These Terms of Use (the “Terms”) form a binding legal agreement (the “Agreement”) between you (“You”, “Your”, “Yours”) and GUZEMA FINE JEWELRY (the “Company,” “We”, “Us”, “Our”), concerning Your access to and use of Our website guzema.com (the “Site”) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Sites”). 

Acceptance of the Terms

By using the Site, You accept and agree to be bound and abide by the Terms and our Privacy Policy (the “Privacy Policy”), included and incorporated herein by reference. If You do not agree to the Term or Our Privacy Policy, You may not access or use the Site. Certain areas within the Site may be governed by additional terms (the “Additional Terms”), incorporated herein by reference. By using those areas of the Site, You agree to comply with and be bound by the Additional Terms.

Persons who are under 18 years old may not use the site in any manner. We may require you to provide a valid proof of your age at any time before and while you are using the site.

At Our sole discretion, We may revise, update, modify, add the Terms or portions of the Terms, remove the Terms or portions of the Terms or discontinue these Terms, in whole or in part, at any time, by posting revised Terms on the Site. We will notify You of such changes by posting the modified version of the Terms on Our Site and indicating the date it was last modified. We encourage You to visit Our Site periodically to view the latest version of the Terms. All changes are effective immediately and apply to all access to and use of the Site thereafter. Your continued use of the Site after the revised Terms are posted on the Site means that You accept and agree to the modified Terms. We reserve the right, at our sole discretion, to change, modify, add the Terms or portions of the Terms or remove portions of the Terms, at any time. You are responsible for checking the Terms for changes. Your continued use of the Site following the posting of changes shall mean that You accept and agree to the changes. Persons who are under 18 years old may not use the Site in any manner. We may require You to provide a valid proof of Your age at any time before and while You are using the Site.

We reserve the right, at Our sole discretion, at any time and without any prior notice, to change, modify, add to the Site, including features available on or through the Site. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented after You first access the Site are subject to the Terms.

We reserve the right, at Our sole discretion, and without any prior notice, to terminate Your access to the Site, or exercise any other remedy available, if We believe that You violated any of the Terms.

Third Parties, Third-Party Sites and Affiliates

Certain content, features and functionality on the Site may be provided by third parties (collectively, “Third Party Providers”). Your use of and interaction with such content, features and functionality (collectively, the “Third Party Content”) may be subject to separate terms and conditions. In such event, You acknowledge that these Terms will not apply to Your use of the Third Party Content and that You will be subject to and comply with the terms of use offered by such Third Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.

The Site may contain links to other sites and resources provided by Third Party Providers, which are provided for Your convenience only. This includes links contained in advertisements, such as banner advertisements and sponsored links. We have no control over any content of those sites and/or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of those sites or resources. If You decide to access any of the third party websites linked to this Site, You do so entirely at Your own risk and Your such use is subject to the privacy policies and terms and of use that govern such websites.

Your Use of the Site

If You choose, or are provided with, a username, password, or any other information as part of Our secure account registration, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge and agree that Your account is personal to You and that You are responsible for all activity that occurs through Your account. If any unauthorized access to or use of Your username or password or any other breach of security occurs, You must notify Us immediately. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by You or provided by Us, block access to Our Site, or refuse service to You at any time at Our sole discretion for any or no reason, including if, in Our opinion, You have violated any provision of these Terms.

Eligibility

Users under 18 years of age (or the age of legal majority where you live) may not use our Services. If you are a parent or guardian and you believe that your child under the age of 18 is using our Services without your consent, please contact us at customercare@davidyurman.com.

Use and Sharing. You may only use our Services for personal, family or household purposes, which expressly excludes any commercial use. You may not share our Services.

Trademarks, Copyrights and Patents

All trademarks, logos, and service marks displayed on the Site, are registered and unregistered trademarks of the Company, its affiliates, licensors, content providers or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. You may not use such marks without the prior written permission of the Company, or the owner of the marks. We reserve all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof (collectively, the “Site Content”), is owned by the Company and its licensors, and protected by the United States  and international copyright laws. All products displayed on our Site are protected by copyright and/or patents owned by the Company and its licensors.

Please note that Our GUZEMA FINE JEWELRY trademark is registered with the United States Patent and Trademark office and is fully protected by all applicable United States laws and regulations. You hereby acknowledge and agree that this trademark is and shall always remain Our exclusive property, that all right, title and interest in and to this trademark is exclusively held by Us, and all goodwill associated with this trademark inures solely to Us. 

If You believe that any copyright, trademark or patent rights have been infringed in connection with the Site, please contact Us using this Contact Us form.

Limited License

The Company grants You a limited license to access and make personal use of the Site and the Site Content for Your personal, noncommercial use and only to the extent that such use does not violate these Terms. Any downloading or copying of the Site Content herein is permitted for such personal, noncommercial use only, provided You do not modify or alter the Site Content in any way. No right, title, or interest in any Site Content is transferred to You upon copying or downloading, and content may not be transferred, reproduced, retransmitted or otherwise distributed or displayed, in whole or part.

You may not use any trademarks, logos, service marks, or content on this Site for commercial use without obtaining prior written authorization from Us. If You wish to make any use of material on the Site other than as expressly permitted in this section, please send Your request by using this Contact Us form. 

Limited License

You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulations (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• To transmit, or procure the sending of, any advertising or promotional material, without Our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
• To engage in any other conduct that restricts or inhibits anyone’s use of the Site, or which, as determined by Us, may harm the Company or users of the Site or expose them to liability.
• To make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing the Site Content, or otherwise scrape, collect, store, or use any content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms.

Additionally, You agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any unauthorized purpose without the Company’s prior written consent.
• Use any meta tags or any other hidden text utilizing Company’s name or marks.
• Use a buying agent to conduct transactions on the Site.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the operation of the Site.

Information We Collect

All information We collect on this Site is subject to Our Privacy Policy. By using the Site, You consent to all actions taken by Us with respect to Your information as set forth in Our Privacy Policy.

Online Purchases

If You wish to purchase any goods or services made available through the Site (each such purchase – a “Transaction”), You may be asked to supply certain information relevant to Your Transaction including, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, You grant to the Company the right to provide such information to third parties for purposes of facilitating the completion of any Transaction initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not guarantee that these products or services will be available. It is Your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, You represent that the products ordered will be used only in a lawful manner. The Company reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any goods or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar You from making or completing any or all Transaction(s); and/or (iv) refuse to provide You with any product or service. You agree to pay all charges that may be incurred by You or on Your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, You remain responsible for any taxes that may be applicable to Your Transactions.

The Company or Our agents may call or text You regarding Your account or Your transactions, as set forth in Our Privacy Policy and applicable Additional Terms. You agree that We may place such calls or texts using an automatic dialing/announcing device, and that We may make such calls or texts to a mobile telephone or other similar device. You agree that We may, for training purposes or to evaluate the quality of Our service, listen to and record phone conversations You have with us.

Product Images

We have attempted to accurately depict the colors and details of the products offered on this Site. However, because the color and product details You see are dependent on Your computer monitor, We cannot guarantee that the color and details that You see will be accurate. The products also may appear larger or smaller than their actual size depending on Your monitor. Some photographs have been enlarged to show details.

Pricing, Availability, and Accuracy

The Company’s acknowledgement of an order means that Your order request has been received; it does not mean that Your order has been accepted or shipped, or that the price or availability of an item has been confirmed. The Company makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information on the Site and in Our advertising through other media. As a result, We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. The Company reserves the right to change and/or update information and to correct errors, inaccuracies, or omissions at any time without any prior notice. We apologize for any inconvenience.

Returns and Exchanges

If You are not fully satisfied with Your purchase, You may return it in accordance with Our Returns and Exchanges Policy. 

Disclaimer of Warranties

You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Site 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. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE(S) LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

State by State Variations

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to You.

Indemnification

You agree to indemnify, defend and hold harmless the Company, 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 reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms or Your use of the Site, including, but not limited to any use of the Site Content, services and products other than as expressly authorized in these Terms or Your use of any information obtained from the Site.

Information, News and Press Releases

The Site may contain information, news and/or press releases about the Company and its affiliates. While We strive to ensure that information contained on Our Site is current, accurate and reliable as of the date it was prepared, We disclaim any duty or obligation to update this information, news or press releases. Information about companies other than Us contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by the Company or its affiliates.

Governing Law

You agree that the laws of the State of New York (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of New York, and that You submit to the exclusive jurisdiction of the federal and state courts in the State of New York in connection with the Site and/or this Agreement. Unless otherwise explicitly stated, the Terms will survive termination of Your registration with the Site.

Entire Agreement

The Terms of Use, Our Privacy Policy, Our Return and Exchange Policy, Our Warranty Policy and all Additional Terms, constitute the entire Agreement between You and the Company with respect to the Site and supersede all prior and contemporaneous negotiations, agreements, proposals and understandings both written and oral, with respect to the Site.

Contact Information

You can contact Us using this Contact Us form.