TERMS OF USE

Agreement to Terms and Conditions

These Terms of Use apply to the Coco and Mint website located at www.cocoandmint.com. The Site is the property of Coco and Mint. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Coco and Mint reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Coco and Mint grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Use of This Website

This Website has e-commerce functions and is intended to facilitate the offering for sale of our products by Coco and Mint, as well as to provide access to other informational and promotional materials. Subject to the terms and conditions contained in the Terms of Use, Coco and Mint grants to you a single, non-exclusive, non-transferable, non-sublicenseable, limited personal license to view, access, and use a single copy of the Website solely for your personal, non-commercial use and only as an aid to shopping on the Website. The Website may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Website. Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Website, unless you have our express written consent. Any breach of the Terms of Use shall result in the immediate revocation of the license without notice to you. All rights not expressly granted to you in the Terms of Use are reserved and retained by Coco and Mint.

Account Registration

Certain functions of the Website may require registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Website and all other activities performed by the party using your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. If you delete your account, we may still need to retain certain information for record keeping, administrative, legal and technical purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. By registering for an account, you grant us permission to send emails, offers, promotions and other marketing material to you via email. You may unsubscribe at any time. You may access your account at My Account.

Product Information and Specifications

All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. All prices and denominations are listed, and concomitant transactions are conducted, in United States Dollars. Certain colors, measures and similar descriptions may be approximate and are provided for convenience purposes only. For example, the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Website. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website.

Submission of Your Order

You understand that in order to submit your order, you will be required to explicitly agree to abide by the Terms of Use and the Privacy Notice. You also acknowledge that you have read, accept, and agree to abide by Coco and Mint’s return and shipping policies. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws, as applicable, regarding the sale and use of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Acceptance of Your Order

You will not be charged until your order is verified and payment has been authorised. However, Coco and Mint reserves the right to decline your order at its sole discretion, at any time, whether you have received a confirmation or your credit card has been charged. Some of the reasons your order may be declined are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or an issue of fraud is detected. We will contact you if we need more information. If your order is declined, we will credit your credit card for any amount charged with respect to such order. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

Refunds and Exchanges

We want to make sure that you are satisfied with the products purchased on the Website. We gladly accept returns of unused merchandise within 14 days of delivery. This excludes clearance items, which may not be returned or exchanged. Please see our returns and exchange policies.

Contests and Promotions

Any contests, or other promotions made available through the Website or otherwise by Coco and Mint may be governed by specific rules that are separate from the Terms of Use. By participating in any such contest, or promotion, you agree to become subject to those rules. Our Privacy Notice will govern any information you submit in connection with such activities.

Restrictions on Use of The Website

You may not collect or use any portion of the content of the Website in any derivative way, or download, or copy information or other matter for use of any other party. You may not gather information and data on the Website from mining, robots or other extraction tools. The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by the Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Website except with our explicit, written permission. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by the Terms of Use or by applicable law. You also may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any users. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website. Any unauthorized use of the Website will terminate the permission or license granted by Coco and Mint, which termination is in addition to all of Coco and Mint’s other rights at law or in equity. In addition, you specifically agree not to use the Website to do any of the following:

  • Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, or otherwise unlawful;
  • Harm or exploit children;
  • Advocate illegal activity or an intention to commit an illegal act;
  • Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
  • Email or transmit content that constitutes a “pyramid” or similar scheme;
  • Email or transmit content that infringes on the intellectual property or the right of any entity or person;
  • Advertise or otherwise engage in any commercial endeavor without Coco and Mint’s explicit, written permission;
  • Intentionally or unintentionally violate any applicable local, state, national or international law;
  • Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and/or
  • Disrupt the normal flow of communications or affect the ability of others to engage in activities via the Website.

Information You Provide To Coco and Mint Via This Website

If you choose to provide any personal information via the Website, the information will be used only for certain purposes, as described in our Privacy Policy. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Policy.

In order to facilitate communications between you and Coco and Mint, the Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Policy to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. Coco and Mint shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.

Limitations on Information Submitted

Except for information necessary to place an order, we do not want to receive any confidential or proprietary information or trade secrets through the Website. Any information, materials, suggestions, ideas or comments you send to us (collectively, “Submissions”) will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works from, publicly display, perform and distribute your Submissions for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no payment or other compensation to you, subject to the Privacy Policy. You also acknowledge that we may use your Submissions and any ideas, concepts or knowhow contained therein for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. However, we will not use your name unless it is required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless your permission is first obtained.

Any Submissions to us, through the Website or otherwise, are subject to the following guidelines and restrictions:

  • It may not contain URLs or links to any other websites (to advertise your company or website, contact our Sales department at info@cocoandmint.com);
  • It may not contain copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material and provide proper attribution to the copyright owner);
  • It may not contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components;
  • It is not or could not be construed to be spam mail or any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
  • It may not contain trade secrets (unless you own them or have the owner’s permission to transmit them);
  • It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, trade dress or trade secret rights, or any other marks;
  • It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, derogatory, bigoted, or hateful;
  • It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
  • It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
  • You may not solicit money, investments or make any offering of securities or investments;
  • You may not submit chain letters or pyramid schemes; and
  • You may not submit opinions or notices, commercial or otherwise.

You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, as further set forth below. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

Monitoring of Information

Coco and Mint does not assume any obligation to review or monitor the content or other information submitted to the Website by third parties. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may in our discretion review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.

Betsey Johnson reserves the right to cooperate with any law enforcement authorities or court order requesting or directing Betsey Johnson to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate the Terms of Use or law.

Intellectual Property Rights

Coco and Mint owns or has a valid right from a third party to use, all intellectual property rights relating to the Coco and Mint brand, and other content including: copyright, trade name, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the “look and feel” of the Coco and Mint brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the “Intellectual Property”). Your use of the Website does not grant you any rights or licenses relating to the Coco and Mint Intellectual Property, including, but not limited to, any copyrights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in the Terms of Use. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming. All other Content, including product names, names of services, and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.

Coco and Mint will enforce its rights to the fullest extent of the law, including by seeking criminal prosecution.

 

Digital  Millennium Copyright Act (DMCA)

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Customer Care and select ‘Privacy’ as the argument in the appropriate form.

In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Website to locate the material; (4) information reasonably sufficient to permit Website to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) 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 an exclusive right that is allegedly infringed.

 

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

Indemnification

You agree to indemnify and hold Coco and Mint and its, directors, members, suppliers, distributors, employees, and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorney’s fees and expenses incurred in connection with any litigation brought by any third party arising from: (i) your use of and access of the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Web Site caused damage to a third party.

Third-Party Websites

The Website may contain links to other websites for your convenience and information. These websites have different privacy policies and terms of use. Coco and Mint does not control the content that appears on these websites or their privacy practices. Notwithstanding the presentation of, or links to, any third-party information or website on the Website, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Website. Access to third-party websites from the Website is done at your own risk. We do not warranty any opportunities found through the Website or through third-parties that advertise on the Website or are purchased in reliance on information obtained from the Website.

Disclaimer of warranties and limitation of liability 

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and our obligations and liabilities in respect of your use of the Website, is expressly limited as follows:

THE US SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PROVIDER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THE PROVIDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Errors and inaccuracies 

Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior notice.

Miscellaneous

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

These Terms constitute the entire agreement between the parties relating to the Site(s) and supersede any and all other agreements, oral or in writing, with respect to the Site(s). These Terms are personal to You, and You may not assign Your rights or obligations to anyone.

The sections on indemnification, limitation of liability, and disclaimer of warranties do not apply to New Jersey residents.

All rights not expressly granted herein are reserved.

Effective Date: November 3, 2016