Terms of use
Acceptance Of The Terms Of Use
These terms of use are entered into by and between you and the Company, along with its authorized representatives, including independent contractors contracted to provide services on behalf of the Company. The terms "KÜHL", "Company", "we", or "us" as used herein shall mean and refer to SKYTHE, Inc., KÜHL Kultur 1, KÜHL Kultur 2, and KÜHL Kultur 3, together with any related persons or entities. The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of KÜHL .com (the "Website"), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.kuhl.com/content/privacy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes To The Terms Of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Accessing The Website And Account Security
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Website to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete and that you promptly update all such information so that it is at all times correct, current, and complete. You agree that all information you provide to register with or purchase through this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy https://www.kuhl.com/content/privacy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
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 also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Disclaimer Of Warranty
TO THE EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE SET FORTH HEREIN, ALL CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE ON, OR THROUGH, THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. AS SUCH, YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. SUBJECT TO THE FOREGOING, KÜHL DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL EXPRESS WARRANTIES EXCEPT THOSE EXPLICITLY MADE IN THESE TERMS OF USE. KÜHL DOES PROUDLY GUARANTEE THAT ALL OF OUR PRODUCTS WILL BE FREE OF DEFECTS IN BOTH MATERIALS AND WORKMANSHIP. IF ANY OF OUR PRODUCTS PROVE TO BE DEFECTIVE AS DESCRIBED ABOVE, KÜHL WILL REPAIR OR REPLACE, AT OUR DISCRETION, SUCH PRODUCTS. THIS GUARANTEE SHALL NOT APPLY TO ANY DAMAGE TO OUR PRODUCTS CAUSED BY WEAR AND TEAR, MISUSE OR NEGLECT OF THE PRODUCT. HOWEVER, SUCH DAMAGE MAY BE REPAIRED, IN OUR DISCRETION, FOR A REASONABLE FEE.
KÜHL MAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE, YOUR RESULTS IN USING THIS WEBSITE, OR THE SERVICE ITSELF WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE OR THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY. KÜHL DOES NOT WARRANT THAT THE CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM KÜHL WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL AGENTS OR COMPONENTS, SECURE OR TIMELY. KÜHL MAKES NO REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED TO THIS WEBSITE. KÜHL DOES NOT WARRANT, GUARANTEE OR ENSURE THE QUALITY OF ANY PRODUCT OR SERVICE PROVIDED BY ANY AFFILIATE OR MERCHANT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES THAT: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
TITLE TO GOODS AND MERCHANDISE IS RETAINED BY KÜHL UNTIL THE GOODS AND MERCHANDISE ARE PAID FOR BY THE PURCHASER, AT WHICH TIME TITLE WILL PASS TO THE PURCHASER.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation Of Liability
YOU AGREE THAT, EXCEPT AS OTHERWISE PERMITTED UNDER APPLICABLE LAWS, NEITHER KÜHL NOR ITS PARENTS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, ATTORNEYS, CONTRACTORS, REPRESENTATIVES, AND THEIR RESPECITVE HEIRS, PREDECESSORS, SUCCESSORS AND ASSIGNS, WHETHER EXISTING NOW OR IN THE FUTURE, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF, OR RELATED TO, THE USE OF, ACCESS TO, RELIANCE ON, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE. THIS WAIVER OF LIABILITY APPLIES TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF KÜHL IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT OR PRODUCT LIABILITY OR OTHERWISE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS OF LIABILITY ARE APPLICABLE WITHIN THE STATE OF NEW JERSEY. IN ADDITION, CERTAIN OTHER jurisdictions DO not permit LIMITATIONS OF LIABILITY. In such jurisdictions, some of the foregoing limitations may not apply to you.
Trademarks And Copyrights
You agree that all content appearing on this Website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software are the sole property of KÜHL or its partners and suppliers, and are protected by United States and international copyright laws. The compilation of any and all content on this Website is the exclusive property of KÜHL and is protected by United States and international copyright laws. All software used on this site is the property of KÜHL or its software suppliers and is protected by United States and international copyright laws. Except as expressly authorized by these Terms of Use or separately in writing signed by the Company, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this Website is strictly prohibited.
KÜHL does not grant, by implication, estoppel or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this Website, without the prior written consent of KÜHL. KÜHL prohibits the use of the KÜHL logo or other proprietary graphics or trademarks as a link to any Website, unless the creation of such a link is approved in advance, and in writing, by KÜHL. Registered and unregistered proprietary information is owned and held by KÜHL and its licensors and, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this Website in any form, either mentioned or unmentioned.
KÜHL is a trademark or trade dress in the United States and/or other countries. KÜHL’s trademarks and trade dress may not be used in connection with any product or service that is not KÜHL’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KÜHL. All other trademarks not owned by KÜHL that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, KÜHL.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Third Party Websites
You agree that KÜHL encourages you to exercise discretion browsing the internet. Our Website, products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. KÜHL and its affiliates make no representation or warranty about the legality of any third party Website, nor as to its accuracy, content, products or services. Any such Website is independent from KÜHL, and KÜHL has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between KÜHL and another Website further does not mean that KÜHL endorses, recommends, sponsors or approves that Website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other Website. KÜHL expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party not under the KÜHL domain, or the goods or services offered by, or the content displayed by, any such third party.
Use Restrictions
You agree that you will not use this Website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; monitoring, gathering or copying content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; framing or utilizing framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; using any meta tags or any other “hidden text” utilizing KÜHL’s name or any trademarks; and engaging in any activity that interferes with a user’s access to the Website or the proper operation of this Website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website for any commercial purpose. You also agree that in using this Website you will not impersonate any person or entity.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable national, state, local, territorial, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from any country).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use 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.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Termination Of Use Of This Website
You agree that any violation of these Terms of Use; the unauthorized use of this Website, content materials and intellectual property; as well as any fraudulent, abusive or otherwise illegal activity, shall be grounds for termination of your right to access, browse and use this Website. KÜHL reserves the right, in its sole discretion, to terminate, suspend or restrict your access to this Website and its content and use at any time, with or without notice and without any obligation to refund any portion of fees paid for any product or service. Should your access to this Website be terminated, you are prohibited from accessing this Website under a new name unless expressly invited to do so by KÜHL.
Product Descriptions
KÜHL attempts to be as accurate as possible. However, KÜHL does not warrant that product descriptions, or other content on this Website, is accurate, complete, reliable, current or error free. If a product offered by KÜHL is not as described, your sole remedy is to return it.
Limited Availability And Price
In the event a product or service is listed at an incorrect price, KÜHL shall have the right to refuse, or to cancel, any orders placed for product or service listed at the incorrect price. Your receipt of an electronic or any other form of order confirmation shall not constitute KÜHL’s acceptance of your order, nor does it constitute confirmation of KÜHL’s offer to sell. KÜHL shall have the right to limit the number of items purchased through this Website. KÜHL shall have the right to refuse, or to cancel, any order 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 cancelled, KÜHL shall immediately issue a credit to your credit card account in the amount of the charge.
Multiple Product Orders
With respect to multiple product orders, KÜHL will make reasonable attempts to ship all products covered by the order at the same time. However, products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for shipping at the rate quoted to you on your purchase receipt.
Out-of-stock Products
KÜHL will ship your product as it becomes available. In the event that the product you ordered is out-of-stock, the fulfillment of your order will be delayed. KÜHL will inform you of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to the product being shipped.
Shipping Policy
All orders, including international orders, ship from our warehouse in Salt Lake City, Utah. We will make all reasonable efforts to ship all orders placed through our Website the following business day. Orders are not shipped on Saturday or Sunday nor on some major holidays. We do not currently offer free shipping. KÜHL does not guarantee when an order will arrive. We therefore encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
You can also choose one of several expedited shipping methods. With Next Day Air, you should receive your order two business days after placing the order. With Second Day Air, you should receive your order three business days after placing the order. With Third Day Air, you should receive your order four business days after placing the order. Please keep in mind that UPS does not consider Saturdays and Sundays to be business days, so your package will not move on those days.
KÜHL does provide international shipping. When you are at our Website’s checkout page, you need to select your country’s flag, which is large and located in the upper right hand corner of the page and which should not be mistaken for the small USA and Canadian flags that allow you to order either from KÜHL USA or KÜHL CANADA. By doing so, you will be able to proceed with an international address and to pay with your local currency.
Sales Tax
Taxes that appear in your online order are estimated. The actual taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is shipped.
The terms are subject to change, as the taxation of online transactions continues to evolve. KÜHL strives to comply with state and local tax laws and continues to monitor and update its taxation policies as those laws change.
States where KÜHL Collects Sales tax: Orders shipped to: AL, AR, AZ, CA, CO, CT, GA, HI, IA, ID, IL, IN, KY, LA, MA, MD, ME, MS, NC, ND, NE, NV, NY, OH, OK, SC, SD, TN, TX, UT, VA, WA, WI, WV, and WY.
Canadian customers who convert sales from the Canadian version of our Website are only charged Canadian taxes.
Payment
KÜHL accepts the following credit cards: Visa, MasterCard, American Express, Discover and PayPal as well as KÜHL gift cards. Please be sure to provide your correct and exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.
Return And Exchange Policy
Items can be returned or exchanged within 30-days from the date the item was received. All items must be in new, unworn, and unwashed condition with all tags still attached. The cost of the shipping label is $7.50, which sum shall be deducted from the amount of your refund. For customers residing in states other than Hawaii and Alaska, that wish to make a return or exchange, please use KÜHL Quick Returns. Customers residing in Hawaii, Alaska, U.S. territories or abroad must arrange their own shipping. The turnaround time for exchanges is typically 2 to 3 weeks including shipping. PRO SALES DEAL account purchases are final sales and are not eligible for either return or exchange. Items that were purchased from one of our dealer’s stores must only be returned to the store where they were purchased.
If the item was paid for by credit card, KÜHL will issue the refund as soon as your return is processed. The credit card refund process may take up to 5 days before the credit is posted to your account. If you paid with PayPal, the refund will be processed upon our receipt of the returned product and will be credited to your PayPal account.
Purchasing Products
Anyone utilizing our Website to purchase any products shall be bound by all of these Terms of Use. Additionally, they shall be bound by the following:
KÜHL shall not be responsible for any actions or conduct of a customer purchasing any items through this Website.
KÜHL shall not have any liability in the event that any person whatsoever is injured, or any property is damaged, while wearing or utilizing any items purchased through our Website.
You shall provide KÜHL with current, complete and accurate purchase, account and contact information for all purchases made through our Website, and you shall guarantee the accuracy of such information. In the event a transaction is cancelled due to inaccurate or inauthentic information provided by you, you shall be responsible for any and all expenses incurred by KÜHL arising from the cancellation. In the event that you provide false or inaccurate information, KÜHL reserves the right to remove your account and to bar you from using this Website.
Revisions
KÜHL may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services or prices offered through this Website. KÜHL shall not be liable to you or any third party should it exercise this right to modify or discontinue this Website.
Electronic Communications
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. 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.
If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional Text text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email [email protected]. (Wunderkind is a vendor of KÜHL’s used for SMS services) In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages.Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.
Privacy Policy
The privacy of those who visit our Website is of primary concern to KÜHL. We adhere to the highest ethical standards of the industry. By using this Website, you agree that you have reviewed and accepted our Privacy Policy. As more fully explained in our Privacy Policy, we automatically gather some data from everyone who visits our Website, while other information is obtained at the discretion of the individual. Our sole purpose in doing this is to enhance the experience of individual visitors to our Website. As set forth in our Privacy Policy, none of this information is shared with outside parties other than companies we employ to perform functions on our behalf, to whom limited data is given as is necessary in order to complete a transaction, to facilitate our legitimate interests such as marketing, or to maintain our relationship with you.
Cookies
As more fully discussed in our Privacy Policy, KÜHL reserves the right to store information on your computer in the form of a cookie or similar file for purposes of modifying this Website to reflect your preferences. Cookies allow us to respond to you as an individual, thus allowing us to personalize, customize and quickly process and complete your experience without having to continually request the same basic information from you. Cookies do not give us access to your computer or any information about you, other than the data you choose to share with us, and are not used to store any personal information such as name, address or payment information.
Disclosure To Authorities
KÜHL cannot guarantee that all private communications and other personally identifiable information will never be disclosed in ways not otherwise described in these Terms of Use. We reserve the right, and may be forced, to disclose any and all information to government bodies or government officials or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. As such, you authorize KÜHL to disclose any and all information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements or other activity that is, or may be, illegal or that may expose KÜHL to legal liability.
Indemnification
Unless the laws to the contrary are applicable to you, you agree to indemnify, defend and hold harmless KÜHL, and all of its parents, affiliates, subsidiaries, officers, directors, owners, employees, agents, contractors, licensors and licensees, attorneys, representatives, and their heirs, predecessors, successors and assigns, whether existing now or in the future, from all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use or alleged use of this Website or any breach by you of these Terms of Use, or the representations, warranties and covenants made by you by your agreeing to these Terms of Use. KÜHL reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you under this provision and, in such an event, you agree to fully cooperate with KÜHL ’s defense of such matter. KÜHL ’s assumption of the defense and control of any such matters shall not abrogate any of your obligations hereunder.
DMCA Agent Designation
In the event that you believe that you have a claim for copyright infringement for anything posted on this Website, a takedown notice can be directed to our DMCA agent who can be contacted as follows: [email protected]
Enforceability, Governing Law And Jurisdiction
These Terms of Use constitute the entire agreement between you and KÜHL with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. In the event that any of the terms or provisions of these Terms of Use shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.
Your access to and use of this Website, and these Terms of Use, are governed and construed in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. Any action against KÜHL arising from, or relating to, your access to and use of this Website and the provisions of these Terms of Use must be brought by you exclusively in the state and federal courts located in the County of Salt Lake, State of Utah. You consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the County of Salt Lake, State of Utah, for the adjudication of all claims by KÜHL against you arising from, or relating to, your access to and use of this Website and the provisions of these Terms of Use. You agree to waive any and all objections that you may have to Utah law as the governing law and to the sole and exclusive venue being Salt Lake County, Utah. If you do not agree to these terms then you must immediately cease using this Website and its services. Your continuing to use this Website and its services shall constitute your consent to these terms.
KÜHL’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by KÜHL in writing. You acknowledge and agree that you will not seek to litigate any claims against KÜHL or any of its affiliates, existing now or in the future, on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.
Your Representations
You represent that you are not under any legal or other disability which limits your ability to comply with these Terms of Use.
Your Comments And Concerns
This website is operated by Skythe, Inc.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:[email protected]
Last Modified: February 24, 2020
