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Last updated September 13, 2017

These “Terms of Use” (“Terms”) explain the contractual relationship between you and Sidney Garber Jewelers, Inc. (“Sidney Garber” “us,” our” or “we”), regarding your use of, and access to, our website located at www.sidneygarber.com (“Website”) and the features and functionality thereof (the “Service”). These Terms, which include our Privacy Policy, govern your access to and use of the Website, Service and Sidney Garber Content (as defined below), and constitute a binding legal agreement between you and Sidney Garber. Capitalized terms not defined in these Terms have the meanings given in our Privacy Policy.

 YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE OR SERVICE, PURCHASING PRODUCTS FROM THE WEBSITE, AND/OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

  1. Service

The Website and Service enable persons (“Users”) to access, browse and purchase products on the Website.

  1. License
a. Grant.   Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Website on a computer, tablet device or mobile phone that you own or lawfully control.
b. Ownership.   All materials contained on, in, or available through the Website and Service, including without limitation, all information, data, text, sound, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, and other materials (collectively, "Sidney Garber Content"), are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, and all derivative works thereof associated with the Sidney Garber Content, whether registered or not, are our sole property or the property of certain third parties, if stated therein. The Sidney Garber Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Website or Service, any ownership rights in the Sidney Garber Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Website or Service, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern.  
c. Limitations.   You may not create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website or Service. You may not copy (except as expressly permitted by these Terms) or publish the Website for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Website or Service in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.
  1. Eligibility

You represent and warrant that: (i) you are at least eighteen (18) years old, (ii) you are accessing the Service from the U.S., (iii) you have the right, capacity and authority to be bound by these Terms, and (iv) you will abide by all these Terms. If you place an order through the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Sidney Garber products or purchase Sidney Garber products for commercial purposes or any other commercial benefit. If we believe, in our sole discretion, that an order would violate the terms of the preceding sentence or that a User is engaging in fraudulent or grey market activities, we may refuse or cancel such order.  

  1. Account

To place an order through the Website (which would make you a “Customer”), you may either (1) register and create an online account at www.sidneygarber.com (“Account”), or (2) place an order as a guest without creating an account. In order to create an Account, you are required to enter a unique user ID and password, as well as provide registration information, such as your name, phone number, street address, an active e-mail address and any additional information in accordance with the registration form prompts (“Account Data”). You agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your Account Data and any other information you provide to us, to keep it accurate, current and complete; and (c) be fully responsible and liable for all use of your Account. You may not transfer your Account to another person or share it with anyone. You are responsible for all activities that occur under your Account. We will not be responsible for any issues that may result if you fail to comply with these requirements. You agree to notify us immediately of any unauthorized use of your Account or any breach of security with respect to your Account. You consent to receiving communications from us via email in connection with your use of the Service. You may opt out of marketing or promotional messages by following the prompts in email messages; however, doing so may limit your awareness of new products, services, promotions and/or related updates from Sidney Garber.

  1. Product Availability; Quantity

All orders placed through the Website are subject to availability and acceptance by Sidney Garber. Sidney Garber reserves the right to change the products listed on the Website without prior notice and/or may limit from time to time the quantity of products that may be ordered by a Customer in a single buying session. The product pages of the Website can provide you with information regarding products that are currently available. If a product added to your shopping cart is backordered, you will receive notification of this during the checkout process, prior to the submission of payment. Sidney Garber may modify or discontinue any products on the Website. If Sidney Garber discontinues a product you have already ordered, Sidney Garber will give you a full refund for any product purchased but not yet shipped.

  1. Prices and Taxes

All prices shown on the Website are in U.S. Dollars. Sidney Garber reserves the right to modify prices at any time without prior notice. The price of a product displayed on the Website at the time Sidney Garber provides you with confirmation of your order will be honored.

Applicable taxes will be reflected on the payment page before you place your order, and will also appear on the email you receive after placing the order (“Order Confirmation,” discussed below). Sales taxes will vary based on the shipping location and current sales tax laws at the time an order is placed.

  1. Payment

Sidney Garber accepts payment via all major credit cards (Visa, MasterCard, Discover and American Express). Payment by wire transfer may be accepted on a case-by-case basis following consultation with our E-Concierge, who can be reached at 877-427-2377 (1-877-GARBER7) or e-concierge@sidneygarber.com. The hours of operation for our E-Concierge are Monday-Friday, 10:00AM - 6:00PM (Eastern Time).

When placing an order on the Website, you will need to enter your payment details on the appropriate webpage. All credit and debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Sidney Garber, you will need to contact your card issuer directly to resolve this problem. Sidney Garber will not be liable for any delay or non-delivery.

 

Full payment will be authorized and processed upon placement of an order, even if a product is backordered. After placing an order, you will be sent an Order Confirmation email. The Order Confirmation will include the product(s) you ordered, the order number, the price and your billing and shipping address. The Order Confirmation constitutes the acceptance of your order by Sidney Garber and indicates the existence of a binding sales contract. No cancellations will be accepted once an order is placed. If you would like to return or exchange an item, please see our Refund and Exchange policies below.

Sidney Garber is prohibited under U.S. law from making sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls Specially Designated Nationals List, or to countries sanctioned by the U.S. Any such transactions will be declined.

Sidney Garber takes reasonable measures - including administrative, technical, and physical measures - to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. All personal and payment information is processed on a Level I PCI compliant payment facility. All data passing between the Level I PCI compliant payment facilities will be encrypted with the latest security protocols mandated by the PCI counsel. Sidney Garber utilizes TLS 1.2 security protocols and above. Although we will do our best to protect your personal information, we cannot guarantee the security of the data you transmit to us. Any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information, please view our Privacy Policy.

  1. Shipping Policy

We only accept orders for delivery to addresses and P.O. boxes in the continental United States, Alaska, Hawaii and the District of Columbia. Please note that Sidney Garber does not ship to PO boxes, APO/FPO addresses or hotels. If an ordered product is in stock, shipment will occur within seven (7) business days from when the order is placed. If an ordered product is backordered, shipment will occur within eight (8) weeks from when the order is placed.

All orders will be shipped via Federal Express overnight delivery, signature required. Prior to shipping your order, Sidney Garber will send you a “Shipping Confirmation” email. The Shipping Confirmation will include a tracking number, which will enable the Customer to arrange to be present for delivery and signature, and a final invoice. Note that inclement weather is not factored into delivery time and may cause delays.

If you have specified a recipient who is not you for delivery purposes (for example, as a gift), you understand and accept that delivery at that address is evidence of delivery and fulfillment of the sale contract by Sidney Garber in the same way as if the goods had been delivered to you. 

Sidney Garber insures all shipments against theft and accidental damage while in transit. Once a package is delivered and signed for, Sidney Garber is no longer responsible therefor. 

  1. Refunds and Exchanges

Sidney Garber accepts returns and exchanges of products within ten (10) days of delivery. Gift recipients can only exchange gifts for products of an equal or higher value.  If you wish to return or exchange an item, please contact our E-Concierge at 1-877-427-2377 (1-877-GARBER7) or e-concierge@sidneygarber.com for a return authorization and shipping label. Sidney Garber provides complimentary shipping for all returns and exchanges. Returns or exchanges for online purchases cannot be made in our retail stores.

All products must be returned in original, saleable and “as new” condition, free of any sign of wear, use or damage (including scratches), and include any case, cleaning cloths, packaging and documentation originally provided. Products must be returned or exchanged in their original packaging. We reserve the right to refuse a return or exchange if the product sent back is in unsaleable condition, as solely determined by us. Refunds and exchanges will be issued only after the product has been received by Sidney Garber, and determined to be in saleable condition. In addition, refunds may only be issued to the Customer that placed the order, and to the original credit card used to pay for the product.

If an item is received in damaged condition, please contact our E-Concierge within 24 hours of delivery for assistance.

  1. User Submissions

The Service may enable you to submit and post content on the Website and/or may feature content you have posted on Sidney Garber social media pages or feeds, which may include personal information, messages and reviews (“User Submission(s)”). You acknowledge and agree that you are solely responsible for any User Submission that you transmit, send or display and we are not responsible to you or any third party for any User Submission that is transmitted or shared by you or any other User.  By uploading, publishing, modifying or displaying User Submissions, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Submission for any purpose in any media now known or hereafter developed 

You represent and warrant that: (i) you are either the sole and exclusive owner of all User Submissions that you make available or you have all rights, licenses, consents and releases that are necessary to grant to Sidney Garber the rights in such User Submissions, as contemplated under these Terms; and (ii) neither the User Submission nor your posting, uploading, publication, submission or transmittal of the User Submission or Sidney Garber’s use of the User Submission (or any portion thereof) on, through or by means of the Service will (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or (b) result in the violation of any applicable law or regulation, including but not limited to any applicable privacy and data security laws and regulations. You retain sole responsibility for your individual compliance with all applicable laws.

You understand and agree that we do not verify or vouch for any such User Submission and if we determine in our sole discretion that any User Submission is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the User Submission; (b) revoke the applicable User's right to use the Service; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provision of these Terms. In addition, notwithstanding anything to the contrary contained in these Terms, we may take-down or delete any User Submission for any or no reason without prior notice to you and without liability.

  1. Jurisdiction

The Website and Service are controlled and operated by Sidney Garber from the United States, and are not intended to subject Sidney Garber or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Sidney Garber does not represent or warrant that the Website or Service or any part thereof are appropriate or available for use in any jurisdiction other than the United States.

 

  1. Access

There is no charge to access and browse the Service. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Service, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Website may be upgraded from time to time to add support for new functions and services.

 

  1. Rules of Conduct

In connection with your use of the Service, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Service any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Service for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other Users; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Service; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Service, obtain or accumulate personal information about other Users, or collect or store personal data about other Users; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other Users; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Service in any manner that in our sole judgment, adversely affects the performance or function of the Service or interferes with the ability of other Users to access or utilize the Service; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Service only for purposes that are in strict compliance with (a) the Terms and the license granted hereunder, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.

 

  1. Suspension

We reserve the right to suspend or cease providing the Website and/or Service, with or without notice, and we shall have no liability or responsibility to you if we do so.

 

  1. Disclaimer of Warranties

THE WEBSITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE WEBSITE OR SERVICE; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE WEBSITE OR SERVICE; AND (iii) REGARDING THE PROVISION OF THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE OR SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE OR SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE AND SERVICE.

 

  1. Limitation of Liability

IN NO EVENT WILL SIDNEY GARBER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE OR SERVICE. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL SIDNEY GARBER’S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITE OR SERVICE EXCEED THE PRICE PAID BY YOU WITH REGARD TO THE PARTICULAR CLAIM, OR, IF YOU HAVE NOT PAID SIDNEY GARBER FOR ANY PRODUCT, THE AMOUNT OF $25.00 U.S. DOLLARS.

 

  1. Indemnification

By using the Service, you agree to defend, indemnify and hold us, our affiliates, partners, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the creation, placement or transmission of any message, information, software or other materials through the Service by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.

 

  1. Copyright Infringement

We respect the intellectual property rights of others, and require that people who use the Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please see our DMCA Policy.

 

  1. Governing Law

The Terms shall be governed by and construed under the laws of the State of New York applicable to agreements made and fully performed therein. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York, County of New York, for any action arising out of or relating to these Terms.

 

  1. Entire Agreement

These Terms, along with the Privacy Policy, constitute the entire agreement between you and us with respect to the use of the Website and Service, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

 

  1. Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

 

  1. Amendment to Terms

Sidney Garber may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms. Your continued access and use of the Service following such posting constitutes your consent to be bound by any amended Terms.

 

  1. General

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to e-concierge@sidneygarber.com or by writing to us at Sidney Garber, 118 East Delaware Place, Chicago, IL 60611.

 

If you have any questions regarding these Terms or the Website or Service, please contact us at

e-concierge@sidneygarber.com.

 

Copyright © 2017 Sidney Garber Inc. All rights reserved.

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