Terms of Use Agreement
This Terms of Use Agreement (the "Agreement") is a legal agreement between you and Meierotto's Jewelry, L.P., a Missouri limited partnership d/b/a Silverwarehouse ("Silverwarehouse"). This Agreement governs your use of this Web site (the “Site”). Be sure that you carefully read and fully understand this Agreement. Silverwarehouse is willing to provide you with access to the Site only on the condition that you accept all of the terms and conditions contained in this Agreement. Your use of the Site, including without limitation any of the products or services offered on the Site, will constitute your acceptance of, and agreement to be bound by, all the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE.
1. License
Silverwarehouse grants you a personal, revocable, non-transferable and non-exclusive license to access and display on your computer and not to download (other than page caching) the underlying code, text, audio clips, images, and other content that is made available to you on the Site, for non-commercial, personal purposes only provided that: you do not modify or create a derivative work of any such content; and you include with and display on each copy of such content the associated copyright notice of Silverwarehouse. No other use is permitted. All rights not expressly granted herein are reserved by Silverwarehouse.
2. Copyrights, Trademarks and Intellectual Property
The names, graphics, logos, icons, designs, words, titles and phrases on this Site constitute trademarks, trade names, trade dress and associated products and services of Silverwarehouse or its affiliates. Some logos and images are the trademarks of their respective owners. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected under United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of Silverwarehouse is strictly prohibited.
3. Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
4. Modifications and Supplements to Site
The disclaimers, terms and conditions in this Agreement are of general application and may be supplemented by additional disclaimers, guidelines, rules, terms or conditions of specific application on any particular page of this Site.
Silverwarehouse reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site from time to time. The information and materials contained on the Site are subject to change. Silverwarehouse may change or amend this Agreement from time to time and your continued use of the Site after such change or amendment will be subject in all respects to the Agreement in place at the time of such continued use.
5. Your Account Obligations; Accepted Payments
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Silverwarehouse does sell products for children. If you are under 18, you may use Silverwarehouse only with involvement of a parent or guardian. Silverwarehouse reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
For orders over certain dollars amounts determined in our sole discretion, we may require a check, money order or ACH credit for payment. In such cases, we reserve the right to wait for payment to clear before we ship merchandise to you. We do not accept credit card orders from, or being shipped to, addresses outside the United States.
6. Privacy
Our privacy policy governs your use of the Site. We comply with all applicable laws with regard to the collection of personal information on this Site. Please review of privacy policy to understand the information we collect from you and how we may use or disclose such information.
7. Member Account; Password and Security
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 Silverwarehouse of any unauthorized use of your password or account, or any other breach of security of which you are aware, and to ensure that you properly close out of your account at the end of each session.
8. Pricing Error and Inaccuracy Disclaimer
Information on our Site may contain errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors or inaccuracies and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors or inaccuracies may be related to product descriptions, product images, pricing and availability. In the event of a pricing or other error, Silverwarehouse will provide you with the following options: (1) to proceed with the transaction based on the corrected information or (2) to cancel your transaction.
In addition, many of the products we sell are commodity items subject to fluctuations in prices for precious metals. Therefore, we reserve the right to modify advertised prices to reflect changes in the price of silver, gold, platinum, or other commodities.
List price is based on Meierotto's regular pricing. Items in your shopping cart will reflect the most recent quantity and price displayed on the item's product detail page. Prices may be updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices and quantities on the product detail page and in your shopping cart may change after such updates to reflect the current prices. Placing items in your shopping cart does not reserve the current prices shown at that time. Discounts are limited-time offers and are not valid with other offers, promotions or coupons. In addition, you may not apply a coupon or a discount to an order that has already or previously been submitted. Despite our best efforts, some of the items in our catalog may be mispriced or may be out of stock. Silverwarehouse reserves the right to adjust pricing and to determine if sale pricing will apply. All orders are subject to acceptance by Silverwarehouse.
9. Disclaimer of Warranties and Limitation of Liability
THIS SITE AND PRODUCTS OFFERED ON THE SITE ARE PROVIDED BY SILVERWAREHOUSE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SILVERWAREHOUSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SILVERWAREHOUSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SILVERWAREHOUSE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SILVERWAREHOUSE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SILVERWAREHOUSE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. Applicable Law
This Agreement shall be governed by the laws of the State of Missouri, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in the county of Clay, State of Missouri.
11. Entire Agreement; Severability.
This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between you and Silverwarehouse with respect to this subject matter. No representations or statements of any kind made by any employee of Silverwarehouse, which are not included in this Agreement, shall be binding on Silverwarehouse or its affiliates.
If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
12. Links to Other Sites.
This Web site may provide users with access (whether by hypertext links, framing or otherwise as applicable) to certain other non-Silverwarehouse Web sites. Any such access is provided with the understanding that the contents of non-Silverwarehouse sites are beyond the control of Silverwarehouse, that Silverwarehouse makes no representations whatsoever about such sites, and that users shall proceed at their own risk.
