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TERMS AND CONDITIONS Welcome to the A.R.T. website (the "Site"). A.R.T. provides the content and services available on the Site to you subject to the following terms and conditions ("Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, which include our Privacy Policy. These Terms and Conditions were last updated on 2/10/2010. 1. Privacy. Please review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices. 2. Purchase Related Policies. The products available on the Site are for personal use only. You may not publicly sell or resell any of the products or services you purchase or otherwise receive from us without your receiving our express written authorization. You may only order products if, and you hereby represent and warrant that, you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to A.R.T. You agree to pay all applicable taxes, duties and fees. If payment is not received by A.R.T. from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by A.R.T. Certain products that you purchase or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. For additional policies related to orders placed through this Site (such as order processing, shipping, returns), click here. 3. Accuracy of Information. We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, dimensions or other content available on the Site are accurate, complete, reliable, current, or error-free. 4. Intellectual Property. All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of A.R.T. and/or its artists and vendors, and is protected by United States and international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of A.R.T. in the United States and other countries, and are protected by United States and international trademark laws. Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. 5. Limited Licenses. We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or Content (except for permitted downloads, caching or as necessary to view the Site); (iii) make any use of the Site or Content other than personal use; (iv) create any derivative work based upon either the Site or Content, except for works of art derived from our products; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions. 6. Your Obligations and Responsibilities. In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to A.R.T. 7. Your Account. You may choose to create an account at our Site. If you do, you will have a username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in A.R.T.’s best interests to do so. 8. Third Party Links. We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. 9. Submissions. Except where noted on the Site, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission. 10. Representations and Warranties; Limitation of Liability. THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). 11. Indemnification. You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. 12. Disputes. With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 13. General. You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. If you have any questions regarding these Terms and Conditions, please contact us at us[at]art-rethought[dot]com.
PRIVACY POLICIES 1. Collection of Personally Identifiable Information by the Site. We do not collect personally identifiable information about you, except when you provide it to us. For example, if you decide to create an account, you may be asked to provide certain information such as your contact information (name, email address, mailing address, and telephone number). If you decide to place an order, we will need to know your delivery and billing address, credit card number and expiration date. To protect your personal information, users creating an account at the Site must enter a user name and password. If you would prefer that we not collect any personally identifiable information from you, please do not provide us with any such information. When you submit your personally identifiable information on the Site, you are giving your consent to the collection, use and disclosure of your personal information as set forth in this Privacy Policy. 2. Use of Personally Identifiable Information by A.R.T. for Communications to Serve You. If you have elected to provide us with your contact information, e.g., by creating an account at the Site, emailing our Customer Service department or placing an order, we may provide you with service-related announcements concerning the Site, including communications containing product information, tips or promotions, or contact you regarding your customer service requests or your order. For example, you will receive a confirmation email when you place an order. These types of communications are necessary to serve you, respond to your concerns and to provide the high level of customer service that kennethsalon.com offers its customers. 3. No Disclosure of Personally Identifiable Information for Third Party Marketing Without Your Consent. We will not provide your personally identifiable information to third parties for their use in marketing their products or services to you. 4. Disclosure of Personally Identifiable Information. Fraud Protection and Compliance with Law: We may disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.
Service Providers: We may retain other companies and individuals to perform functions consistent with our Privacy Policy on our behalf. Examples include customer support specialists, web hosting companies, fulfillment companies (e.g., companies that fill product orders or coordinate mailings), data analysis firms and email service providers. Such third parties may be provided with access to personally identifiable information needed to perform their functions, but may not use such information for any other purpose.
5. Cookies and IP Addresses. We may use temporary or "session" cookies to help you shop. These cookies will expire when you place an order. You can have your browser notify you of, or automatically reject, cookies. If you reject our cookies, you may still use the Site, but you may be limited in the use of some of the features. We may also use IP addresses to analyze trends, administer the Site, track traffic patterns, and gather demographic information for aggregate use, as well as in combination with your personally identifiable information for credit fraud protection and risk reduction. 6. Use of Aggregate Information. We may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing marketing plans. We may collect, store or accumulate certain non-personally identifiable information concerning your use of the Site, such as information regarding which of our pages are most popular. We may share or transfer non-personally identifiable information with or to our affiliates, licensees and partners. 7. Minors under 18. We take special steps to safeguard the privacy of minors. If you are under 18 years of age, you may browse our Site. However, you may not provide personal information to us. For example, you cannot create an account or make a purchase. This Site is not designed for minors and we do not knowingly collect personally identifiable information from any persons under 18. 8. Links. The Site may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. This Privacy Policy applies only to the information we collect on the Site. We encourage you to read the privacy policies of other websites you link to from the Site or otherwise visit. 9. Security. We implement various security measures in accordance with industry standards to protect the security of your personal information both online and offline. 10. Notification of Changes. We may revise this Privacy Policy from time to time. If we change our Privacy Policy, we will post the revised policy here. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy. Please note that our rights to use your personally identifiable information will be based on the privacy policy in effect at the time the information is used. 11. Updating Your Information. You have the ability to review, change and/or correct the personally identifiable information you provide us by accessing your profile on the Site. If you are an account holder, you can also review, change or correct your personal information at any time. You may request that we deactivate your account by emailing us at us[at]art-rethought[dot]com. A.R.T. Design Professional and Artist’s Program Terms of Use
A.R.T. may change the Program or these Terms of Use from time to time, and any such changes will be posted here and will become effective immediately upon being posted on this page. Your continued use of the Program discount constitutes your agreement to the changed Terms of Use. 1. Program Discount and Limitations. The Program discount is 10% of the list price for all A.R.T. work on a minimum purchase of $500, not including taxes, shipping or other fees. Item cancellations or returns that reduce the order total to below $500 will nullify the Program Discount and will be reduced from any return credits offered. The discount is not valid with any other offer, purchase of gift certificates, shipping and processing fees, taxes or for any products or services excluded by the Program Terms of Use. 2. Eligibility Requirements. To qualify for the Program, you must be a registered and fully operational interior design or decorating firm, architect or artist. This can be verified by the following (alternate verification is at the sole discretion of A.R.T.):
A.R.T. may request proof of the above at its sole discretion and may refuse to issue your Program acceptance until proof is provided. A.R.T. reserves the right to make all membership determinations at its sole discretion. Each design professional and artist must individually apply for membership. Employees of A.R.T. and students in design or artistic programs of study are not eligible for membership. 3. Membership Misuse. Misuse of membership may result in membership termination. Misuse includes, without limitation: use of the Program discount for personal purchases, any resale of merchandise purchased using the Program discount through any retail outlet (e.g., resale on or through any retail or auction Web site or store), reimbursement of Program discount upon merchandise return, transfer of membership, allowing others to use the Program discount (e.g., sharing the discount certificate with a friend, family member or client), and submitting false, expired or misleading information in connection with a membership application. 4. Termination. A.R.T. reserves the right to terminate a membership at its discretion, with or without notice to the member. A.R.T. reserves the right to cancel the Program at its discretion, with or without notice to members. If you have any questions about the Program, please feel free to contact us via email.
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