Revision Date: November 8, 2016
Versona reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Website after the effective date of any changes is deemed acceptance of the revised Terms. For this reason, we encourage you to review these Terms each time you visit shopversona.com.
1. AGE OF USERS
By accepting these Terms through your use of the Website, you certify that you are 18 years of age or older. If you are under the age of 18 but are at least 13 years of age, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Individuals under the age of 18 are not permitted to purchase products from the Website without the supervision of a parent or legal guardian.
2. USE OF WEBSITE MATERIALS
Versona grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to view, use, and print individual pages of shopversona.com for your personal, non-commercial use. Unless otherwise noted, the design of and all materials on this Website, including, but not limited to, text, slogans, graphic, images, icons, photographs, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property ("Content") are owned, controlled or licensed by Versona or other providers of such material. Shopversona.com is intended for personal and non-commercial use only. The Content provided on this Website is to be used for informational purposes only. No right, title or interest in downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Content.
3. COPYRIGHTS AND TRADEMARKS
The Cato Corporation, Versona and shopversona.com and other Content on this Website, are subject to trademark, service mark, trade dress, copyright or other proprietary or intellectual property rights or licenses held by The Cato Corporation or its subsidiaries. You are advised that The Cato Corporation will aggressively enforce its intellectual property and other legal rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution. Other trademarks, product names and company names or logos used on this Website may be the property of their respective owners. The misuse of any Content, including any intellectual property displayed on the shopversona.com Website, or other Content from the Website is strictly prohibited. The Cato Corporation has a no-tolerance policy regarding third-party use of our trademarks or names in metatags hidden text, ad keywords or otherwise without the prior written consent of Versona. More specifically, the unauthorized use of our trademarks or names in metatags, keywords, page test, hidden text, and/or ad keywords in conjunction with search engines constitutes trademark infringement and unfair competition. Linking to any Versona web page is prohibited absent express written permission from Versona. Framing, online linking or other association of the Website or its materials and Content including, but not limited to, with links, advertisements and/or other information not originating from the Versona Website is expressly prohibited.
4. LINKS TO THIRD-PARTY WEBSITES
5. USER-GENERATED CONTENT
You may submit or otherwise make available, comments, product reviews, suggestions, ideas and other content to The Cato Corporation though this Website or otherwise disclose, submit offer such information in connection with your use of this Website (collectively, the "Comments" or "User Contribution(s)"). By doing so, you represent and warrant that you own or otherwise control all of the rights to the User Contribution and that it complies with the content standards set forth in Section 6 below. Any User Contribution you post to this Website will be considered non-confidential and non-proprietary, and with respect to any User Contributions submitted or made available for inclusion on this Website, you grant The Cato Corporation a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive right and license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content, all without any payment to you or further authorization from you. You grant The Cato Corporation the right to use the name, age range and state of residence that you submit in connection with such Comments, if The Cato Corporation chooses to do so. The Cato Corporation shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Cato Corporation is under no obligation to maintain any Comments in confidence, pay you any compensation for any Comments, or respond to any Comments.
The posting of any third-party, user-generated submissions or Comments does not constitute Versona's endorsement of those submissions. Versona cannot undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it is posted. Accordingly, Versona assumes no responsibly or liability for any action or inaction regarding any content provided by any user or third-party and has no liability for any claim, including, without limitation, loss or injury to real, tangible or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury or wrongful death in connection with any such third-party, user-generated submissions or Comments. The Cato Corporation reserves the right, but shall not be obligated, to monitor and edit or remove any visitor activities or Comments.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or through the Site in a way that infringes your copyright rights, please inform our designated Copyright Agent by sending written notice by U.S. Mail to The Cato Corporation, Legal Department, Attn: Copyright Agent, 8100 Denmark Road, Charlotte, NC 28273, or by email to Legal@catocorp.com. Pursuant to the Digital Millennium Copyright Act, to be effective you must include the following information in your written notice:
- A detailed description of the copyrighted work you believe is being infringed;
- A description (such as the subdomain link) of the location on the Site where the allegedly infringing content appears;
- Your contact information, including your name, address, telephone number, and, if available, email address;
- A statement that you have a good faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law;
- A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and
- An original or electronic signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
6. PROHIBITED USES
You shall not knowingly post, transmit, redistribute, upload, or promote any Comments, communications, content or materials to or from the Website that (a) contain corrupted files, viruses, or any other similar software files; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, infringing on any intellectual property rights, vulgar, obscene, sexually explicit, pornographic, hateful, profane, indecent, racially ethnically derogatory, or otherwise violate any right of any third party; (c) are likely to upset, embarrass, alarm, inconvenience or annoy any other person; (d) contain chain letters or pyramid schemes; (e) contain any unsolicited advertising, promotional materials, mass mailings, "spam," political campaigning, or other forms of solicitation to other users, individuals or entities; (f) impersonate any person, business or entity, including our company and our employees and agents or are likely to deceive any person; (g) encourage conduct that would constitute a criminal offense; (h) involve commercial activities, sales, contests, sweepstakes and other sales promotions, barter or advertising; (i) give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case; (j) give rise to civil liability; (k) otherwise violate any law; or (l) amount to any conduct that, in the judgment of Versona, is otherwise objectionable, restricts, impairs, interferes or inhibits any user from using or enjoying the Website, or may harm Versona or users of the Website or expose them to liability.
In addition to any remedies that Versona may have at law or in equity, if Versona determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, it may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Website. Versona will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
7. RELIANCE ON INFORMATION POSTED
The information presented on or through this Website is made available solely for general information purposes and convenience. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Versona disclaims all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of its contents. The Cato Corporation offers and displays the products on this Website as reasonable representations and availability of the color, configuration, design, texture, and/or look of their products. However, we cannot guarantee that your monitor's display of merchandise color or detail will be accurate. On occasion, the Website may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, sizing, fabrication, color or availability. Additionally, note that certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We reserve the right to correct errors at any time without prior notice (including after your order has been placed). Prices are quoted in U.S. Dollars and are valid only in the United States. We reserve the right to change pricing at any time.
8. PRODUCT AVAILABILITY
The features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Unless indicated otherwise, most products featured on shopversona.com will be available in selected Versona stores while supplies last. All products offered for sale on shopversona.com are sold at the same prices charged in the Versona stores. However, not every item in a Versona store is offered for sale on shopversona.com. The merchandise displayed on shopversona.com may frequently change. Many of our featured items are available in limited quantities. Versona cannot guarantee that an item previously displayed on our Website will still be available the next time you visit our Website. When an item displayed on our Website is no longer available, we will take reasonable steps to remove that item from our Website or indicate that it is no longer available.
9. WEBSITE TRANSACTIONS
When ordering from this Website, please follow the instructions carefully. If you ever have a question about any order you have made from shopversona.com, please contact Versona by email at firstname.lastname@example.org or by phone at 1-844-VERSONA (837-7662).
In its sole judgment, Versona reserves the right, but is not obligated, to limit the sales of its products or services to any person, entity, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
If we limit or cancel an order, we will attempt to notify you through the email, billing address or telephone number you provided when the order was placed.
10. ONLINE PURCHASES
All purchases through our Website are governed by our terms of sale which are hereby incorporated into these Terms. Additional terms and conditions may also apply to specific portions, services or feature of the Website and all such additional terms and conditions are hereby incorporated by reference into these Terms.
All billing and registration information provided by you on this Website must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the checkout process, you agree to pay for the item(s) requested.
11. ORDER CANCELLATIONS
When placing an order on shopversona.com, once you click "submit" we are unable to cancel or change your order at that time. However, once you have received your order, if you are in any way dissatisfied, you can choose one of our two easy and convenient ways to make a return. Please see our Return Policy to find out which way is best for you.
12. SHIPPING RESTRICTIONS
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is in compliance with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to shipment conditions by accepting these Terms. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damages and/or lost shipment.
13. DISCLAIMER OF WARRANTY
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. VERSONA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND VERSONA MAKES NO COMMITMENT OR ASSUMES NO DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VERSONA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
SEE SECTION 26 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL VERSONA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR USE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITES, AND ANY CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF SAVINGS, LOSS OF GOODWILL, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF VERSONA IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT THEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE.
VERSONA CANNOT AND DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES OR THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR WEBSITE WILL BE FREE OF VIRUSES OR DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATE INPUT AND OUTPUT AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. VERSONA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE , INCLUDING COSTS, CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.
SEE SECTION 26 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14.
SEE SECTION 26 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15.
16. WEBSITE SECURITY
You are prohibited from violating or attempting to violate the security of the Website by, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, or with access to the Website, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail-bombing, crashing, or usurping the Website's resources or bandwidth; (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (f) using any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; or (g) otherwise attempting to interfere with the proper working of the Website or engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Versona, may harm Versona or users of the Website or expose them to liability. Violations of Versona's system or network security using means may result in civil and/or criminal liability. Versona will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website.
17. REGISTRATION ACCOUNTS AND PASSWORDS
You are responsible for the personal protection and security of any password or username that you may use to access this Website. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You are responsible for all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to your username or password. You must promptly notify us via e-mail at email@example.com if your password is lost, stolen or used without permission.
18. SECURE SHOPPING GUARANTEES
We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure.
19. NOTICE AND ELECTRONIC COMMUNICATIONS
When you visit this Website or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, and/or by posting notices and messages on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
20. PRIVACY STATEMENT
21. REVISIONS TO WEBSITE AND TERMS
Versona may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of this Website, at any time and without notice. Versona also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time and without notice. Versona may terminate any authorization and rights given above at any time and without notice. Your continued use of this Website after any changes to these Terms are posted will be considered acceptance of those changes. In the event that you do not agree to any changes or modifications of these Terms, you should not continue to use the Website.
22. JURISDICTION & GOVERNING LAW
shopversona.com is controlled and operated by The Cato Corporation from its offices in Charlotte, North Carolina. All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with applicable federal law and the laws of the state of North Carolina without regard to any choice or conflict of law provisions or rules. By accessing or using this Website, you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in the State of North Carolina and County of Mecklenburg, USA, for all disputes arising out of or relating to the Website, these Terms, and any dispute of any sort that might arise between you and Versona that are heard in court (excluding arbitration and small claims court). You waive any and all objections to the exercise of jurisdiction over you by such court and to venue of such court.
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 26.
23. INTERNATIONAL LAW
This Website, its content, product information, and any products sold through the Website are intended to comply with U.S. laws and regulations. If you are a non-U.S. based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S. Versona makes no representation that materials on this Website are appropriate or available for use outside of the United States.
It is your responsibility to ascertain and obey all applicable local, state and federal and international laws in regard to the purchase, possession, use and sale of any item purchased from this Website.
SEE SECTION 26 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 24.
A. Informal Resolution:
Most disputes can be resolved without resort to litigation. You can reach Versona's customer service department at firstname.lastname@example.org or 1-844-VERSONA (837-7662). The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Versona's customer service department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the Claim and the requested relief. A Notice to Versona should be sent to: The Cato Corporation Legal Department at 8100 Denmark Road, Charlotte, NC 28273. After the Notice is received, you and Versona may attempt in good faith to resolve the Claim informally. If the Claim has not been resolved in the ordinary course of business within 45 days of the date of the receipt of the Notice, the parties agree that prior to attempting to resolve the Claim by arbitration, as set forth below, they will attempt to settle the dispute in good faith by mediation. The parties will use the then-current American Arbitration Association's Commercial Mediation Procedures, or any other mediation procedure to which the parties agree, which procedure will be non-binding and confidential unless otherwise agreed upon by the parties.
SEE SECTION 26 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 25(A).
B. Formal Resolution by Binding Arbitration:
(2) Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration applies, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
(3) Confidentiality: All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(4) Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to infringement, misappropriation, theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also bring an individual action in a small claims court for disputes or claims within the scope of that court's jurisdiction.
C. Time to Bring Your Claim:
SEE SECTION 26 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 25(C).
26. EXCLUSIONS AND LIMITATION; CONSUMER PROTECTION NOTICE
27. ADDITIONAL ASSISTANCE
If you have any questions or comments, we invite you to contact our Customer Service Department by e-mail at email@example.com or by phone at 1-844-VERSONA (837-7662). See Section 5 above regarding the procedure for notices of alleged copyright infringement.
© 2016 The Cato Corporation, Inc. All Rights Reserved.