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.
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
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.
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.
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
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.
13. Governing Law
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 firstname.lastname@example.org.
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.
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.