Conditions of Use
Last Updated: January 1, 2020
Welcome! Zappos.com LLC dba designaspen.com and/or its subsidiaries (collectively, "6pm") provide website features, products and services to you when you visit or shop at designaspen.com, or use other 6pm products, services, websites or mobile applications (collectively with designaspen.com, "6pm Services") – all of which are subject to these Conditions of Use. We reserve the right to modify these Conditions of Use at any time and without notice to you. By visiting designaspen.com or using other 6pm Services, you agree to these Conditions of Use. Please read them carefully.
We may offer a wide range of 6pm Services, and sometimes additional terms may apply. When you use a 6pm Service (for example, 6pm mobile applications) you also will be subject to the guidelines, terms and agreements applicable to that particular 6pm Service ("Service Terms"). If any Service Terms are inconsistent with these Conditions of Use, the Service Terms will control.
LICENSE AND ACCESS
Subject to your full compliance with these Conditions of Use and any applicable Service Terms, and your payment of any applicable fees, 6pm grants you a limited, non-exclusive, non-transferable, non-sublicensable and fully revocable license to access and make personal, non-commercial use of the 6pm Services. For designaspen.com specifically, the license to access designaspen.com is solely for the purpose of shopping for items for personal use sold on designaspen.com and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance and in our sole discretion. The license granted herein does not include: any resale or commercial use of any 6pm Service, or its contents; any collection or use of any product listings, descriptions, images, or prices; any derivative use of any 6pm Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots (bots), or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by 6pm or its licensors, suppliers, publishers, rightsholders, or other content providers. No 6pm Service, nor any part of any 6pm Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of 6pm. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 6pm without express written consent. You may not use any meta tags or any other "hidden text" utilizing 6pm’s name or trademarks without the express written consent of 6pm. 6pm reserves the right to refuse service, terminate accounts, and/or cancel orders in our sole discretion, including, without limitation, if we believe that customer conduct violates these Conditions of Use, applicable law, or is harmful to our interests. In other words, you may not misuse 6pm Services.
INTERNATIONAL ACCESS; SANCTIONS & EXPORT POLICY
6pm Services may be accessible from countries other than the United States and its territories and may contain products or references to products or services that are not available outside of the United States or its territories. Any such access or reference does not imply that such products or services will be made available outside the United States or its territories. If you access and use 6pm Services outside the United States or its territories, you are responsible for complying with all applicable laws and regulations.
You may not use any 6pm Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using 6pm Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including 6pm software), technology, and services.
REVIEWS AND COMMENTS
If allowed by 6pm, you may, as applicable, post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other material or information (collectively, "Content"), so long as the Content complies with our guidelines and is not otherwise illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
If you do post or submit Content, and unless we indicate otherwise, you grant 6pm a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You also grant 6pm and sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you submit; that the Content is accurate and will not cause injury to any person or entity; and that you will indemnify 6pm for all claims resulting from Content you supply. 6pm has the right but not the obligation to monitor, edit or remove any activity or Content. 6pm takes no responsibility and assumes no liability for any Content posted by you or any third party and may not review posted Content.
You may need your own 6pm account to use certain 6pm Services, and you may be required to be logged in to the account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You shall immediately notify us of any actual or suspected unauthorized use of your password or 6pm account. We have no obligation to investigate the authorization or source of any such access or use of 6pm Services. 6pm does not sell products or services to children, but we do sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the 6pm Services only with involvement and permission of a parent or guardian. 6pm reserves the right to refuse service, terminate accounts, terminate your rights to use 6pm Services, remove or edit content, or cancel orders in its sole discretion.
When you use 6pm Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications (including marketing communications, unless you have opted-out where applicable) from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other 6pm Services. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
COPYRIGHT & TRADEMARKS
All content included in or made available through any 6pm Service, such as text, graphics, logos, button icons, images, audio, video, and software is the property of 6pm or its content suppliers; and the compilation of all content included in or made available through any 6pm Service is the exclusive property of 6pm and is protected by United States and international copyright laws, as applicable. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any 6pm Service are trademarks or trade dress of 6pm in the U.S. and other countries. The use of any of our intellectual property without our express written consent is strictly prohibited.6pm’s trademarks, trade dress and other intellectual property may not be used in connection with any product or service that is not 6pm’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 6pm. All other trademarks not owned by 6pm that appear in any 6pm Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 6pm. You may not use any of our trademarks or service marks in meta tags without our prior explicit consent.
We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Please review our Privacy Notice, which explains our practices and also governs your use of 6pm Services. Our Privacy Notice is available here.
RISK OF LOSS, RETURNS/REFUNDS & TITLE
The risk of loss and title for items purchased by you from 6pm pass to you upon our delivery of the items to the carrier. Conversely, we do not take title to returned items until the item is received at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item. You are responsible for reviewing the contents of your returns prior to shipment back to us. We are not responsible for any additional items that might accompany your returned items. Any such items are subject to destruction, and we have no obligation to return them to you. For more information about refunds and returns, please see our Return Policy.
PRODUCT DESCRIPTIONS; TYPOGRAPHICAL ERRORS; SITE CONTENT
6pm attempts to be as accurate as possible. However, 6pm does not warrant that product descriptions or other content of any 6pm Service is 100% accurate, complete, reliable, current, or error-free. If a product offered by 6pm is not as described, your sole remedy against us is to return it in unused condition and request a refund for such item. If any other 6pm Service is not as described, your sole remedy against us is to request a refund for such 6pm Service.
In the event a product or service is listed at an incorrect price or with incorrect information (due to typographical error or error in pricing or product information received from our suppliers), we shall have the right to refuse or cancel any orders placed for such product or service. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge.
Content provided on designaspen.com is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition or before engaging in any physical activity using our products or services. User submissions or opinions expressed on 6pm Services are that of the individual expressing such submission or opinion and may not reflect our opinions. Product representations expressed on designaspen.com are that of the vendor and are not made by us, unless otherwise noted.
Our websites may contain links or ads to other sites that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of, or content located on or through, any such site, and the inclusion of third party sites does not imply endorsement by 6pm.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your permissions granted under these Conditions of Use. Upon such termination or revocation, you shall immediately cease all access to and use of all 6pm Services, and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of designaspen.com or any other 6pm website in whole or in part. Any termination of these Conditions of Use shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
DISCLAIMER AND LIMITATION OF LIABILITY
6PM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH 6PM SERVICES ARE PROVIDED BY 6PM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. 6PM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF 6PM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH 6PM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF 6PM SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, 6PM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, DATA ACCURACY, DATA SECURITY, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. designaspen.com MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. 6PM DOES NOT WARRANT THAT 6PM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH 6PM SERVICES,6PM’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM 6PM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, 6PM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY 6PM SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY 6PM SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AMOUNT YOU PAID US FOR THE APPLICABLE PRODUCT OR SERVICE.
DISPUTES, REMEDIES & APPLICABLE LAW
Any dispute or claim relating in any way to your use of any 6pm Service, or to any products or services sold or distributed by 6pm or through designaspen.com or any other 6pm website will be resolved by binding arbitration, rather than in court. You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Nevada (without regard to principles of conflict of laws), will govern these Conditions of Use and any dispute of any sort that might arise between you and 6pm.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent CSC Services of Nevada, Inc., 2215-B Renaissance Drive, Las Vegas, Nevada 89119. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. The AAA's rules will govern payment of all filing, administration and arbitrator fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Clark County, Nevada or at another mutually agreed location.
You and 6pm both agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and 6pm each respectively waive any right to a jury trial. You and 6pm also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
MODIFICATION & SEVERABILITY
We reserve the right to make changes to our websites, policies, Service Terms, and these Conditions of Use at any time and without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
designaspen.com, 400 E. Stewart Avenue, Las Vegas, NV 89101