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Please read carefully the following Privacy Policy of H.Stern regarding its practices pertaining to data collection and use of your personal information obtained through this Website.
- Confidentiality of Data H.Stern is deeply concerned about the safety and confidentiality of data supplied by the use of this Website. The collection and storage of data is handled in a secure environment and serves the sole purpose of identifying the client and the client's registry information at the time of a purchase or during a Website visit.
H.Stern uses your credit-card number only during the processing of your current purchase. As soon as each transaction is completed and an authorization from your credit-card company is received, your credit-card information will be automatically destroyed; it does not remain stored in any form in our archives, except as otherwise required, as provided in Section 6.5, below.
- Registry and Cancellation of a Registry When you create a personal registry with H. Stern Jewelers, you will be asked whether or not you authorize H.Stern to contact you via e-mail regarding news, promotions, product launches, and other events. If you do not wish to receive further contact of that kind, go to your registry and unmark the appropriate field for newsletter subscription, or call 800-7HStern (in New York City: 212-688-0300) to speak with a representative who will remove you from our mailing list.
- Use of Cookies H.Stern may send and access its own cookies in your computer. This use of cookies enables us to analyze and improve site performance for your own enjoyment and comfort. A cookie is a small amount of data, usually including an anonymous identifying agent, sent to you by a Website and stored in your computer's hard drive. It is possible to configure your browser to accept or reject all cookies, or to notify you when a cookie is being sent to you. Because each browser works differently, check the help line of the browser you are using for more information on how to modify its preset preferences regarding cookies.
- Restrictions on Use This Website is protected by United States and international law, including copyright and trademark laws. This Agreement does not grant any license to modify, alter, or frame the materials on this Website that are viewed, downloaded, or otherwise accessed by you. Your license does not include: any right of resale or of commercial use of this Website or its contents; any derivative use of this Website or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools in connection with this Website. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials, and you must comply with any applicable end-user license agreements. You may not input or upload onto this Website any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept, or expropriate any system, this Website or its contents, or that infringes upon any intellectual-property rights of H.Stern or any third party. Inappropriate and unauthorized inputs and uploads include Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines. You are also prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material, or engaging in any kind of harassment activity via this Website or any Website linked to it.
From time to time, and without notice, H.Stern may establish and change any of its practices, policies and restrictions concerning the use of this Website. - Disclosure of Content Monitoring Although H.Stern has no obligation to monitor any information provided to this Website by its users, including information that you provide, H.Stern reserves the right to monitor, retain, and disclose that information if required to do so by law or in a good-faith belief that disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property, or personal safety of H.Stern, its users, or the public.
- No Website Warranty This Website, including any content or information contained within it, and any linked Website, is provided "as is" and "as available." TO THE FULLEST EXTENT PERMITTED BY LAW, H.STERN EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limitation to the foregoing, H.Stern makes no warranty that: (a) there will be no interference with your enjoyment of this Website; (b) the information provided will fulfill any particular purpose or need; (c) any request will be honored according to your schedule or any stated schedule; (d) this Website will otherwise meet any specifications, requirements, or expectations; (e) this Website will be uninterrupted, timely, secure, or error free; (f) the results that may be obtained from use of this Website will be accurate and reliable; or (g) any errors in the content of this Website will be corrected.
You assume total responsibility and risk for your use of this Website and any linked Website. Any material downloaded or otherwise obtained through the use of this Website is so obtained at your own discretion and risk. H.Stern will not be responsible for any damage to your computer system, any loss of data, or any other damage or loss that results from so obtaining any such material.
Please note that this disclaimer of warranty applies to this Website and your use of it, and not to any applicable international warranty for products, or to any warranty period expressly granted for any product servicing. For more information on our international warranty, contact us.
- Limitation of Liability IN NO EVENT SHALL H.STERN, ANY DIRECT OR INDIRECT SHAREHOLDER, AFFILIATE, OTHER RELATED ENTITY, SUBSIDIARY, JOINT VENTURE, PARTNER, ENTITY IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THIS WEBSITE, FROM THE USE OF IT, FROM THE INABILITY TO USE IT, THROUGH THE DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE) OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION, OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR ANY OTHER ERROR, FAILURE, OR DELAY IN DATA TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE. H. Stern shall have no liability for the deletion of any communications or information collected, maintained, or transmitted by this Website or the failure to store any information, including personalized settings. H. Stern shall have no liability with respect to any information posted by users on chat rooms, bulletin boards, or other user forums.
- Submissions Any comments, suggestions, testimonials, endorsements, ideas, or similar material disclosed, submitted or posted by you on this Website or in connection with it will be considered non-confidential, non-proprietary and not personal either to you or to anyone else. By disclosing, posting, or submitting any such material, you grant to H. Stern and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, edit, publish, translate, rework, distribute, and display that material without compensation or acknowledgment of source.
- Modifications At any time, and without notice, H. Stern may modify, update, or otherwise change any term of this Agreement or this Website. You agree that you are deemed to be apprised of, and that you are bound by, any such changes immediately upon its posting. We encourage you to visit this Website from time to time to review the current version of the Agreement.
- Termination H.Stern may, through its sole discretion, terminate or cancel your use of this Website or terminate or cancel this Agreement for any reason, without prior notice. Upon termination or cancellation of this Agreement, you will immediately discontinue use of this Website. Through its sole discretion, and at any time, H.Stern may also discontinue providing this Website or any part of it, with or without notice. H.Stern shall not be liable to you or any third party for any of the foregoing. Parts or all of this Agreement shall survive termination or cancellation of this Agreement and the termination or cancellation of your use of this Website.
- Links to Other Websites Although this Website may contain links to other Websites, H.Stern has no control over those linked Websites. You acknowledge and agree that H.Stern is not responsible for the availability of those linked Websites or their content. H.Stern provides links as a convenience and does not endorse the proprietors or content of any linked Websites, including any linked Website of any company related to H.Stern, in control of it, or under common control with it. H.STERN DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY PRODUCT OR SERVICE PROVIDED VIA ANY LINKED WEBSITE.
- Caching, Linking, and Framing by You H.Stern prohibits caching of any portion of this Website and any unauthorized links to this Website and unauthorized framing of it. H.Stern reserves the right to disable any unauthorized links or frames.
- Jurisdiction, Choice of Law, and Arbitration All claims regarding this Website shall be governed according to the laws of the state of New York, United States of America, without regard to its conflicts of law principles. H.Stern makes no representations or warranties that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited.
Any controversy or claim arising out of or relating to this Agreement, the Terms of Use or the Website shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon all awards rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall be held in New York, New York, or another location mutually acceptable to the parties, in the English language, and shall be conducted before three arbitrators selected in accordance with such rules. The arbitrators are empowered to award reimbursement of attorney fees and other costs of arbitration to the prevailing party, in such manner as the arbitrators deem appropriate. The arbitrators shall have the right to grant a permanent injunction in addition to any damages or other relief.
- Complete Agreement This Agreement constitutes the entire agreement between you and H. Stern with respect to use of its Website, superseding any other agreement between you and H. Stern with respect to the subject matter of this Agreement. Section headings in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is found to be unenforceable, the other provisions shall still remain in full force and effect.
- Notices All notices and other communications to H. Stern shall be in writing, must be given by certified mail, return receipt requested and must be addressed to H.Stern at the address set forth for it in this Website at the time of delivery.
- Effect of Waiver or Consent A waiver or consent, express or implied, to or of any breach by you, or any delay in enforcement of any provision of this Agreement on the part of H.Stern, will not constitute a consent to, or waiver of, any other breach or default by you of the same or any other obligations of you. Failure on the part of H.Stern to complain of any act of yours or to declare you in breach or default, irrespective of how long that failure continues, does not constitute a waiver by H.Stern of its rights with respect to that default until the applicable statute-of-limitations period has expired.
Terms of Use of this Website were last updated on February 7, 2002. Please check back periodically for updates and changes.
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