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Terms Of Use

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1. Acceptance

Many thanks for visiting this website (the “Website”) provided by H. Stern Jewelers, Inc., a New York corporation (“H.Stern-NY” or “We”). By accessing and browsing this Website, visitors (also referred to as “you”) accept without limitation or qualification these Terms of Use and all applicable laws.

We provide this Website for use only by persons located or resident in the United States, its territories and possessions (the “U.S.”). H.Stern-NY 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.

If you access this Website from outside the U.S., you do so on your own initiative and are responsible for compliance with local laws.

Please read the Terms of Use carefully. Throughout this site, the “Company” and “H.Stern-NY” and references to either (e.g., “its”) are exclusively intended as references to H. Stern Jewelers, Inc. and not as references to any other entity using “H. Stern” in its name or offering, selling or providing products or services offered or sold under the “H. SternTM” brand.

2. No Reliance & No Liability

The information presented on or through this Website is made available solely for general information purposes. Use of this Website is exclusively at the sole risk of you, the visitor. Any reliance upon the materials of this Website shall be strictly at the user’s own risk. We disclaim all liability and responsibility arising from any reliance placed on the accuracy or completeness of such materials by you or any other visitor to this Website.

Contents may change at any time without notice to you. You agree that it is your responsibility to monitor any changes to the materials and the information contained on this Website.

3. Third Party Information

This Website may include or refer to content provided by third parties. All statements and/or opinions expressed in such materials are solely the opinions and the responsibility of the person or entity providing those materials and do not represent or reflect the opinion of H.Stern-NY. We are not responsible, or liable to you or any third party, for the content or accuracy or completeness of any materials provided or the opinions expressed by any third parties.

4. Information/Data Supplied to H.Stern-NY

You have no proprietary or other right to any information, data or other materials transmitted or posted or otherwise made available by you on or through this website by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions or the like, and you acknowledge and agree that it will not be treated as confidential or proprietary. Any such information, data or other materials so transmitted or posted or otherwise made available becomes the property of H.Stern-NY and its affiliates and may be used for any purposes, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and otherwise, on this Website and elsewhere on the internet Furthermore, H.Stern-NY and its affiliates will be free to use any designs, ideas, artwork, inventions, developments, suggestions, and/or concepts contained in any communication transmitted or posted or otherwise made available on this Website for any purposes, including, but not limited to, statistical evaluation, the development, manufacturing, advertisement, and/or marketing of products. Any such use will be without compensation or recognition to the submitter of the information, data or other materials

If you submit material and you have some right under applicable laws to such materials notwithstanding these Terms of Use, you herewith grant H.Stern-NY and its affiliates an unrestricted, exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, delete, destroy, publish, translate, create derivative works from, distribute and display such materials throughout the world in any media. You further agree that H.Stern-NY will be free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to H.Stern-NY. You grant H.Stern-NY and its affiliates the right to use any name you submit in connection with such material anywhere and in any manner, without right to receive any compensation or recognition therefor.

You represent, warrant and covenant, as may be the case, that you own or otherwise control all of the rights to any content you transmit, post or otherwise make available to H.Stern-NY and/or its affiliates; that the content is accurate and neither defaming nor libelous; that use of the content you supply does not violate any provision herein or infringe the rights of any third party and will not cause injury or damage to any person or entity; and that you will indemnify, defend and hold H.Stern-NY and its affiliates harmless from and against any actual and threatened claim, damage or liability resulting from any content and materials you transmit, post or otherwise make available on this Website and/or to H.Stern-NY and/or any affiliate.

5. Intellectual Property Rights

This Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are the sole and exclusive property of H.Stern-NY and/or its affiliates, its licensor, or other authorized providers of such material and are protected by applicable copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws.

You may freely browse this Website but are only permitted to access, download or use information from this Website, including but not limited to any texts, images, audio or video for your personal, non-commercial use. This should be done on the condition that all copyright, trademark and other proprietary notices are kept intact and appear on any reproductions in any media. No reproduction of any part of this Website may be sold, distributed, licensed or otherwise made available to any third party for commercial gain, criminal, tortuous or political purposes nor shall it under any circumstances be modified or incorporated into any other work, publication or website nor used to dilute, disparage or otherwise adversely affect the H. SternTM brand or any person or entity affiliated, employed, associated or under contract with H.Stern-NY or any affiliate.

The trademarks, logos, characters and service marks (collectively hereafter referred to as "Trademarks") used, from time to time on this Website, unless otherwise specified and the copyrighted materials (the “Copyrighted Materials”) are protected trademarks or trade names and copyrights of H.Stern-NY and/or its affiliates. Nothing contained on this Website should be construed as granting any license or right to use any Trademark or Copyrighted Materials used or displayed on this Website. Your use/misuse of the Trademarks Copyrighted Materials used or displayed on this Website or of any other content on this Website, except as provided for in these Terms of Use, is strictly prohibited and will be considered willful. You are also advised that H.Stern-NY and/or its affiliates reserves its right to enforce its intellectual property rights to the fullest extent of the law, including but not limited to referring matters to the appropriate governmental authorities, criminal prosecution and seeking statutory, punitive and other monetary compensation as well as attorney’s fees and other costs and expenses incurred in connection with the enforcement of their rights.

6. Links to Other Websites

This Website may contain links to websites provided by third parties. These links are provided for your convenience only and as an additional avenue of access to the information contained therein. We have not necessarily reviewed or approved the information on those other sites and will not be responsible or liable for the accuracy or completeness of the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. H.Stern-NY will not be responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

H.Stern-NY prohibits caching of any portion of this Website and any unauthorized links to this Website and unauthorized framing of it. H.Stern-NY reserves the right to disable any unauthorized links or frames.

7. Warranties

YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONSEQUENTLY, H.STERN-NY GIVES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) FOR ANY PRODUCT OR SERVICE DESCRIBED OR OTHERWISE REFERENCED TO ON THIS WEBSITE, AS A RESULT OF REFERENCING SUCH PRODUCT OR SERVICE ON THIS WEBSITE. SUCH DISCLAIMED WARRANTIES INCLUDE, BUT ARE NOT LIMITED TO, ANY REPRESENTATIONS THAT ANY CONTENT ON THIS WEBSITE IS COMPLETE, ACCURATE, RELIABLE, TIMELY AND NON-INFRINGING ON THIRD PARTIES RIGHTS; THAT ACCESS TO THIS WEBSITE IS UNINTERRUPTED OR ERROR-FREE; THAT THIS WEBSITE IS SECURE; OR THAT ANY ADVICE OR OPINION OBTAINED FROM H.STERN-NY OR ANY OF ITS AFFILIATES THROUGH THIS WEBSITE IS COMPLETE, ACCURATE OR RELIABLE. ANY SUCH REPRESENTATIONS OR WARRANTIES THERETO ARE EXPRESSLY DISCLAIMED AND MAY NOT BE RELIED UPON. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.

H.Stern-NY reserves the right to restrict or terminate your access to this Website, or any feature of this Website or part thereof, at any time without notice.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

8. Limitation on Liability

IN NO EVENT SHALL H.STERN-NY OR ANY OF ITS AFFILIATES OR ANY OTHER PARTIES INVOLVED IN THE CREATION, PRODUCTION, MAINTENANCE, PROMOTION, DESIGN OR DELIVERY OF THIS WEBSITE ON H.STERN-NY’S OR ANY OF ITS AFFILIATES’’S BEHALF, BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR LIABILITIES OR ANY COSTS OR EXPENSES INCURRED IN CONNECTION THEREWITH, OR DAMAGES, LOSSES OR INABILITIES THAT MAY BE INCURRED AS A RESULT OF YOUR USE AND/OR INABILITY TO USE THIS WEBSITE; ACCESS TO THIS WEBSITE; CHANGES IN THE CONTENTS OF THIS WEBSITE OR FROM ANY OTHER WEBSITE ACCESSED THROUGH A LINK FROM THIS WEBSITE; OR FROM ANY ACTION OR STATEMENT H.STERN-NY TAKES OR MAKES FAILS TO TAKE OR MAKE AS A RESULT OF ANY ELECTRONIC MAIL MESSAGE OR ANY POSTING SENT OR TRANSMITTED BY THE USER TO H.STERN-NY OR ANY OF ITS AFFILIATES, AND ANY OTHER PARTIES INVOLVED IN THE CREATION, PRODUCTION, MAINTENANCE, PROMOTION, DESIGN OR DELIVERY OF THIS WEBSITE. H.STERN-NY AND ITS AFFILIATES SHALL HAVE NO RESPONSIBILITY TO MAINTAIN THE MATERIAL AND SERVICES MADE AVAILABLE ON THIS WEBSITE OR TO SUPPLY ANY CORRECTIONS, UPDATES OR RELEASES IN CONNECTION HEREWITH.

FURTHERMORE, H.STERN-NY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSSES SUFFERED CAUSED BY VIRUSES OR OTHER DESTRUCTIVE CODE THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF, ACCESS TO, OR THE DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE. DOWNLOADING MATERIAL FROM THIS WEBSITE IS DONE AT YOUR OWN RISK.

9. Prohibited Activities & Statements

You may use this Website only for lawful purposes and in accordance with these Terms of Use. H.Stern-NY may, from time to time, monitor or review discussions, chats, postings, transmissions, bulletin boards, if any, and the like on this Website, H.Stern-NY and its affiliates are under no obligation to do so and assume no responsibility or liability for loss, damage, liabilities and costs and expenses incurred in connection therewith, or arising from any errors, omissions, defamations, slanders, dangers, falsehoods, obscenities, profanities, libels, pornography, privacy disclosures, inaccuracies or other aspects contained in any information disseminated through any such activities on or through this Website. Visitors are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, false, erroneous, dangerous, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any laws, rules and regulations or any code of conduct applicable to H.Stern-NY and/or any of its affiliates. H.Stern-NY intends to cooperate with any law enforcement authorities and to comply with any subpoenas, interrogations or other discovery requests, and/or court orders requesting or directing H.Stern-NY to disclose the identity of anyone transmitting or posting any such information or materials.

Visitors are further prohibited from performing any acts that could constitute a breach of privacy (including but not limited to uploading another individual’s private information without the concerned individual's consent) or violate the legal rights of other individuals; using this Website to defame or libel H.Stern-NY or any of its affiliates, its employees or other individuals or entities by acting in such a way that brings into disrepute the reputation, image or goodwill of H.Stern-NY and its affiliates and uploading files that contain viruses that may cause injury and/or damage to the property of H.Stern-NY and its affiliates or the property of other individuals or entities.

10. Termination

If you violate, or attempt to violate, or induce any third party to violate any of the provisions contained in these Terms of Use, the Company may immediately take corrective action. Such measures include preventing the user from using the services offered by H.Stern-NY and immediately removing without notice any information, data and content put on this Website by the user.

11. Indemnification

You agree to defend, indemnify and hold harmless H.Stern-NY, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorney’s fees) arising out of or relating to your violation of the Terms of Use resulting from any act or omission on your part or your behalf, including any use by you or on your behalf of this Website.

12. Changes to these Terms of Use

H.Stern-NY reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, without notice, by posting revised terms on this Website. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of this Website after any changes to the Terms of Use or other policies means you accept the changes.

13. Governing Law

Subject to the provisions of Article 13, all matters relating to this Website and the Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the laws of the State of New York without reference to its conflict of law principles.YOU WAIVE ANY RIGHT TO SEEK A JURY TRIAL.

14. Arbitration

If H.Stern-NY wishes to resolve any claim or dispute in connection with these Terms of Use by arbitration, the controversy or claim shall be settled by arbitration under the then current International Rules of the American Arbitration Associates to be held in New York, NY, or such other location as H.Stern-NY shall determine.

H.Stern-NY may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. H.Stern-NY also may, without waiving any remedy, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).

The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of its costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees.

The award of the arbitrators shall be accompanied by a reasoned opinion.

The judgment upon the arbitral award may be entered in and enforced by a court of competent jurisdiction.

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Notwithstanding the foregoing, H.Stern-NY shall not be precluded from securing equitable remedies in courts of any jurisdiction, including but not limited to, temporary restraining orders and preliminary injunctions to protect its rights and interests.

15. Comments, Concerns and Notices

All feedback, comments, requests for technical support and other communications relating to this Website should be directed to customer.service@hstern.com.br.

Any notices or other communications shall be in writing and shall be deemed given: (i) upon delivery, if by hand; (ii) if sent by express mail or air courier (for not later than second day delivery), after one (1) Business Day if sent between locations in the U.S., or after five (5) Business Days if sent between the continental United States of America and any other destination, or (iii) upon transmission, if sent by fax or e-mail (provided that a confirmation copy is sent in the manner provided in clause (ii) of this Article 15 on the date of such transmission), except that if notice is received by fax or e-mail after 5:00 p.m. on a business day at the place of the receipt, it shall be effective as of the following Business Day. For the purposes hereof, a Business Day shall mean any day which is not a Saturday, Sunday or legal holiday in the State of New York. All notices hereunder shall be given to the following address:

H.Stern-NY Jewelers, Inc., Olympic Tower, 645 Fifth Avenue, New York, NY 10022, attn.: President.

16. Miscellaneous

ALL REFERENCES TO “H.STERN-NY” SHALL BE ONLY REFERENCES TO H. STERN JEWELERS INC., A NEW YORK CORPORATION, AND NOT TO ANY OTHER ENTITY, WHETHER INCORPORATED OR OTHERWISE FORMED IN OR OUTSIDE OF THE U.S.

No waiver by H.Stern-NY of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term and condition, and any failure of H.Stern-NY to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any forbearance, delay or omission by H.Stern-NY in the exercise of any right, power or remedy shall not impair any such right, power or remedy or be considered or taken as a waiver or relinquishment of the right to insist upon and to enforce in the future, by injunction or other appropriate legal or equitable remedy, any of said rights, powers and remedies given to H.Stern-NY herein. The exercise of any right or partial exercise thereof by H.Stern-NY shall not preclude the further exercise thereof, and the same shall continue in full force and effect until specifically waived by an instrument in writing executed by H.Stern-NY.

Any provision hereof found to be illegal, invalid or unenforceable for any reason whatsoever shall not affect the validity, legality or enforceability of the remainder of the Terms of Use.

The headings in these Terms of Use are for reference only and shall not affect the interpretation of these Terms of Use.

None of the rights, powers and remedies conferred upon or reserved to H.Stern-NY in this Terms of Use is intended to be exclusive of any other available right, power or remedy, but each and every such right, power and remedy shall be cumulative and not alternative, and shall be in addition to every right, power and remedy herein specifically given or now or hereafter existing at law, in equity or by statute.

See Also > Privacy Policy