are not owned, operated, or affiliated with the Company, and which the Company does not control. These hyperlinks take the user outside the website and any concerns or issues relating to goods or services offered for sale at such websites, or such websites themselves, should be directed to the particular company or resource that owns and/or operates this website in question. We will have no liability for such third-party sites.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
THIS WEBSITE IS PROVIDED "AS-IS" AND "AS AVAILABLE. " WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED OR SOLD THROUGH IT. BY USING THIS SITE, YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEB. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY, ON BEHALF OF ITSELF, ITS AFFILIATES, AND SUPPLIERS: (1) DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, CUSTOM, OR TRADE; AND (2) DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, EMAIL, OR ANY OTHER ASPECT THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU FULLY ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE CONTENT OF THIS WEBSITE AND ALL PRODUCTS SOLD THEREON.
NEITHER THE COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, AGENTS, VENDORS, OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY OR CONNECTED TO THE SITE, MATERIALS CONTAINED ON THE SITE, OR PRODUCTS SOLD THROUGH THE SITE.
IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF THE COMPANY, NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, AGENTS, VENDORS, OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND OTHER REPRESENTATIVES ARISING FROM, RELATING TO, OR CONNECTED WITH THIS WEBSITE, MATERIALS CONTAINED ON THIS WEBSITE, OR PRODUCTS SOLD THROUGH THIS WEBSITE, EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAID FOR THE PRODUCTS PURCHASED THROUGH THIS WEBSITE.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Statute of Limitations
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of this website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
We will not be liable for failing to perform by the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, acts of terrorism, natural disaster or war.
You agree to defend, indemnify, and hold the Company and its affiliates, and their respective shareholders, directors, officers, employees, agents, distributors, and vendors harmless from and against any and all claims, damages, losses, liabilities, costs and expenses, including, without limitation, attorneys' fees, arising from, connected with, or related to: (i) your use of this website; (ii) your alleged breach of these Terms and Conditions; or (iii) any activity related to your account by you or any other person accessing the site using your account.
The terms of this section entitled "Dispute Resolution" will apply to all disputes that may arise out of, are connected with or relate to these Terms and Conditions or this website, subject only to the following two exceptions: (1) if the Company reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to the Company or any third party, the Company may seek injunctive or other appropriate relief in any court of competent jurisdiction; or (2) any dispute may, at the option of the claiming party, be resolved in small claims court in New York, NY, provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court but subject to the informal resolution below. Furthermore, in no event will the terms of this section limit the Company's ability to investigate complaints or reported violations of these Terms and Conditions or to take any action the Company deems necessary and appropriate to mitigate actions against the Company, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with the Services, you agree to contact us; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give the Company thirty (30) days within which to resolve the dispute to your satisfaction. If the Company does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below.
Arbitration Agreement. Any claims by the Company, or claims by you that are not resolved by the informal resolution procedure as provided above, arising out of, relating to, or connected with these Terms and Conditions or this website must be asserted individually in binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). This agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 USC §1, et. seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions including any claim that all or any part of these Terms and Conditions is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals; and (3) you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided below) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding against us or related third parties arising out of, relating to, or connected with these Terms and Conditions.
All notices required by or permitted to be given under these Terms and Conditions will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If you give notice to the Company, you must use the address shown on this website. If we provide notice to you, we must use the contact information provided by you during the registration process. All notices will be deemed received as follows: (i) if by hand delivery, on the date of delivery, (ii) if delivery by U.S. mail, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.
Modification & Termination
The Company may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of this website, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so. If you do not agree with any changes made to this website, you may elect not to use or visit this website.
We reserve the right to immediately terminate your right to use this website at any time and for any reason, with or without notice. Neither the Company nor its affiliates will have any liability for such termination.
If you have an account, you may terminate your account for any reason at any time by providing notice to us of your intention to do so, subject to these Terms and Conditions.
If your account is terminated, the Company may, in its sole discretion, delete any websites, files, graphics or other content or materials relating to your use of this website and we will have no liability to you or any third party for doing so. Following termination, you will not be permitted to use this website. If your account or your access to this website is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to this website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP). Regardless of whether you have the right to access or use this website or the Services, these Terms and Conditions will survive indefinitely unless and until we choose to terminate them.
These Terms and Conditions (including the documents referenced herein) contain the entire understanding between you and us regarding this website, and supersede all prior and contemporaneous agreements and understandings regarding its subject matter. These Terms and Conditions will be binding upon each party and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New York without reference to conflict of law principles. These Terms and Conditions and all of your rights and obligations under them will not be assignable or transferable by you without the prior written consent of the Company. The Company may freely assign these Terms and Conditions, in whole or in part. No failure or delay by a party in exercising any right, power, or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms and Conditions. The parties are independent contractors, and no agency, partnership, joint venture, and/or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect. If any term or provision of this agreement is determined by a court or arbitrator of competent jurisdiction to be invalid or unenforceable in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable and consistent with the manifest intentions of the parties. If such construction or limitation is impossible, the unenforceable provision will be stricken, and the remaining provisions of these terms and conditions will remain valid and enforceable.