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 ¨C "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 suite A
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