Terms & Conditions

Last updated: January 17, 2017

By using the Internet site located at smithgoldsmith.com (the “Site”) or the services provided by or through this Site (“Service”), You (also referred to as the “User”) agree to abide by these terms and conditions (“Conditions”) provided herein by Smith Goldsmith LLC (sometimes referred to herein as the “Company”). The Company reserves the right to modify these Conditions, and will post a notice of such modifications on the Site. It is the User’s responsibility to review these Conditions and any modifications thereof. If at any time You find that these Conditions are unacceptable, please leave the Site and discontinue use of the Service. If You have questions or concerns, please contact us for more information at support@smithgoldsmith.com.

COPYRIGHT

All content of the Site (including text, graphics, logos, button icons, images, and software) is the property of the Company and/or its suppliers. You may electronically copy and print hard copies of pages from the Site solely for personal, non-commercial purposes related to placing an order or shopping with Smithgoldsmith.com. Any other use of the Site, including reproduction, is strictly prohibited.

TRADEMARKS

The trademarks, logos, service marks and trade names of Smith Goldsmith LLC and its affiliates may not be used without the Company’s prior written permission.

ERRORS AND INACCURACIES

The Company does not represent or warrant that the information on the Site is accurate, complete, or current. This includes, but is not limited to, pricing and availability information. The Company reserves the right to correct any errors or omissions, and to change or update information at any time without prior notice.

DISCLAIMER OF LIABILITY

As part of the Service provided by the Site, the Company sells jewelry (“Product”). All Product is shipped fully insured to the customer with signature required. Upon delivery of the Product to the customer, the customer assumes all risk of ownership. Upon delivery of the Product to the customer, the Company shall not be liable or responsible for any damage, including but not limited to wear and tear, breaks, design defects, staining, stones that become unattached from their setting for any reason, inadequate settings, structural inadequacies and defects, fragility, metallurgical and gemological flaws that result in degradation or breakage of the Product, the loss or theft of the Product or any part thereof suffered by the customer, or personal injury to the customer. For information on returns and exchanges, shipping, and guarantees please select the appropriate heading under Customer Service as located on this Site.

PRICING & PRODUCT INFORMATION

Every attempt is made to ensure that Product pricing, images and information (referred to herein as “Content”) as displayed on this Site is accurate and the most current. Nevertheless, we reserve the right to correct any mistakes in Content, including but not limited to Product pricing, and to cancel or decline any order. In addition, every effort is made to ensure that Product images accurately depict the characteristics of each Product, including but not limited to its colors and size. However, image resolution and coloring varies from screen to screen, and therefore the Company does not warrant or guarantee the accuracy of the Product image.

NO WARRANTIES

NOTWITHSTANDING ANY OTHER PROVISION IN THESE CONDITIONS, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE COMPANY‘S SITE, SERVICE, CONTENT AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. YOU, THE USER, AND ANY AND ALL OTHER PERSONS ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF THE SITE, SERVICE, CONTENT AND PURCHASE OF ANY PRODUCT TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICE, CONTENT AND PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE, SERVICE, CONTENT OR PRODUCT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, FREE OF DEFECTS OR AS DEPICTED OR DESCRIBED.

LIMITED LIABILITY

THE COMPANY’S LIABILITY TO YOU IS LIMITED TO RETURN OR REPLACEMENT OF THE PRODUCT PURCHASED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICE AND PURCHASE OF PRODUCT. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

APPLICABLE LAW

By visiting the Site, the User agrees that the laws of the United States and the State of Idaho will govern these Terms of Use and any dispute of any sort that might arise, without regard to principles of conflict of law shall be venued and resolved in a state court of the State of Idaho.

INDEMNIFICATION

The User agrees to indemnify, protect, defend and hold harmless the Company from any and all damages, including but not limited to special, incidental and consequential damages arising from the User’s use of, or in connection with the Site, Service, Content or User’s purchase of any Product.

LINKS TO OTHER SITES

The Site may contain links to web sites operated by third parties. Smith Goldsmith LLC does not endorse or assume any responsibility for these web sites. The Company has no control over, or responsibility for, the content, information or activities of any third party web site.

USERNAME & PASSWORD

Users shall be responsible for maintaining the confidentiality of his or her username and password. Users may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, user name, or password. The Company is not liable for any loss that User incurs as a result of someone else using User’s username, account or password, either with or without User’s knowledge. User may be held liable for any losses incurred by the Company, its affiliates, and agents due to someone else’s use of User’s account, username or password.

NO CONFIDENTIALITY

Except for information necessary to place an order, any comments or other submissions sent to us will be deemed non-confidential, and shall be the property of Smith Goldsmith LLC, including worldwide rights in all intellectual properties.

ACKNOWLEDGEMENT

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.

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