Terms Of Use

NEW: Please review these Updated Terms of Use (effective 01/19/2019) carefully. They include a binding arbitration clause requiring you and us to arbitrate our claims instead of suing in court, coverage of web and mobile apps, and other new services.

Welcome to the family of websites and applications provided by Aspen Curve.  These Terms of Use govern your access to and use of all Aspen Curve Sites. By using the Aspen Curve Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use.  If you violate or do not agree to these Terms of Use, then your access to and use of the Aspen Curve Sites is unauthorized. Additional terms and conditions apply to some services offered on the Aspen Curve Sites. Those terms and conditions can be found where the relevant service is offered on the Aspen Curve Sites and are incorporated into these Terms of Use by reference.

 

DEFINED TERMS:  In these Terms of Use:

  • When we say “Aspen Curve,” we mean Aspen Curve, LLC and any subsidiaries may form or acquire in the future).  We also refer to Aspen Curve as “we,” “us” and “our.”  But when we say “Aspen Curve Entities,” we mean Aspen Curve and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
  • When we say “Aspen Curve Sites,” we mean www.AspenCurve.com, the Aspen Curve website.
  • When we say “you” or “your” we mean any user (like you!) of any Aspen Curve Site.
  • When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by Aspen Curve on the Aspen Curve Sites (and any updates by Aspen Curve to these Terms of Use and those terms and policies).
  • A few other key terms used in these Terms of Use:
    • When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
    • When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Aspen Curve Sites.
    • When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Aspen Curve Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Aspen Curve Sites through the tools offered by such social media platforms).
    • When we say “Materials,” we mean Content that Aspen Curve Entities make available on or through the Aspen Curve Sites, including In Store Now information.

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.  THIS MEANS THAT YOU AND ASPEN CURVE ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

 

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS:  While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on Aspen Curve’s liability, respectively.  

 

UPDATES:  We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Aspen Curve Sites.  Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes.  By continuing to use or access any of the Aspen Curve Sites after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

You certify that the Content you provide on or through the Aspen Curve Sites is accurate and that the information you provide on or through the Aspen Curve Sites is complete.  You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Aspen Curve is not responsible for any losses arising out of the unauthorized use of your account.  You agree that Aspen Curve does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Aspen Curve Sites.  You agree that Aspen Curve is not a party to any such agreement, nor is Aspen Curve responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Aspen Curve Sites or any portion of the Aspen Curve Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Aspen Curve Sites or any portion of the Aspen Curve Sites.

  • In connection with the Aspen Curve Sites, you will not:
    • Make available any Content through or in connection with the Aspen Curve Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
    • Make available through or in connection with the Aspen Curve Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
    • Use the Aspen Curve Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
    • Harvest or collect information about users of the Aspen Curve Sites.
    • Interfere with or disrupt the operation of the Aspen Curve Sites or the systems, servers, or networks used to make the Aspen Curve Sites available, including by hacking or defacing any portion of the Aspen Curve Sites; or violate any requirement, procedure or policy of such servers or networks.
    • Restrict or inhibit any other person from using the Aspen Curve Sites.
    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Aspen Curve Sites except as expressly authorized in these Terms of Use, without Aspen Curve’s express prior written consent.
    • Reverse engineer, decompile, or disassemble any portion of the Aspen Curve Sites, except where such restriction is expressly prohibited by applicable law.
    • Remove any copyright, trademark, or other proprietary rights notice from the Aspen Curve Sites.
    • Frame or mirror any portion of the Aspen Curve Sites, or otherwise incorporate any portion of the Aspen Curve Sites into any product or service, unless you obtain Aspen Curve’s express prior written consent to do so.
    • Systematically download and store any Materials.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Aspen Curve Sites, without Aspen Curve’s express prior written consent.
    • Cause injury to any person or entity.
    • Violate any law, rule, or regulation, or these Terms of Use.
  • You will not use the Aspen Curve Sites or Aspen Curve’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Aspen Curve trademark, logo, URL, or product name without Aspen Curve’s written consent;
  • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.
  1. Submitting Content and Ideas

Aspen Curve provides functionality that enables users to make available Content and Ideas in connection with the Aspen Curve Sites.  Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Aspen Curve Site.  You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B)below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use.  This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

2. Aspen Curve’s Rights to Use Content and Ideas

You grant to Aspen Curve a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed.  You further agree that Aspen Curve is free to use any Ideas for any purpose. Aspen Curve may sub-license its rights in Content and Ideas through multiple tiers of sub-licenses. Aspen Curve is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Aspen Curve the right to use any name associated with any Content or Idea that you make available to Aspen Curve, although Aspen Curve has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.  

3.    Prohibited Content

You agree that you will not make available Content in connection with the Aspen Curve Sites that:

  • is false, fraudulent, inaccurate, or misleading;
  • contains your full name(s), or any other confidential personally identifiable information of yourself or others;
  • violates any local, state, federal, or international laws or is otherwise tortious;
  • is protected by or would infringe on the rights of others (including Aspen Curve), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
  • is obscene, indecent, pornographic, or otherwise objectionable;
  • is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Aspen Curve in its sole discretion;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  • contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Aspen Curve;
  • contains or relates to chain letters or pyramid schemes;
  • impersonates another business, person, or entity, including Aspen Curve, its related entities, employees, and agents;
  • violates any policy posted on the Aspen Curve Sites; or
  • is intended to cause harm, damage, disable, or otherwise interfere with the Aspen Curve Sites or our partners.

Aspen Curve will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Aspen Curve Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by Aspen Curve from time to time.  Aspen Curve will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Aspen Curve Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Aspen Curve for all claims resulting from any Content you make available.

  • NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU.  CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.
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  • ASPEN CURVE AND ITS ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
  •  
  • The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”).  Such Products may be made available by us or by third parties.  We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites).  Such information and the availability of any Product are subject to change at any time without notice.
  • We have made efforts to accurately display the attributes of Products, including the applicable colors.  However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish.  In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
  • We sell Products for children’s use; however, these Products are intended for sale to adults.  
  •  Aspen Curve has no liability to you for content on the Aspen Curve Sites that you find to be offensive, indecent, or objectionable.  Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only.  By ordering an age restricted item, you certify that you satisfy the age restrictions.
  •  Aspen Curve is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Aspen Curve Entity,  our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Aspen Curve Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information.  Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition.  If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Aspen Curve’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

A. Order Acceptance and Billing

    • You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us.  All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order.  Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Aspen Curve may request a pre-authorization for some orders placed online with a credit or debit card.  This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
    • By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.  You will not be charged for most orders until the order has shipped.
    • Aspen Curve reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied.  Aspen Curve also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Aspen Curve for the purpose of engaging in a commercial sale of the same Product(s) to a third party
    • B. Pricing Information; Availability
    • Aspen Curve cannot confirm the price or availability of an item until after your order is placed.  Pricing or availability errors may occur on the Aspen Curve Sites or through Marketplace Retailers.  The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product.  Aspen Curve reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Aspen Curve.  Aspen Curve may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Aspen Curve Sites or from prices available in Aspen Curve stores or on Aspen Curve Apps.
    • C. Promotional Codes
    • Promotional codes are limited in nature and may expire or be discontinued with or without notice.  Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Aspen Curve Sites.  All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Delivery of Products purchased from the Aspen Curve Sites to addresses outside the United States is limited.  Some Products also have restricted delivery within the United States. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.