Last updated: November 20, 2017
Please read these Terms carefully before using the Site. By accessing or using the Site or any feature or function thereof, including without limitation any commercial function, you represent that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you are not authorized to continue accessing the Site.
We may revise these Terms from time to time in our sole discretion, subject to applicable law. When we revise these Terms, we will post a revised version on the Site. All changes are effective immediately when posted on the Site, and such changes apply to all access to and use of the Site thereafter. Accepting these Terms, as revised, is required for your continued use of the Site. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access and use of the Site. Except as otherwise expressly stated by us, your access or use of the Site is subject to the version of these Terms in effect at the time of your access or use.
Materials Displayed on the Site
We have created the Site in order to provide information about Steven Fox Jewelry and our product offerings, and the Site may include functionality that enables you to browse or search our inventory and place orders online for particular product offerings. While we will endeavor to provide accurate visual representations of our products on the Site, including with respect to color, design, and style, be aware that variations, distortions and/or differences may be apparent when comparing a visual representation on the Site with an original or actual product. Such differences may, for example, be due to technical issues, such as your browser or computer settings. Accordingly, we cannot be held liable for any differences in the product images represented on the Site and the original or actual products. We advise you to visit our store in person prior to making a purchase online or by phone.
Unless otherwise stated, you should assume that everything that you see or read on the Site (such as images; photographs, including any person represented in the photographs; illustrations; icons; video clips; music; and written material) (collectively, “Site Material”) is protected by U.S. copyright, design and trademark law and under international treaty provisions and national laws worldwide.
You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or prepare derivative works based on any Site Material in any way for any purpose, including without limitation for any public or commercial purpose. Any unauthorized use of Site Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Your Submissions and Unsolicited Communications
Any unsolicited communication or material that you transmit to us via the Site or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Steven Fox Jewelry. By sending communications to us, you automatically grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone for any purpose. Anything that you transmit may be used by us for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
Furthermore, you are advised that we cannot accept or agree to be the receiver of unsolicited proposals of collaboration.
Limitation of Liability
We strive to ensure that the information provided to you through the Site is accurate and complete. However, we do not warrant or represent that Site Material is accurate, error-free or reliable or that use of Site Material will not infringe the rights of third parties.
We do not warrant that the functional and/or technical aspects of the Site or the Site Material will be error-free or that the Site, Site Material or the servers or Site hosts that make them available are free of viruses or other harmful code or components, including without limitation malware and malicious code. If use of the Site or Site Material results in the need for servicing or replacing property, material, equipment, data or other element, we are not responsible for those costs. Without limiting the foregoing, everything on the Site and any purchases made through the Site are provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. We make no warranties about the Site Material, software, text, downloads, graphics, and links comprising the Site; about results to be obtained from using the Site; or about the compatibility of the Site with any particular browser, software, devices, systems or services.
To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, punitive, exemplary or consequential damages of any kind arising out of or in connection with the use of information available from the Site, nor shall we be liable for any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
Ownership and Proprietary Rights in the Site
The Site and all content associated therewith is owned and maintained by Stevenson Corp., dba Steven Fox Jewelry, including without limitation all Site Materials and all trademarks, service marks, copyrights, trade dress, patents, and other intellectual property. You acknowledge and agree that the Site Materials are protected by applicable copyright, trademark, and other intellectual property laws. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademark without the prior written permission of such trademark’s rightsholder. Your misuse of any trademark displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited. All names, logos, product and service names, designs and slogans displayed or expressed on the Site are the trademarks of their respective owners. Except as expressly set forth in these Terms, we do not grant you any licenses, express or implied, to our intellectual property. We retain all right, title, and interest in and to the Site Materials, including all intellectual property rights therein.
Restrictions on Use
Without limiting any of the other terms herein, you may not:
- Use the Site for any illegal purpose;
- Attempt to gain unauthorized access to the stored financial or personal data of any other user of the Site or customer of Steven Fox Jewelry;
- Modify or attempt to modify or in any way tamper with the Site;
- Use the Site in a way that may infringe upon the intellectual property or other rights of any third party, including without limitation any trademark, copyright, privacy, or publicity rights;
- Interfere with or disrupt networks connected to the Site or violate the regulations, policies or procedures of such network;
- Use any part of the Site for the purpose of exploiting, harming, or attempting to exploit or harm any user of the Site;
- Impersonate or attempt to impersonate Steven Fox Jewelry, an employee thereof, another user of the Site or any other person or entity (including without limitation by using e-mail addresses or contact information associated with any of the foregoing); or
- Engage in any other conduct that restricts, inhibits or adversely affects any other user’s use or enjoyment of the Site, or which, as determined by us in our sole discretion, may harm Steven Fox Jewelry or users of the Site or expose any of the foregoing to liability.
Payment Terms and Refunds
All purchases through the Site are refundable within 7 days from the date of merchandise received by contacting Steven Fox Jewelry at 203-629-3303. Return shipments must be made through the United States Postal Service and items must be in the same condition as received in original box and/or packaging including any certifications provided. You are responsible for the cost of return shipping of items and insurance at full purchase price. You hereby acknowledge and agree that you shall be solely responsible for and bear all expenses incurred in connection with any purchase arising out of your use of the Site and any transaction facilitated thereby.
The Site may contain links to other websites or platforms operated by third parties not affiliated with Steven Fox Jewelry. The inclusion of any link to such third-party sites does not imply endorsement of those sites and does not guarantee functionality or quality of any kind. We have not reviewed all of the content contained in any linked sites and are not responsible for the content or accuracy of any off-Site pages or any other sites linked to anywhere on the Site or within the Site Materials. If you choose to click through any link to access any off-Site pages or third-party sites, you accept all risk associated with such access. We will not authorize linking to the Site from any third-party site or platform.
Termination and Suspension of Site Access
You agree that we may terminate or suspend your access to and use of the Site, with or without notice to you, if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms or violated our rights in any other way. You agree that we may modify or discontinue providing access to the Site at any time, with or without notice to you. You agree that we will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of Liability," “Indemnification” and "General Provisions" will survive termination of these Terms.
You agree to indemnify, hold harmless, and (at our request) defend us and our employees, officers, directors and agents from and against all claims, demand, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses, including reasonable attorneys’ fees, that arise from a third party’s claim due to or arising out of: (a) your use of the Site; (b) your breach or alleged breach of these Terms; (c) your violation of applicable law, including without limitation infringement of third-party intellectual property rights; or (d) your other actions or omissions that result in any liability to us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of such claims.
Unless otherwise specified, the information and materials presented on the Site are presented solely for the purpose of promoting our products and services and in certain cases to present products for sale via a variety of means, including without limitation online sale. You are responsible for compliance with applicable local laws. The Site may, for any reason or no reason, identify products that may not be available for purchase by any particular means or at a particular time or on a particular date, as we determine in our sole discretion, including without limitation due to limited availability.
If any provision, or part of a provision, of these Terms is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms, and the legality, validity or enforceability of the remainder of the provisions of these Terms shall not be affected, unless otherwise required by operation of applicable law.
These Terms constitute the entire agreement between you and us in relation to the use of the Site, and they replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made between you and Steven Fox Jewelry, whether oral or written, in relation to such subject matter.
The implied or express waiver by Steven Fox Jewelry of your breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.
Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without reference to conflict of laws provisions.
If you have any questions or comments about these Terms, or matters generally, please contact us at the address provided below.
Stevenson Corp., DBA Steven Fox Jewelry, 8 Lewis Street, Greenwich, CT 06830
4829-9672-7382, v. 1