A SPECIAL NOTE ABOUT CHILDREN: This website is not designed or intended for use by children under 13, although the website may offer children’s products for purchase by adults. If you are under 18, you should use the website only with involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it.
Intellectual Property Ownership and Use
Please be aware that as you visit and navigate this website your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.
For International Website Users: The website is hosted in the United States and is intended for and directed to users in the United States. By using this website you are subjecting yourself to the laws and jurisdiction of the United States.
You may not use any of the Cal & Kay trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Cal & Kay name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Cal & Kay's products, services, and programs. Any other trademarks that appear on our website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the website, as well as the software used to create them, are owned or licensed by Cal & Kay and/or its affiliates and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the website solely for personal, non-commercial purposes related to placing an order or shopping on the website. Any other use of any content included on the website, including linking or framing to this website, are strictly prohibited unless you first obtain our prior written consent.
Linked Third Party Sites
You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from this website to third-party websites, applications and services, and third-party websites may link to the website (“Linked Sites”). Linked Sites are not operated, controlled or maintained by us, and you acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not constitute an endorsement, approval or sponsorship thereof. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences.
Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. We shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any user content for any reason or no reason.
Errors and Inaccuracies
We always try to provide complete, accurate, up-to-date information on our website. Unfortunately, despite those efforts, human or technological errors may occur. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged, and to change or update information at any time without prior notice. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account.
Although we make every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the display settings and device of the user, and we cannot guarantee that your electronic device will accurately portray the actual colors of the products.
You may order products from the website only if you have reached the age of majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes. Certain products and services that you may be able to purchase or download through the website may be subject to additional terms and conditions presented to you during such purchase or download.
Nothing contained on the website shall constitute a binding offer to sell any products displayed herein and all orders are subject to our acceptance. Any time after receipt of your order, we may, in our sole discretion, accept or decline all or part of your order or any future orders. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. You may not purchase our products for resale purposes.
By making a purchase from the website, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to collect on any unpaid debt, to operate our fraud prevention program and to obtain credit card authorization.
Products listed on the website are not guaranteed to be available as products may not be in stock, or may be low in stock, when an order is completed. Prices displayed on the website are quoted in USD and are valid and effective only in the U.S.
Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on draperjames.com. All purchases from draperjames.com are made pursuant to the terms and conditions found on the website. Risk of loss and title for items purchased from the website pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.
You agree to accept responsibility for all activities that occur under your Account, if any, and agree you will not sell, transfer or assign your Account or any rights associated with your Account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portions of the website using your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the website for any reason.
Disclaimer of Liability
We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of the website, or your downloading or uploading of any materials, data, text, images, video, or audio from or to the website. If you are dissatisfied with the website, your sole remedy is to discontinue using the sites.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
The website may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the website, purchasing products, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the website. We specifically prohibit any use of the website, and you agree not to use the website, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Communicating, transmitting, or transferring (by any means) information or software derived from the website to foreign countries or certain foreign nations in violation of any applicable export control laws;
- Attempting to interfere in any way with the website’s or our networks or network security, or attempting to use the website’s service to gain unauthorized access to any other computer system; and
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences and prosecute any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the website, including, without limitation, the following:
- Accessing data not intended for you or logging on to a server or account, which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of the website, our provision of services to any other visitors to the website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the website, overloading, “flooding”, “mailbombing” or “crashing” the website; and
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission to the Web Site.
By visiting our website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our website.