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TERMS
AND CONDITIONS
Thank you for
visiting the whitehousebrothers.com Web
site (the "Site"). Whitehouse
Brothers, Inc. is a recognized leader in
the fine jewelry market. The Site is designed
to provide a convenient and informative
experience for consumers to view our fine
jewelry. The whitehousebrothers.com site
offers a wealth of information designed
to help consumers make educated purchasing
decisions.
Whitehouse Brothers, Inc. and its subsidiaries
and affiliates ("we, us, our")
want each visitor to the Site ("you")
to have a safe, pleasurable visit, so we
have established the following terms and
conditions so that we (we and you) know
what to expect from each other. By using
the Site you agree to be bound by the terms
set forth herein. We may make changes to
the Site, these Terms of Use, or the policies
and conditions that govern the use of the
Site at any time. Your continued access
or use of the Site shall be deemed your
acceptance of these changes and the reasonableness
of these standards for notice of changes.
PRIVACY
Information We Collect
We recognize your right to confidentiality
and are committed to protecting your privacy.
We use the information that we collect on
our Web site to provide you with a superior
shopping experience and to communicate with
you about products, services, and promotions.
We may collect your name, e-mail address,
mailing address, as well as certain other
information. Using your account information,
we may send you communications that we believe
are relevant to you, including new product
information, newsletters and emails. If
you would like to review or revise the information
we have in your account, or prefer not to
receive optional emails or other communications
from us or our affiliates, you may request
to be removed from our contact list by emailing
us at contact@whitehousebrothers.com.
Information Automatically
Collected
We automatically receive and collect certain
types of information whenever you visit
the whitehousebrothers.com web site. For
example, like many Web sites, we use "cookies"
to obtain certain types of information when
your Web browser accesses our Web sites.
This information includes the Internet protocol
(IP) address of your computer, your browser
software and operating system, your web
server, the date and time you access our
site, session information (such as download
errors and page response times), information
about your viewing, search and purchase
history and information about the referring
URL and the URL clickstream to, through,
and from our Web sites. We use this information
to monitor the usage and performance of
our site, to enhance our customers' search
and shopping experiences and to determine
aggregate information about our user base
and usage patterns.
Other Information
You Provide
We collect additional information that you
choose to give us. For example, you provide
information to us when you complete information
requests or contest entry forms, communicate
with us by email, phone or otherwise, or
provide delivery addresses.
Sharing Your Information
with Third Parties
We protect all of your information against
unauthorized access or release. We do not
share your personal information without
your consent.
Cookies
To personalize and enhance your online experience
at whitehousebrothers.com, we use a feature
on your Internet browser called a cookie.
Cookies are small files that your Web browser
places on your computer's hard drive. We
use cookies to let us know that you are
a prior customer and to retrieve certain
information previously provided by you to
us, so that you do not need to re-enter
this information every time you view the
site. Cookies also let us know how you found
us (e.g., through a particular web site
or advertisement). If you choose to configure
your browser to remove or reject cookies,
you will not be able to take advantage of
many of our site features. For example,
Authorized Retailers will not be able to
view suggested retail pricing for our products.
Unsolicited E-mail
(SPAM)
Your privacy is very important to us. Be
assured that, in accordance with this privacy
policy, Whitehouse Brothers, Inc.. does
not sell or distribute our customer list
to third parties. You should be aware, however,
that unscrupulous marketers can sometimes
"harvest" your email address directly
from your computer or another person's address
book or even obtain your email address through
programs that automatically search web pages
and email traffic for email addresses. If
you receive an unsolicited email that you
believe is connected with whitehousebrothers.com
please forward the e-mail (as an enclosure)
to contact@whitehousebrothers.com
and we will investigate.
Linked Web Sites
The whitehousebrothers.com Web site may
contain links to and from other sites operated
and maintained by separate companies. We
have no responsibility for linked Web sites
(including the Web sites of our retailers
or resellers) and provide these links solely
for the convenience and information of our
visitors. The privacy policies of these
sites may differ from our policy, so you
should always review the privacy statement
of each linked Web site you visit.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails
to us, you are communicating with us electronically.
You consent to receive communications from
us electronically. We will communicate with
you by e-mail or by posting notices on this
site. You agree that all agreements, notices,
disclosures and other communications we
provide to you electronically satisfy any
legal requirement that such communications
be in writing.
TRADEMARKS
Whitehouse Brothers and whitehousebrothers.com
are our trademarks and service marks.
All other trademarks, product names, and
company names and logos appearing on the
Site are the property of their respective
owners.
SITE CONTENT
You acknowledge that the Site contains information,
data, software, photographs, graphics, videos,
text, images, typefaces, sounds, and other
material (collectively "Content")
that are protected by copyrights, trademarks,
or other proprietary rights, and that these
rights are valid and protected in all forms,
media and technologies existing now or hereinafter
developed. All Content is copyrighted as
a collective work under the U.S. copyright
laws, and we own a copyright in the selection,
coordination, arrangement, and enhancement
of such Content. You may not modify, remove,
delete, augment, add to, publish, transmit,
participate in the transfer or sale of,
create derivative works from, or in any
way exploit any of the Content, in whole
or in part. If no specific restrictions
are displayed, you may make copies of select
portions of the Content, provided that the
copies are made only for your personal,
information and non-commercial use and that
you do not alter or modify the Content in
any way, and maintain any notices contained
in the Content, such as all copyright notices,
trademark legends, or other proprietary
rights notices. Except as provided in the
preceding sentence or as permitted by the
fair use privilege under the U.S. copyright
laws (see e.g. 17 U.S.C. Section 107), you
may not upload, post, reproduce, or distribute
in any way Content protected by copyright,
or other proprietary right, without obtaining
permission of the owner of the copyright
or other proprietary right.
COLOR/PRODUCT
DESCRIPTION
We have made every effort to display as
accurately as possible the colors and details
of our products that appear at the Site.
However, as the actual colors and detail
you see will depend on your monitor, we
cannot guarantee that your monitor's display
of any color will be accurate. We have attempted
to be as accurate as possible. However,
we do not warrant that the product descriptions
are accurate, complete, reliable, current,
or error-free.
SWEEPSTAKES AND
CONTESTS
From time to time, we may offer and/or co-sponsor
contests, sweepstakes, and games on the
Site. Each of these activities shall be
governed by specific rules accessible from
the Site offering the promotion.
LIMITATION OF
LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER
PARTY INVOLVED IN CREATING, PRODUCING, OR
DISTRIBUTING THE SITE BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS,
GOOD WILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT
FROM (i) THE USE OF OR INABILITY TO USE
THE SITE, (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENETERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SITE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE. YOU HEREBY
ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY
TO ALL CONTENT, MERCHANDISE, AND SERVICES
AVAILABLE THROUGH THE SITE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES LIABILITY IS LIMITED
TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us, and
our subsidiaries, affiliates, officers,
directors, agents, co-branders or other
partners, and employees, harmless from any
claim or demand, including reasonable attorneys'
fees, made by any third party due to or
arising out of Content you submit, post
to or transmit through the Site, your use
of the Site, your connection to the Site,
your violation of the Terms of Use, or your
violation of any rights of another.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site,
you agree to: (a) provide true, accurate,
current and complete information about yourself
when prompted and (b) maintain and promptly
update your Retailer Contact Information
to keep it true, accurate, current and complete.
If you provide any information that is untrue,
inaccurate, not current or incomplete, or
we have reasonable grounds to suspect that
such information is untrue, inaccurate,
not current or incomplete, we may suspend
or terminate all services to your account.
Account Information and certain other information
about you is subject to our Privacy Policy.
Authorized Retailers will receive a password
and account designation upon request. You
are responsible for maintaining the confidentiality
of the password and account and are fully
responsible for all activities that occur
under your password or account. You agree
to immediately notify us of any unauthorized
use of your password or account or any other
breach of security.
YOUR CONDUCT
Any conduct by you that in our sole discretion
restricts or inhibits any other user from
using or enjoying the Site will not be permitted.
You agree to use the Site only for lawful
purposes. You are prohibited from posting
on or transmitting through the Site any
unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene,
sexually explicit, profane, hateful, fraudulent,
racially, ethnically, or otherwise objectionable
material of any kind, including but not
limited to any material that encourages
conduct that would constitute a criminal
offense, give rise to civil liability, or
otherwise violate any applicable local,
state, national, or international law.
You agree that your use of robots, spiders,
crawlers, wanderers, Web agents and other
such automated processes on the Site will
be Standard for Robot Exclusion (SRE) -compliant
robots ("robots").
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial
purposes, any portion of the Site, use of
the Site, or access to the Site.
You agree not to access the Site by any
means other than through the interface that
is provided by us for use in accessing the
Site.
OUR RIGHTS
We may elect to electronically monitor areas
of the Site and may disclose any Content,
records, or electronic communication of
any kind (i) to satisfy any law, regulation,
or government request; (ii) if such disclosure
is necessary or appropriate to operate the
Site; or (iii) to protect our rights or
property or the rights of the users, Sponsors,
Providers, Licensors, or Merchants.
We may terminate your access, or suspend
your access to all or part of the Site,
without notice, for any conduct that we,
in our sole discretion, believe is in violation
of any applicable law or is harmful to the
interests of another user, a third-party
Provider, Merchant, Sponsor, Licensor, service
provider, or us.
Because customer service is paramount to
our business, we reserve the right to refuse
to sell products to you if it reasonably
appears to us that you intend to resell
the products without permission. In addition,
we reserve the right to limit quantities
of items purchased by each customer.
LINKS TO THIRD
PARTY SITES
Occasionally, we may make available a link
to a third party's web site. These links
will let you leave the Site. The linked
sites are not under our control and we are
not responsible for the contents of any
linked site or any link contained in a linked
site, or any changes or updates to such
sites. We are not responsible for webcasting
or any other form of transmission received
from any linked site. We provide the links
to you only as a convenience. We do not
endorse the site or its use or contents.
SUBMISSIONS
We are pleased to hear from our customers
and welcome your comments regarding our
products and the Site. You may post reviews
of products or services, comments, suggestions,
or other material ("Submissions")
so long as the content of your Submission
is not unlawful, threatening, abusive, spiteful,
defamatory, invasive of privacy, obscene,
profane, sexually explicit, fraudulent or
otherwise objectionable or injurious to
third parties (including, but not limited
to, any content that encourages conduct
that would constitute a criminal offense,
give rise to civil liability, or otherwise
violate applicable law). You may not use
a false e-mail address, impersonate any
person or entity, or otherwise mislead as
to the origin of your Submission.
By posting or sending us any Submission,
you grant whitehousebrothers.com, inc. and
its subsidiaries a non-exclusive, royalty-free,
perpetual, irrevocable and fully sublicensable
right to use, reproduce, modify, adapt,
publish, translate, create derivative works
from, distribute, and display such Submission
throughout the world in any media. You also
grant whitehousebrothers.com, inc. and its
subsidiaries the right to use the name you
submit in connection with such Submission.
By posting or sending us a Submission, you
represent and warrant that you own or otherwise
control all of the rights to the content
in your Submission, that the content you
provide is accurate, and that use of the
content in your Submission does not violate
this policy and will not cause injury to
any person or entity. You agree to indemnify
whitehousebrothers.com, inc. and its subsidiaries
against all claims and liabilities resulting
from your Submission. whitehousebrothers.com,
inc. does not take any responsibility and
assumes no liability for any Submission
posted by you or any other person or entity.
APPLICABLE LAW
We control the Site from our offices within
the United States of America. We make no
representation that the Content in the Site
is appropriate or available for use in other
locations, and access to them from territories
where their content is illegal is prohibited.
Those who choose to access the Site from
other locations do so on their own initiative
and are responsible for compliance with
applicable local laws. You may not use or
export the Content in violation of U.S.
export laws and regulations. Any claim relating
to the Site, the services provided through
the Site or the Content shall be governed
by the internal laws of the state of Ohio,
without reference to its choice of law provisions.
You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in Hamilton
County, Ohio, U.S.A.
TERMINATION
These terms are effective until terminated
by either party. If you no longer agree
to be bound by the Terms of Use, you must
cease your use of the Site. Subject to applicable
law, we reserve the right to suspend or
deny, in our sole discretion, your access
to all or any portion of the Site with or
without notice. You agree that any termination
of your access to the Site may be effected
without prior notice, and acknowledge and
agree that we may immediately deactivate
or delete your account and all related information
and files in your account and bar any further
access to such files or the Site. Further,
you agree that we shall not be liable to
you or any third-party for any termination
of your access to the Site.
GENERAL INFORMATION
These Terms of Use constitute the entire
agreement between us (you and us) and govern
the use of the Site. You also may be subject
to additional terms and conditions that
may apply when you use affiliate services,
third-party content or third-party software.
Our failure to exercise or enforce any right
or provision of the Terms of Use shall not
constitute a waiver of such right or provision.
If any provision of the Terms of Use is
found by a court of competent jurisdiction
to be invalid, the parties nevertheless
agree that the court should endeavor to
give effect to the parties' intentions as
reflected in the provision, and the other
provisions of the Terms of Use remain in
full force and effect. You agree that regardless
of any statute or law to the contrary, any
claim or cause of action arising out of
or related to use of the Site or the Terms
of Use must be filed within one year after
such claim or cause of action arose or be
forever barred.
The section titles in the Terms of Use are
for convenience only and have no legal or
contractual effect.
INQUIRIES
By mail:
Whitehouse Brothers, Inc.
4393 Creek Road
Cincinnati, Ohio 45241
By phone:
(800) 543-1070
By email:
contact@whitehousebrothers.com
COPYRIGHT NOTICE
Copyright © 2009 Whitehouse Brothers,
Inc. All rights reserved. Any rights not
expressly granted herein are reserved.
This was last updated on August 13th, 2009.
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