Terms and Conditions

Updated 10/27/2011

Welcome to TheAspenShops.com. The Aspen Shops provides its services to you subject to the following conditions. If you visit or purchase at TheAspenShops.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future The Aspen Shops service or visit or purchase from any business affiliated with The Aspen Shops, whether or not included in the TheAspenShops.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

PAYMENTS AND FEES

As consideration for the services purchased, you agree to pay The Aspen Shops a monthly service fee based on the plan purchased below, authorized at the time of sign up. Shop owners are responsible for payment upon the period billing date.

Plan 1: Month-to-month payment

You agree to pay The Aspen Shops a monthly service fee of $29.95 with an initial one-time signup fee of $50 (charged on signup date). Your monthly fee of $29.95 will be charged on the first day of the following month. This plan can be changed to Plan 2 or Plan 3 at any time by emailing a customer service representative at ownersupport@theaspenbrands.com .

Plan 2: 6-month prepaid plan

You agree to pay The Aspen Shops a 6-month prepayment fee of $150 (*authorized at the time of signup and equivalent to $25 per month) and the signup fee of $50 is waived. The total amount of $150 will be charged on the first day of the following month .This prepaid plan renews automatically on the first day of the month, after the full 6 months of the prepaid period is up. To change this plan, a written notification of change of plan is required no earlier than 30 days before the plan renewal date See example 1. To submit this change, please email a customer service representative at ownersupport@theaspenbrands.com. To give notice that you will not be renewing your plan, please email ownersupport@theaspenbrands.com no earlier than 30 days before the plan renewal date. If you request to not renew your plan, when your 6 month pre-paid period has ended, your shop will automatically close and your plan will not renew See example 2. If you wish to cancel, a written cancellation notice is required 60 days prior to the end of your pre-paid period See example 3. Please notify a customer service representative by calling 1-866-315-8110 or emailing tascancel@theaspenbrands.com to cancel your account. Commissions will continue to be paid to you during this 60 day period. If this plan is cancelled within the prepaid period (before the 6 month term has ended), this constitutes a breach of service agreement. The plan effectively switches at the date of cancellation to a month -to -month plan at $29.95 per month and the prepayment amount of $150 remains on file. However, the total paid from the time of sign up and owed through the duration of the plan will then change and be calculated at the $29.95 monthly rate for the entire term (as opposed to the $25 per month rate). Once your account is closed, any difference from the total pre-paid amount will be refunded.

Plan 3: 12-month prepaid plan

You agree to pay The Aspen Shops a 12-month prepayment fee of $240 (*authorized at the time of signup and equivalent to $20 per month)) and the signup fee of $50 is waived. The total amount of $240 will be charged on the first day of the following month. This prepaid plan renews automatically on the first day of the month after the full 12 months of prepaid period is up. To change this plan, a written notification of change of plan is required no earlier than 30 days before the plan renewal date. See example 4. To submit this change, please email a customer service representative at ownersupport@theaspenbrands.com. .To give notice that you will not be renewing your plan, please email ownersupport@theaspenbrands.com no earlier than 30 days before the plan renewal date. If you request to not renew your plan, when your 12 month pre-paid period has ended, your shop will automatically close and your plan will not renew See example 5. If you wish to cancel, a written cancellation notice is required 60 days prior to the end of your pre-paid period See example 6. Please notify a customer service representative by calling 1-866-315-8110 or emailing tascancel@theaspenbrands.com to cancel your account. Commissions will continue to be paid to you during this 60 day period. If this plan is cancelled within the prepaid period (before the 12 month term has ended), this constitutes a breach of service agreement. The plan effectively switches at the date of cancellation to a month -to -month plan at $29.95 per month and the prepayment amount of $240 remains on file. However, the total paid from the time of sign up and owed through the duration of the plan will then change and be calculated at the $29.95 monthly rate for the entire term (as opposed to the $20 per month rate). Once your account is closed, any difference from the total pre-paid amount will be refunded.

The Aspen Shops reserves the right to terminate the service agreement upon your failure to pay on a timely basis. If your credit card is declined, you will be notified. These notifications will be emailed to the email address on file on the 1st, 15th and 25th of the month. If your credit card information is not updated, the shop will automatically shut down on the last day of the month. Under these circumstances, there will not be any commissions paid out or any payment plan fees refunded as this constitutes breach of service agreement.

You will receive a welcome email upon registration that includes instructions and a link to a tax form you are required to complete and return. Please complete the form fully and either email it to ap@theaspenbrands.com (subject line ┬ĘC "Completed W-9") or fax it to 678.278.1349. It is imperative that you complete and send this form as quickly as possible, as we are unable to process your commission checks without a completed form

You will receive a monthly compensation check for the orders that were processed during the previous month. This check will be mailed by the 25th of the following month. When your account has a $100 balance or more, you will receive a check. For example, if during March your commission is $105, your check for $105 will be mailed by April 25th. If in May your commission is $45, your check for May and June will be mailed in July. If you earn another $60 in commissions in June, your check for $105 will be mailed by July 25th. Deductions from your commissions will naturally occur when returns are received on previous sales. You can view a detailed account of purchases and returns on your secure owner login page.

You will receive an IRS1099 form at tax time if The Aspen Shops has issued payments to you which reach or exceed $600.00 during the course of the previous year. No forms will be sent if your commissions do not reach or exceed $600.00, but you may be still be required to report this income on your taxes. Please check with your individual state and federal agencies for applicable requirements. IRS 1099 reporting may be changed at any time and we will produce your 1099 in accordance with the IRS requirements for the applicable tax year.

With respect to the web address you choose for the site and any information supplied by you to include in the site such as logo, artwork, or content (e.g. for the home page or other sections of the site), you will retain whatever ownership rights you have in such material. You agree that since The Aspen Shops does not control the selection of information or content that you provide for the site, you will hold The Aspen Shops harmless and defend The Aspen Shops against all liability. The Aspen Shops reserves the right, in its sole discretion, to remove any such information or to disable the site in the event any copyright, trademark or other intellectual property infringement is alleged by a third party, and The Aspen Shops shall not be liable to you in any capacity for such removal of information or disabling of the site.

Nothing in this agreement shall operate to grant a license or other right to you for use of the trade names, trademarks, service marks or logos of TheAspenShops.com.

Account Cancellation Process

To cancel your account a written 60-day advance notification is required regardless of which payment plan you signed up for. Please submit a request to tascancel@theaspenbrands.com Your account will remain active for 60 days from the date the email is received. Regular billing and commission cycles will continue. At the end of 60 days, your shop will be closed and your account will no longer be charged. For more information about what plan cancellation entails, please refer to the Plan Option descriptions detailed above.

Shop Reactivation:

You may cancel your shop at any time during your 60 day grace period and reinstate your store into the active queue without penalty. You can contact us by calling 1-866-315-8110 or emailing ownersupport@theaspenbrands.com to request removal from the cancellation queue. All commissions due from date of cancellation notice to end of notice period will be held until the next commission due date after deactivation in order to accommodate any product returns. If you are reactivating an account with a prepayment option, please make sure to contact a customer service representative ownersupport@theaspenbrands.com and select a new plan to be charged to your account on the first of the month, following your 60 day grace period.

PRIVACY

Please review our Privacy Notice, which also governs your visit to TheAspenShops.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit TheAspenShops.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Aspen Shops or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of The Aspen Shops and protected by U.S. and international copyright laws. All software used on this site is the property of The Aspen Shops or its software suppliers and protected by United States and international copyright laws.

LICENSE AND SITE ACCESS

The Aspen Shops grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Aspen Shops. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Aspen Shops. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Aspen Shops.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing The Aspen Shops name or trademarks without the express written consent of The Aspen Shops. Any unauthorized use terminates the permission or license granted by The Aspen Shops. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of your The Aspen Shop so long as the link does not portray The Aspen Shops, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You are authorized to use any The Aspen Shops.com banner found in the marketing tools as part of the link.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Aspen Shops does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use The Aspen Shops only with involvement of a parent or guardian. The Aspen Shops reserves the right to refuse service, terminate accounts, remove or edit content, cancel orders or accounts at its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Aspen Shops reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant The Aspen Shops a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Aspen Shops the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Aspen Shops for all claims resulting from content you supply. The Aspen Shops has the right but not the obligation to monitor and edit or remove any activity or content. The Aspen Shops takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

The Aspen Shops and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email ownersupport@theaspenbrands.com

RISK OF LOSS

All items purchased from The Aspen Shops are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

The Aspen Shops attempts to be as accurate as possible. However, The Aspen Shops does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by The Aspen Shops itself is not as described, your sole remedy is to return it in unused condition.

Internet Auction Sites

The Aspen Shops specifically prohibits marketing of the products within this program, and does not license or authorize marketing the products within this program, on Ebay or any other internet auction sites. Any Owner found in violation of this regulation will receive one (1) cease and desist notice and, if found not in compliance within 14 days of initiation of said notice, will have their shop terminated with no refund.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY The Aspen Shops ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Aspen Shops MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, The Aspen Shops DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ASPEN SHOPS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE ASPEN SHOPS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Aspen Shops WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. 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.

APPLICABLE LAW

By visiting TheAspenShops.com, or purchasing products from or otherwise doing business with The Aspen Shops, you agree that the laws of the states of Georgia and New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The Aspen Shops.

DISPUTES

Any dispute relating in any way to your visit to TheAspenShops.com or to products you purchase from The Aspen Shops shall be submitted to confidential arbitration in Atlanta, Georgia, except that, to the extent you have in any manner violated or threatened to violate The Aspen Shops intellectual property rights, The Aspen Shops may seek injunctive or other appropriate relief in any state or federal court in the state of Georgia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy posted on this site. These policies also govern your visit to TheAspenShops.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

The Aspen Shops
2700 Breckinridge Blvd
Duluth, GA 30096
http://www.theaspenshops.com

* For more information and a Description of the authorization process please review http://en.wikipedia.org/wiki/Authorization_hold


 

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