Welcome to the Coldwater Creek website located at www.coldwatercreek.com. This website and all services related to this website (collectively this "Site") are provided by Coldwater Creek, Inc. ("Coldwater Creek," "we," "us" or "our"). Please review the following basic terms that govern your use of our Site (the "Terms"). Please note that your use of our Site constitutes your agreement to follow and be bound by these Terms.
Please read our Privacy & Security Statement, which is incorporated herein by reference. By using this Site, you agree to be legally bound by our Privacy & Security Statement, which discusses and governs our collection and use of any information you submit to us through this Site.
This Site, including, without limitation, all content, data, text, photos, pictures, graphics, images, illustrations, audio and video clips, logos, icons, links, software and other files and the selection and arrangement thereof (the "Content") are owned by and are the copyrighted materials of Coldwater Creek or its licensors. Permission is granted to display, copy, distribute, and download the Content on this Site for personal, noncommercial use only, provided you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content. You may not, however, distribute, copy, reproduce, display, republish, download, upload or transmit any Content on this Site for commercial use without our prior written approval. Any unauthorized use of the Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Trademarks; Trade Dress
The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered trademarks of Coldwater Creek, its licensors or used with the permission of the owner. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Coldwater Creek, its licensors or other rights holders and may not be copied, imitated or used, in whole or in part, without the prior written permission of Coldwater Creek or the Trademark owner. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Coldwater Creek or the Trademark owner. Misuse of the Trademarks displayed on this Site is strictly prohibited.
Links To Other Web Sites And Services
This Site may contain links to other websites that are not under the control of Coldwater Creek. Coldwater Creek has no responsibility for the linked websites nor does it necessarily endorse the linked websites. Coldwater Creek provides the links solely for your convenience.
User Comments, Feedback, Postcards And Other Submissions
You may submit comments, product reviews, feedback, suggestions, ideas, and other content to Coldwater Creek on or through this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments"). By making such disclosure, submission or offer of any Comments to Coldwater Creek, you grant Coldwater Creek a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Comments throughout the world in any media. You grant Coldwater Creek the right to use the name and state of residence that you submit in connection with such Comments, if Coldwater Creek chooses to do so. Coldwater Creek shall not be limited in any way in its use, commercial or otherwise, of any Comments. Coldwater Creek is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that you will not submit Comments to the Site that (a) will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) or (b) contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
By providing Comments to Coldwater Creek on or through the Site, you represent and warrant that you own or otherwise control all of the rights to the Comments that you post; that the content is accurate; and that use of the Comments you supply will not violate these Terms and will not cause injury to any person or entity. Coldwater Creek reserves the right, but shall not be obligated, to monitor and edit or remove any visitor activities or Comments. Coldwater Creek takes no responsibility and assumes no liability for any Comments posted by you or any third party.
While we attempt to provide accurate information on this Site, we do not warrant that merchandise descriptions or other Content on this Site is accurate, complete, reliable, current or error-free.
Frequently, we change the merchandise displayed on our Site. In addition, many of our featured items are available in limited quantities. This means that we cannot guarantee that an item previously displayed on our Site will still be available the next time you visit our Site. At times, items on our Site may become temporarily or permanently unavailable due to demand. When an item displayed on our Site is no longer available, we will take reasonable steps to remove that item from our Site or indicate that it is no longer available. If you cannot locate an item or have questions about any item you saw on our Site, please contact us.
We reserve the right to refuse any order placed with us or to limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors. If we limit or cancel an order, we will attempt to notify you through the e-mail, billing address or telephone number you provided when the order was placed.
This Site allows you to register or obtain a password so that you may use certain services available on the Site. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to us is done so at your own risk. For further information regarding Coldwater Creek's protection of your personal information, please see our Privacy & Security Statement.
Disclaimer of Warranties; Limitation of Liability
Coldwater Creek does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses or other harmful material. If your use of the Site or the Content results in any costs or expenses, including, without limitation, the need for services or replacing equipment or data, Coldwater Creek shall not be responsible for those costs or expenses. THIS SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COLDWATER CREEK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH COLDWATER CREEK STRIVES TO PROVIDE THOROUGH AND ACCURATE CONTENT ON THE SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEST, GRAPHICS, AND LINKS.
You agree to indemnify, defend, and hold Coldwater Creek, our directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of these Terms; (b) any allegation that any materials or Comments you submit to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and (c) your activities in connection with the Site.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to this Site.
Copyright Infringement – Notice and Procedure for Making Claims
Coldwater Creek respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow this Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Coldwater Creek's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Coldwater Creek that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Coldwater Creek's Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent - Nuria McClure
Coldwater Creek Legal Department
One Coldwater Creek Drive
Sandpoint, ID 83864
We reserve the right to make changes to the Site, our policies, and these Terms at any time. If any of these Terms shall be deemed invalid, void or unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Unless otherwise specified, the Site is solely directed to individuals residing in the United States. We make no representation that Content available on or through the Site is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Site is controlled and operated by Coldwater Creek from its offices in Sandpoint, Idaho. These Terms shall be governed by and construed in accordance with the laws of the State of Idaho notwithstanding any conflict of laws provisions. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Idaho for any litigation or dispute arising out of or relating to these Terms and agree that such courts represent the exclusive jurisdiction for all disputes relating to these Terms.
If you have any questions or comments regarding these Terms, please contact us.
© 2013 Coldwater Creek, Inc. All Rights Reserved.