STAGECOACH DIRECT LLC
TERMS & CONDITIONS — Site Use
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. DETAILS ARE SET FORTH BELOW.
These terms and conditions serve as the entire understanding and agreement, and supersede all prior understandings and agreements of the parties, regarding the subject matter of the Terms. Except as provided above with respect to the Arbitration Agreement, if any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to replace the invalid or unenforceable provision with a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading allowable under the law consistent with the intention of the invalid or unenforceable provision.
USE OF THIS SITE
All materials you see and hear on this Site, SCDIRECT.CO, including for example, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (individually or collectively, the “Content(s)”) are intended solely for your personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Contents displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way; and (3) do not provide or make available the Contents to any third party. No right, title or interest in any accessed, viewed, downloaded, printed or copied Content is transferred to you as a result of your use of this Site. StageCoach Direct, LLC. owns and reserves all right, title and interest in and to the intellectual property rights in any Content you may access on this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Contents or this Site without first obtaining written permission from SCDirect.
SCDirect may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Kohl’s also reserves the right to block or deny access to the Site to anyone at any time for any reason.
By your use of this Site, you represent and warrant that you are at least eighteen (18) years of age. If you are not at least eighteen (18) years of age, then do not use this Site without the consent of your parent or legal guardian; provided, however, that if you are under thirteen (13) years of age, then you may not use this Site under any circumstances.
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such site.
COMPLIANCE WITH ALL LAWS & SITE SECURITY
You agree to use this Site only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for you or logging onto a server or an account for which you are 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 other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail-bombing, or crashing; or (d) sending or relaying unsolicited email, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while making purchases in our Store or using the Site or interfere or attempt to interfere with the proper working of this Site.
LIMITATION OF LIABILITY
THE LIMITATIONS OF LIABILITY ABOVE ARE BINDING. HOWEVER, IN SOME OTHER JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY AND SITE SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR DISPUTE(S) THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE THOUSAND DOLLARS ($5,000).
DISCLAIMER OF WARRANTY
SCDIRECT PROVIDES ACCESS TO ITS STORES AND THIS SITE TO SCDIRECT’S CUSTOMERS AND PROSPECTIVE CUSTOMERS “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES/PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SCDIRECT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE AND/OR GIFT CARD(S) UTILIZED TO PURCHASE MERCHANDISE OFFERED. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE MERCHANDISE. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SCDIRECT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION IN STORE OR ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SCDIRECT FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE AS TO THE ACCURACY OR COMPLETENESS OF EACH MERCHANDISE ITEM INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZES. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SCDIRECT FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE FOR ANY THEFT OR LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS SENT TO, FROM OR STORED ON THIS SITE.
JURISDICTION; RISK AND LAW
StageCoach Direct controls this Site and its Stores from its corporate offices within the State of Wyoming. THE USE OF THIS SITE SHALL BE LIMITED TO THE BOUNDARIES OF THE CONTINENTAL UNITED STATES, HAWAII, ALASKA AND APO/FPO MILITARY ADDRESSES. The risk of loss and title to items passes to the purchaser upon delivery.
StageCoach Direct does not imply that the materials published on this Site are appropriate for use outside of the United States. Notwithstanding the foregoing, if you access this Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with all applicable domestic and local laws, regulations or equivalents thereof.
MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS (“ARBITRATION AGREEMENT”)
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION (hereinafter “Class Action”).
Most customer concerns can be resolved by calling Customer Service at 800-705-3171 x 801. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how any Claims (as defined below) are resolved through arbitration.
In this Arbitration Agreement, the term “SCDirect” or “@theCoach” includes StageCoach Direct, LLC., its parent, as well as any of their respective affiliates or subsidiaries, and any persons or entities (including agents or employees) related to SCDirect or its affiliates or subsidiaries.
ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL, OR FILE OR PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY.
- Arbitration Rules; Procedures; Fees. If either of us intends to seek arbitration, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to SCDirect should be sent to StageCoach Direct, LLC, Registered Agent, 1910 Thomes Avenue, Cheyenne, Wyoming 82001. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve our dispute within 30 days, either party may then proceed to initiate an arbitration.
- To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to StageCoach Direct, LLC Registered Agent, located at: 1910 Thomes Avenue, Cheyenne, WY 82001 or we must send a written notice to you at the most current address we have on file for you. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Consumer Arbitration Rules as applicable. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. SCDirect will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
- Waiver of Class Action or Consolidated Claims. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor SCDirect is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (h) below.
- Small Claims Court. Either you or SCDirect may assert claims, if they qualify, in small claims court in Laramie County, Wyoming, or any United States county where you live or work.
- Waiver of Jury Trial. YOU AND SCDirect WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and SCDirect are instead choosing to have all Disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and SCDirect over whether to vacate or enforce an arbitration award, YOU AND SCDirect WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If, however, any court or arbitrator determines that the class action waiver set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then this Arbitration Agreement shall be deemed null and void in its entirety. This Arbitration Agreement will survive the termination of your relationship with SCDirect.
PRICING & PRODUCT INFORMATION
While Kohl’s strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. SCDirect reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price, with incorrect information, or discounted in error, SCDirect shall have the right, in its sole discretion and to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, SCDirect will issue a credit to your credit card as your sole and exclusive remedy if permissible under applicable law. We apologize for any inconvenience this may cause you.
SCDirect works hard to provide low prices on this Site. Prices and availability are subject to change without notice. “Sale” prices and percentage savings offered by SCDirect are discounts from our “Regular” or “Original” prices. The “Regular” or “Original” price of an item is the former or future offered price for the item or a comparable item by SCDirect or another retailer. Actual sales may not have been made at the “Regular” or “Original” prices, and intermediate markdowns may have been taken. “Original” prices may not have been in effect during the past 90 days or in all trade areas. Merchandise on this Site could be offered at the same or lower “Sale” prices during future promotional events beginning on or after the last day of this advertised event. Deals@theCoach® merchandise or other charitable items are excluded from “Entire Stock” promotions in this Site. In some events, actual savings may exceed the percent savings shown.
You agree that you are responsible for all charges incurred in connection with any purchase on our Site, including, without limitation, all taxes, shipping, handling and processing charges or other fees.
SCDirect attempts to display the colors of our merchandise shown on this Site as accurately as possible. However, because a monitor’s display may vary the colors shown, we cannot guarantee that your monitor will accurately depict the actual color of the merchandise.
SCDirect is a retailer, not a wholesaler, and does not sell to individuals or dealers for the purpose of resale to others. SCDirect reserves the right, in its sole discretion, to reject an order or otherwise limit the quantity of items purchased per person, per household or per order in our Store. These restrictions may be applied at SCDirect’s discretion, including, without limitation, to purchases/orders placed by the same person, the same @theCoach account, the same credit card and/or orders that use the same billing or shipping address.
If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us by email at firstname.lastname@example.org .
USER REVIEWS, COMMENTS & SUBMISSIONS
You acknowledge and agree that SCDirect has the right (but not the obligation) to do any or all of the following at any time: (a) monitor User Content; (b) remove or refuse to post any User Content; and/or (c) disclose User Content to any third party, and the circumstances surrounding submission.
As a visitor to our Site, please be advised that SCDirect does not endorse or take responsibility for the opinions, advice, information or statements made by third-party visitors to our Site, whether through User Content or otherwise. To the fullest extent permissible by applicable law, SCDirect shall not be liable, directly or indirectly, to anyone for any damage or losses of any nature arising from or out of User Content. You alone, and not SCDirect, shall bear sole liability for any such damages or losses arising from User Content submitted by you.
RATINGS & REVIEWS
SCDirect also allows users to engage in discussions surrounding the Site’s products through its Ratings & Reviews and related features. Ratings & Reviews shall be deemed User Content and shall be subject to the requirements set forth in the User Reviews, Comments & Submissions section above.
COPYRIGHTS AND TRADEMARKS
Periodically, links may be established from this Site to one or other external websites or resources operated by third parties (the “Third-Party Sites”). SCDirect and or its affiliates, provide these links for your convenience only. In addition, certain Third Party Sites also may provide links to the Site. AT NO TIME SHALL ANY SUCH INBOUND OR OUTBOUND LINKS BE DEEMED TO IMPLY THAT SCDIRECT ENDORSES OR APPROVES THE THIRD-PARTY SITES OR ANY CONTENT THEREIN. SCDIRECT DOES NOT CONTROL AND IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING, ANY THIRD-PARTY SITES OR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD-PARTY SITES. ACCESS TO ANY THIRD-PARTY SITES IS AT YOUR OWN RISK AND SCDIRECT WILL HAVE NO LIABILITY ARISING OUT OF OR RELATED TO SUCH THIRD-PARTY SITES TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
Without limiting the foregoing, linking to our Site is strictly prohibited absent express written permission from SCDirect. In addition, framing, in-line linking or other association of this Site or its Contents with links, advertisements and/or other information not originating from this Site is expressly prohibited.
StageCoach Direct, LLC located at:
Cheyenne, Wyoming 30346
If you have any questions concerning the legal notices stated above, we encourage you to contact the SCDirect’s Legal Department at this address. All rights reserved.
© 2021 StageCoach Direct, LLC. All rights reserved.