Terms of Use

Last updated: 09/27/2016

Welcome to the Ashley Stewart.com. Please review the following terms and conditions of use, which govern your use of this Site (the "Agreement").

General Site Terms

Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement frequently. If you do not agree to these terms, please do not use the Site.

The Site and its contents are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including without limitation, warranties of title and implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property.  To the full extent permissible by applicable law, Ashley Stewart disclaims all such warranties and expressly disclaims any duty to update or revise the materials on the Site.  Your use of the Site is at your sole risk, and you assume full responsibility for any costs directly or indirectly associated with your use of the Site. Ashley Stewart shall not be liable for any damages of any kind related to your use of the Site.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, 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. In the event we make a change to or cancel an order, we will make every attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be erroneous, or placed by dealers, resellers or distributors.

Right to Change Site

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Site Contents

Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Ashley Stewart, Inc.

The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any 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 in any way any of the Contents or the Site.

User Comments, Feedback, and Other Submissions

Ashley Stewart appreciates your enthusiasm for our brand. However, our company policy does not allow us to accept or consider any unsolicited ideas, suggestions, proposals, comments or materials ("Submissions"). The purpose of this policy is to avoid any potential misunderstandings when Ashley Stewart products, services, advertising or branding might appear to be similar or identical to ideas submitted to Ashley Stewart.

Terms of Idea Submissions

If, despite our policy, you still choose to submit your ideas to Ashley Stewart, then regardless of what your letter or submission states, the following terms shall apply to your Submissions:

  • Ashley Stewart will consider the Submissions to be non-confidential and non-proprietary;
  • Your submissions and their contents will become the property of Ashley Stewart, without the possibility of compensation to you;
  • Ashley Stewart shall have no obligations regarding the Submissions, including but not limited to, any obligation to review, return any materials or acknowledge receipt of any Submissions.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Ashley Stewart or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Ashley Stewart takes no responsibility and assumes no liability for any Comments posted by you or any third party.

Infringement Policy

Ashley Stewart, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "DMCA"), reserves the right, but not the obligation, to terminate your license to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Ashley Stewart accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Ashley Stewart has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the DMCA summarized below.

If you believe that any Submissions or other material residing on or accessible through the Site infringes a copyright, please send a written complaint that complies with the requirements below and is delivered to our ‘”Designated Agent” to receive notification of claimed infringement:

By mail:

Andrea E. Berner
Ashley Stewart, Inc.
150 Meadowlands Parkway Suite 403
Secaucus, NJ 07094

By e-mail: aberner@ashleystewart.com

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.

E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

Once proper infringement notification is received by the Designated Agent, it is Ashley Stewart’s policy to: (a) remove or disable access to the infringing material; (b) notify the provider of the material or user that it has removed or disabled access to such material; and (c) terminate repeat infringers’ access to the Site.

A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to Ashley Stewart’s Designated Agent within thirty (30) days of the date the material was removed from the site. To be effective, a counter notification must be a written communication that includes substantially the following:

A. A physical or electronic signature of the person submitting the counter notification;

B. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

C. A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

D. The name, address and telephone number of the person submitting the counter notification and a statement that such person consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if such person’s address is outside of the United States, for any judicial district in which Ashley Stewart may be found, and that such person shall accept service of process from the person who provided the infringement notification or from their agent.

Upon receipt of a counter notification, containing the information as outlined above, Ashley Stewart shall promptly provide the complaining party with a copy of such counter notification and shall inform the complaining party that it will replace the removed material or cease disabling access to it. Ashley Stewart shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided Ashley Stewart’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Ashley Stewart Site.

Account Termination

In accordance with the DMCA and other applicable law, Ashley Stewart may, in appropriate circumstances, at Ashley Stewart’s sole discretion, terminate access to the Site of any user that Ashley Stewart finds to be a repeat infringer.  Ashley Stewart reserves the right to define the criteria by which Ashley Stewart will determine that a user is a “repeat infringer.” In the event that “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512, Ashley Stewart will adopt that definition as a minimum standard. Without limiting Ashley Stewart’s right to define “repeat infringer,” as a general rule, Ashley Stewart will define a “repeat infringer” as any person or entity about whom Ashley Stewart has received three or more DMCA Notices of Alleged Infringement. Ashley Stewart will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a “repeat infringer” is appropriate.

If you believe that a user is a repeat infringer, please follow the instructions above to contact Ashley Stewart’s Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.

 

Products Sold on This Site

Many products displayed on the Site are available in select Ashley Stewart stores in the United States. The prices displayed on the Site are quoted in U.S. Dollars.

Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy. If you are not completely satisfied with your purchase, it may be exchanged for a website credit or refund within 30 days from the date of the receipt of your purchase. The item must be unworn and unwashed, in the original packaging with UPC label attached and accompanied by the original packing slip or sales order number. No returns are accepted after 30 days from when you receive or without the UPC label attached. Web Exclusive Items purchased on line must be returned to our fulfillment center. Non-exclusive website items can be refunded in Ashley Stewart stores; however you must bring your invoice for proper refund, or merchandise credits will be issued.

Shipping on all returned items is non-refundable. All sales are final after 30 days from receipt.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

Links to Other Web Site and Services

The Site may contain links to other Web site that are not under the control of Ashley Stewart. Ashley Stewart has no responsibility for the linked Web site nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites' users.

Disclaimer

The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Ashley Stewart expressly disclaims any duty to update or revise the materials on the Site, although Ashley Stewart may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Ashley Stewart shall not be liable for any damages of any kind related to your use of the Site.

Indemnification

You agree to defend, indemnify and hold Ashley Stewart harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

Dispute Resolution

If you have a concern regarding the Site or any Ashley Stewart product, we hope you will bring it to our attention.

Mindful of the high cost of litigation, not only in dollars but also in time and energy, in the event of a disagreement, both you and Ashley Stewart are encouraged to follow this dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute will first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the dispute.  Such notice can be sent:

  1. to Ashley Stewart at: Ashley Stewart Legal Department, 150 Meadowlands Parkway, Suite 403, Secaucus, NJ 07094, or
  2. to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and Ashley Stewart agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Termination

These terms are effective unless and until terminated by either you or Ashley Stewart. You may terminate this Agreement at any time. Ashley Stewart also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.