Introduction
This web site (”Web Site”) is operated by Cusp (”Cusp” or “we” or “us”). This privacy policy only covers information collected at this Web Site, and does not cover any information collected offline by Cusp (unless specifically stated). All Cusp websites are currently covered by this privacy policy. To help us achieve our goal of providing the highest quality products and services, we use information from our interactions with you and other customers, as well as from other parties. Because we respect your privacy, we have implemented procedures to ensure that your personal information is handled in a safe, secure, and responsible manner.

We have posted this privacy policy in order to explain our information collection practices and the choices you have about the way information is collected and used.

As we continue to develop our Web site and take advantage of advances in technology to improve the services we offer, this privacy policy likely will change. We therefore encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy.

The information we collect
Generally, you may browse the Web Site without providing any personally identifiable information. However, we may ask you to provide personally identifiable information at various times and places on this Web Site. In some cases, if you choose not to provide us with the requested information, you may not be able to access all of this Web Site or participate in all of its features.

We receive and store any personally identifiable information you enter on the Web Site. For example, we may collect the following personally identifiable information: your name, address, telephone number, driver’s license number, birth date, and e-mail address.

When you register with us as a subscriber, we may ask for additional information, such as your favorite designers.

If you use one of our services, or participate in one of our promotions or sweepstakes, we may ask for additional information, such as your age, interests or product preferences.

When you visit this Web Site, our web server automatically collect anonymous information such as log data and IP addresses. We may use the automatically collected information for a number of purposes, such as improving our site design, product assortments, customer service, and special promotions.

How we use the information we collect
We use the information we collect for various purposes, including:

  • to provide the services you request
  • to send you our newsletter and other offerings by email
  • to identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you

Others with whom we share your information
The Neiman Marcus Group: All of the above information that we collect, as described above, may be shared among all Neiman Marcus entities, including Horchow and Bergdorf Goodman.

Service providers: We also may disclose information to outside companies that help us bring you the products and services we offer. For example, we may work with an outside company to: (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide us storage and analysis; (d) provide fraud prevention; and (e) other services designed to assist us in maximizing our business potential. We require that these outside companies agree to keep confidential all information we share with them and to use the information only to perform their obligations in the agreements.

Other companies: We may provide information to carefully selected outside companies when we believe their products or services may be of interest to you.

Business Transitions: We may transfer or share a copy of personal information about you in the event that Neiman Marcus or one of its properties, affiliates or subsidiaries, goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets. You will be notified via email or prominent notice on our web site prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. However, nothing in this Privacy Policy is intended to interfere with the ability of Neiman Marcus to transfer all or part of its business and/or assets to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever. Neiman Marcus specifically reserves the right to transfer or share a copy of personally identifiable information collected from its websites to the buyer of that portion of its business relating to that information.

Compliance with Law: We may provide access to information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our Web Site, to limit our legal liability and protect our rights or to protect the rights, property or safety of visitors of this Web Site or the public.

Your California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Neiman Marcus Customer Relations, P.O.Box 650589, Dallas, Texas 75265-0589. Please allow 30 days for a response.

Children’s privacy
Protecting children’s privacy is important to us. Our Web Site is a general audience site. We do not collect or maintain information from those we actually know are under 13, and no part of our Web Site is targeted to attract anyone under 13. We also do not send email correspondence to anyone who tells us that they are under the age of 13 without their parent’s consent. Our online sweepstakes are restricted to entrants who are at least 18 years old.

Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the web.

Links to other sites
While visiting blogonthecusp.com, you may link to Web sites operated by our business partners or other third parties. This does not mean that we endorse these Web sites. We do not make any representations or warranties about any Web site you may access through this Web site. They are independent from us, and we have no control over, or responsibility for, their information or activities.

In addition, our privacy practices may differ from those of these other sites. If you provide personal information at one of those sites, you are subject to the privacy policy of the operator of that site, not the Cusp privacy policy. Make sure you understand any Web site’s privacy policies before providing personal information.

E-mails
You will receive promotional e-mails from us only if you have asked to receive them. If you do not want to receive email from Cusp or its affiliates you can click on the unsubscribe link and hit send at the bottom of any email communication sent by us. Please allow us 3 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.

Acceptance
By using this Web Site, you accept the policies set forth in this Privacy Policy.

Any questions?
We’ll be happy to provide additional information or answer any questions. Please:

Stacy Chaloeicheep
Drillteam Media
221 W 17th St
5th Fl
NY NY 10011

Conditions of Use, Notices and Disclaimers

When you use this Web site, you are automatically agreeing that both your access to the site and your use of it are:

  • Subject to the terms and conditions in this legal notice, which may change at any time without notice.
  • Subject to all applicable laws.
  • Undertaken at your own risk.

Please refer to this page frequently to review our current terms and conditions of use.

Copyrights
All of the Content you see and hear on the Cusp Web site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to copyright protection and/or other intellectual property rights or licenses held by Cusp, one of its affiliates or by third parties who have licensed their materials to Cusp. Photos are not copyrighted by Cusp. The entire Content of this Web site is copyrighted as a collective work under U.S. copyright laws, and Cusp owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
Except as may otherwise be requested by the Cusp Businesses, as defined below, the Content of this Web site, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Cusp reserves complete title and full intellectual property rights in any Content you download from this Web site.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Cusp.
Submissions
We welcome your comments regarding this Web site and will be asking you to submit materials created by you in connection with activities. However, any materials submitted by you, comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Materials”) sent to Cusp shall be and remain the exclusive property of Cusp. To the best of your knowledge, the Materials will not violate or infringe upon any rights of any third parties. Your submission of any such Materials shall constitute an assignment to Cusp of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Materials. Cusp will be entitled to use, reproduce, disclose, publish and distribute any Materials you submit for any purpose whatsoever, without restriction and without compensating you in any way. Your submission constitutes your agreement to execute any instruments reasonably requested by Cusp to confirm the foregoing assignment. For this reason, we ask that you not send us any Materials that you do not wish to assign to us. Your submission of Materials also constitutes your agreement to allow Cusp to use your first name and initial of last name and city where you live.
The Cusp message services available to our guests are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages. In addition, we ask that you do not submit or post photos, videos, or other media that include obscene, profane or threatening images. Examples of the kinds of conduct or content that are prohibited in user submitted content include:
- The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or Cusp rule or policy.
- The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- The impersonation of any person or entity in any part of a gift message.
You are solely responsible for the content of any messages and/or images you submit and Cusp assumes no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Cusp guests or any third party. Cusp reserves the right to purge the content you provide after 90 days of creation.

Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.

Colors
We have done our best to display as accurately as possible the colors of the products shown on this Web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Trademarks
The trademarks, service marks or trade dress of Cusp and our affiliates may not be used without our written permission. Trademarks, service marks or trade dress include the Cusp name and logo, and other graphics, logos, page headers, button icons, scripts, and service names of Cusp products, services, and programs, and those of our affiliates.

All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

Use
You have permission to electronically copy and print hard copies of pages from this Web site solely for personal, non-commercial purposes. Unless we give you written permission in advance, any other use of this Web site, its content and its information, including linking or framing to this Web site, are strictly prohibited.

Errors and inaccuracies
Our goal is to provide complete, accurate, up-to-date information on our Web site. Unfortunately, it is not possible to ensure that any Web site is completely free of human or technological errors. 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 and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.

Disclaimer of liability
We make no representations or warranties of any kind, whether express or implied, with respect to this Web site, 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 and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this Web site or any other Web 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.

GENERAL DISCLAIMERS
THE BLOGONTHECUSP WEB SITE IS OPERATED BY CUSP, ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, CUSP, AND THEIR AFFILIATES (COLLECTIVELY, THE ” CUSP BUSINESSES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, THE CUSP BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEB SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEB SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, THE CUSP BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
THE CUSP BUSINESSES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEB SITE, OR ABOUT ANY WEB SITE YOU MAY ACCESS THROUGH THIS WEB SITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEB SITE.
THE CUSP BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEB SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
THE CUSP BUSINESSES ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEB SITE.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL THE CUSP BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY CUSP BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE CUSP BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

No confidentiality
We do not want to receive confidential or proprietary information or trade secrets through this Web site. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license 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.

Applicable law
By visiting this Web site, you agree that the laws of the state of Texas, 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 us or any of our affiliates.

Disputes
Any dispute relating in any way to your visit to our Web site shall be submitted to confidential arbitration in Dallas, Texas. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Texas. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules 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 with respect to this Web site shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

Protecting your information
As part of our ongoing commitment to ensure that your experience with Blogonthecusp.com is protected, blogonthecusp.com will prosecute all unauthorized or fraudulent transactions to the fullest extent allowed by law.