Terms & Conditions
Last Updated: December 22, 2025
NOTICE OF ARBITRATION PROVISIONS:
YOUR USE OF THE SERVICES IS SUBJECT TO BINDING BILATERAL ARBITRATION OF ANY DISPUTES WHICH MAY ARISE, INCLUDING THE MASS ARBITRATION SUPPLEMENTARY RULES (AS APPLICABLE), AS PROVIDEDΒ BELOW IN SECTION 18Β AND IN THESE TERMS OF USE. PLEASE READ THE ARBITRATION PROVISIONS CAREFULLY AND DO NOT USE THE SERVICES IF YOU ARE UNWILLING TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US AS PROVIDED BELOW.
These terms of use (βTerms of Useβ) apply to your access to, and use of, the services of Stienhardt & Stones (βStienhardt,β βusβ, βourβ or βweβ), including without limitation by visiting the Website available at https://stienhardt.com (the βWebsiteβ), purchasing products from us, or engaging in any other activity that links to these Terms of Use (collectively, the βServicesβ). These Terms of Use do not alter any other written agreement you may have with us that expressly governs its subject matter. If you are using the Services on behalf of an entity, you represent that you are authorized to accept these Terms of Use on its behalf.
1. ACCEPTANCE; SCOPE; CHANGES
By using the Services, you agree that you have read, understand, and fully agree to be legally bound by these Terms of Use, including our Privacy Policy (collectively, the βTermsβ). If you do not agree to the Terms, do not use the Services.Β
We may change these Terms on a prospective basis and modify, add, or discontinue any aspect of the Services at our discretion. Your continued use or access of the Services following the posting of any changes to these Terms of Use constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms of Use would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms of Use being deemed illusory or unenforceable. For material changes, we will provide notice via the Services and/or email where required. Material changes will take effect prospectively. If you do not wish to agree to the updated Terms of Use, you must stop using the Services before the effective date.Β
These Terms and any policies posted on the Website constitute the entire agreement regarding the Services and supersede all prior communications.
2. PRIVACY POLICY
Your use of the Services is governed by our Privacy Policy, which is incorporated by reference. By using the Services, you agree to our collection and use of information as described in the Privacy Policy. If you do not agree to our Terms, do not use the Services. For any conflicts between these Terms of Use and the Privacy Policy regarding dispute resolution, Section 18 of these Terms of Use shall govern.
3. ELIGIBILITY; CHILDRENβS PRIVACY
The Services are offered to users 18 years of age or older. By using the Services, you represent that you are at least the age of majority in your jurisdiction. If you do not meet this requirement, do not use the Services. We do not knowingly collect personal information from children under 13. If we learn that we have, we will delete it. If you believe we have collected information from a child under 13, contact us at general@stienhardt.com with βMinor Data Collected Notificationβ in the subject line.
Pursuant to 47 U.S.C. Section 230(d) as amended, Stienhardt hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the Electronic Frontier Foundation website located atΒ http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see ourΒ Privacy Policy.
4. USER CONDUCT
You are responsible for your use of the Services, and for any consequences thereof. You may not violate or attempt to violate the security of the Services, including: (a) accessing data or accounts you are not authorized to access; (b) probing, scanning, or testing the vulnerability of a system or network or breaching security or authentication measures; or (c) accessing or using the Services without authorization, in violation of these Terms, or in violation of law.Β
You agree not to, and will not assist, encourage, or enable others to: (i) violate these Terms of Use or our licensorsβ rights or use the Services and/or Content (as defined below) to violate the rights of any third party, such as copyright or trademark rights, or in any way that harms our business, our service providers, licensors, representatives, or any other user, or breaches any policy or notice on the Services; (ii) copy, modify, adapt, translate, reproduce, distribute, display, or provide access to any portion of the Services and/or Content; (iii) create derivative works from, adaptations of, decompile, disassemble, reverse engineer or otherwise exploit, in whole or in part, except as expressly authorized by the applicable rights holder, any portion of the Services and/or Content; (iv) remove any copyright, trademark, or other proprietary notices; (v) harvest or collect user information without consent or send unsolicited communications; (vi) use the Services unlawfully or in a manner that could damage, disable, overburden, or impair them; (vii) upload or distribute malware or harmful code; (viii) attempt to gain unauthorized access to any part of the Services, accounts, systems, or networks; (ix) use automated means to scrape or extract data without our prior written permission; (x) impersonate any person or entity, misrepresent your age, or misrepresent your affiliation with any person or entity (including us); (xi) solicit passwords or personal data for commercial or unlawful purposes; (xii) intimidate or harass another; or (xiii) violate any applicable law.
5. USER CONTENT
Certain portions of the Services may allow users to submit, upload, post, share, or otherwise transmit content (βUser Contentβ). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to host, store, use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and publicly display such User Content in connection with operating, improving, and promoting the Services and as otherwise described in these Terms. This license continues for as long as your User Content is protected by intellectual property rights, unless required to end earlier by law or you delete your User Content from the Services, subject to reasonable backup, archival, or legal retention. You represent that you have all rights necessary to grant the foregoing license. To the extent permitted by law, you waive any moral rights in your User Content.
You agree not to submit User Content that is unlawful, obscene, threatening, harassing, fraudulent, defamatory, pornographic or harmful; infringes rights of others; contains malware; constitutes unauthorized advertising or spam; denigrates or threatens individuals or groups; impersonates others; falsely implies sponsorship; or otherwise violates these Terms or applicable law. We reserve the right, but do not assume the obligation, to monitor, remove, or refuse to display User Content in our discretion. You are solely responsible for your User Content. User Content is not confidential, and once published, may not be fully removable. Feedback you provide (e.g., comments, ideas, or suggestions) is voluntary, non-confidential, and we may use it without restriction or compensation.
6. INTELLECTUAL PROPERTY; LIMITED LICENSE
Except as otherwise indicated, we own all right, title, and interest in and to the Services and the content made available through the Services, including Website design, logo, images, graphics, text, computer-aided designs (βCADsβ), and data compilations, which are protected by intellectual property laws. Any unauthorized use is prohibited.Β
Permission is granted to individual consumers to electronically copy and print portions of the Services solely for personal use. Any other use, including reproduction for purposes other than personal use, modification, distribution, republication, data extraction, data mining, or other commercial exploitation, without our prior written consent, is prohibited.Β
Our trademark and service marks may not be used without authorization, in a manner likely to cause confusion, or in a manner that disparages or discredits us.
7. COPYRIGHT NOTICES
We respect the intellectual property of others, and we ask our users to do the same. We may host User Content, including text and media, subject to these Terms. If you believe material on or through the Services infringes your copyright, please send a notice to general@stienhardt.com that includes: (a) a description of the copyrighted work; (b) the location of the allegedly infringing material on the Services (e.g., a URL and specific excerpt); (c) a statement that you have a good-faith belief that use is not authorized; and (d) your name and return email address. We may remove or disable access to material in our discretion without admitting that it is infringing.
Please note, this process is provided for copyright concerns only and does not constitute designation of an agent under the Digital Millennium Copyright Act (DMCA). If we designate a DMCA agent, we will publish that agentβs contact information in these Terms or on the Website.
8. ORDERS; PRICING; SHIPPING; INTERNATIONAL
Order Acceptance & Billing. Your order is only accepted when we confirm by email. We may refuse, cancel, or limit any order, including those that appear to be placed by resellers or distributors. You agree to provide current and accurate billing and account details. Fraudulent chargebacks or disputes may result in account limitations and recovery of related costs as permitted by law. Payment plans offered through third parties are subject to those providersβ terms; disputes regarding third-party financing are governed by your agreement with that provider.Β
Pricing & Modifications. Prices are subject to change at any time. We may discontinue products or modify the Services without notice and are not liable for modifications, price changes, or discontinuations. We do not guarantee resale value, appraisal results, or future market value of any jewelry. All sales are based on the purchase price agreed at the time of order.Β
Shipping & Delivery; Risk of Loss. All orders are shipped fully insured until marked as βdeliveredβ by the courier. High-value shipments may require signature and government-issued photo ID verification by the courier, at delivery. Our liability ends once the package is delivered as indicated by the courier. You are responsible for securing packages after delivery and for accurate shipping details. We strongly recommend customers obtain independent jewelry insurance after delivery, as we are not responsible for loss, theft, or damage occurring once the package has been delivered.
International Orders.Β
International customers are responsible for customs duties, VAT, import taxes, and local fees. We are not liable for delays due to customs or government holds. If a customer is unavailable for delivery or refuses to pay duties/taxes resulting in return, disposal, or non-delivery, we are not responsible for replacement, refund, or reshipment.
9. PRODUCTION TIMELINES; CUSTOM ORDERS; RETURNS
Timelines. Estimated production and delivery timelines are not guaranteed. Delays may occur in manufacturing, quality control, certification, shipping, or customs. We are not liable for missed personal deadlines or occasions.
Custom & Made-to-Order. CADs, renderings, custom concepts, and designs remain our intellectual property. Deposits for CAD work are non-refundable. Custom or made-to-order pieces are final sale once ordered and cannot be cancelled or refunded. After CAD approval, any design changes (including switching settings, stones, or materials) require a new order. Approved CADs govern the final design. Ring sizing is based on customer input; post-production resizing may incur fees and risks. Purchases made with the intent to return substantially all items are not permitted. You may not reproduce, share, or use designs with third parties without written consent.
Returns & Refunds. Custom and made-to-order items, including engraved items, are not eligible for return. We are not responsible for typographical errors provided by customers. Eligible non-custom jewelry may be returned within 30 days of shipment in original, unworn condition with all certificates and packaging. Follow the return instructions we provide; risk of loss remains with you until we receive the item per those instructions. Items that are undeliverable or disposed of due to non-payment of duties/taxes or failed delivery attempts are not eligible for refund or replacement.
10. CUSTOMER-PROVIDED MATERIALS; WARRANTY; REPAIRS
Customer-Provided Stones or Materials. At times, customers may request that we set or incorporate customer-provided stones or materials. Customers acknowledge the inherent risks of providing their own materials and assume full responsibility for such risks. We are not responsible for loss, damage, breakage, or alteration to customer-provided stones or materials during handling, setting, repair, or resizing.
Warranty Exclusions for Customer-Provided Diamonds. Settings created using a customer-provided center diamond do not qualify for our setting warranty and are sold βas isβ with respect to the setting. These pieces are not eligible for complimentary inspections, resizing, or side-stone replacement. We do not assume liability for long-term durability, wear, or maintenance of such settings.
Resizing & Repairs. Resizing, repairs, and modifications may carry inherent risk of stress to the setting or stone. By requesting such services, customers accept the risk of potential damage or changes to the integrity of the piece. We take reasonable precautions but are not liable for damage arising from these processes. Normal wear and tear (including prong loosening, rhodium fading, and minor scratches) is not a defect. Complimentary resizing is available only for eligible engagement rings that meet the limits outlined on our Resizing Policy page. Rings that fall outside of those limits, or are structurally unsuited for resizing, are not eligible for complimentary service. Rings ineligible for resizing may not be eligible for return if within the return period due to design or structural limitations.
Materials & Allergies. Our jewelry is crafted using fine metals and alloys that may contain elements such as nickel. Customers are responsible for confirming material suitability; we are not liable for allergic reactions or sensitivities.
Certification & Grading Laboratories. Diamonds may be certified by different independent laboratories (including IGI, GIA, or in-house certifications). We do not guarantee grading consistency across laboratories, as certification reflects the grading labβs independent opinion at the time of issuance. Customers acknowledge that grading standards may vary slightly between laboratories. We cannot guarantee exact color, appearance, or sparkle as images may vary depending on screen resolution, lighting, or photography conditions.Β
11. PROMOTIONS
Promotions apply only during the stated promotional window and only to new purchases placed during that period. Orders placed before or after a promotion are not eligible for price adjustments, partial refunds, retroactive discounts, or re-pricing. Unless stated otherwise, custom and made-to-order pieces are excluded.Β
Eligibility and Minimum Spend. Some promotional codes require a minimum spend before taxes, shipping, and fees. If the requirement is not met, the code will not apply.Β
Application. Promotional codes must be entered at checkout before submitting the order. Codes cannot be added or applied after submission. Any post-order accommodation is at our sole discretion.
Non-Stackable. Promotional codes cannot be combined with other discounts, offers, or promotions. During automatic sales event, manual codes may be disabled.Β
Conditional, Cart-Based Promotions. For tiered or cart-based promotions, if a customer returns an item from a promotional order and the remaining spend value falls below the required minimum, the value of the applied promotion will be deducted from the refund.
Exclusions. Codes may be excluded on certain products or upgrades. We may void or cancel code usage in cases of suspected abuse or fraud and may modify or discontinue promotional structures without notice. We are not responsible for expired or invalid codes.
12. THIRD-PARTY WEBSITES, SERVICES, & TOOLS
The Services may include links to third-party websites or services and may make third-party tools available. We make no warranties regarding such websites, services, or tools and are not responsible for any loss or damage arising from their use. Your use is at your own risk and is governed by the terms and policies applicable to those third-party offerings. Inclusion of a link or tool does not imply endorsement.
13. DISCLAIMERS
While we use reasonable efforts to include up-to-date information on the Services, we make no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
PRODUCTS AND SERVICES ARE PROVIDED ON AN βAS ISβ AND βAS AVAILABLEβ BASIS. STIENHARDT AND OUR AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE βSTIENHARDT PARTIESβ) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE IS AT YOUR SOLE RISK.
14. EXCLUSION OF DAMAGES
NONE OF THE STIENHARDT PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF STIENHARDT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE STIENHARDT PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, STIENHARDT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THESE TERMS OF USE OR (2) CONTENT POSTED TO THE SERVICES BY YOU OR ANY THIRD PARTY.
15. LIMITATION OF LIABILITY
IN NO EVENT WILL THE STIENHARDT PARTIESβ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE AND SERVICES OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO STIENHARDT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS LIMITS LIABILITY FOR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR WHERE SUCH LIMITATION IS PROHIBITED BY LAW.Β
To the fullest extent permitted by law, we expressly disclaim liability for emotional distress, anxiety, or psychological damage; claims related to missed deadlines, delayed delivery, or personal events; or claims based on subjective dissatisfaction or unmet expectations. By purchasing from us, you assume the risk of potential delays and agree that your exclusive remedy is limited to repair, replacement, or refund (if applicable) as outlined in these Terms of Use. Some jurisdictions do not allow certain limitations; in those jurisdictions, limitations apply to the maximum extent permitted.
16. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Stienhardt Parties from and against any damages, losses, costs or expenses (including without limitation, legal fees) arising out of or related to your use of the Services, your User Content, or your violation of these Terms. We may, at our option, assume the defense of any matter subject to indemnification, in which case you will cooperate with us. You will not settle any claim without our prior written consent.
17. FORCE MAJEURE
We are not liable for delays or failures caused by events beyond our reasonable control, including, but not limited to, strikes, supply chain disruptions, tariffs, natural disasters, government restrictions, or courier delays.
18. BINDING ARBITRATION OF ALL DISPUTES
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services; (ii) any purchases or other transactions or relationships with STIENHARDT; (iii) any data or information you may provide to STIENHARDT or that STIENHARDT may gather in connection with such use, interaction or transaction; or (iv) any other unresolved claim or controversy (collectively, βSTIENHARDT Transactions or Relationshipsβ), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other STIENHARDT Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of STIENHARDTβs parent company(ies) and/or owners regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, disagreement, claim, or controversy you may have against STIENHARDT, and any claim that STIENHARDT may have against you, arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy or any STIENHARDT Transactions or Relationships shall be resolved exclusively by final and binding arbitration (βArbitrationβ) administered by JAMS or its successor (βJAMSβ) and conducted in accordance with the JAMS Arbitration Rules & Procedures in effect and applicable to the amount in controversy at that time (the βApplicable Rulesβ). The most recent version(s) of the JAMS Arbitration Rules & Procedures rules are available at www.jamsadr.com and are hereby incorporated by reference. You hereby consent to the Mass Arbitration Procedures and Guidelines where applicable, and, where applicable, the Mass Arbitration Procedures and Guidelines shall be included in the defined term βApplicable Rules.β You either acknowledge and agree that you have read and understand the Applicable Rules or waive your opportunity to read the Applicable Rules and waive any claim that the Applicable Rules are unfair or should not apply for any reason.
To promote efficient handling of arbitration claims, if seventy-five (75) or more substantially similar claims are filed against STIENHARDT within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, JAMS will promptly take steps to administer the claims in batches of twenty-five (25) (plus a final batch consisting of any remaining claims). Each batch will be considered a single consolidated arbitration with one appointed arbitrator, one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a βsubstantially similar nature" if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, JAMS will appoint an arbitrator to decide that issue, whose fees will be paid equally between you and STIENHARDT, and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section.
You further agree that:
-
the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and STIENHARDT (the βArbitratorβ);
-
the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms of Use and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms of Use is void or voidable;Β
-
Arbitration proceedings will be held in New York County, NY or if your claim does not exceed $10,000 then the arbitration will be conducted solely on the basis of the documents you and STIENHARDT submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary;
-
the Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
-
the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitratorβs complete determination of the dispute and the factual findings and legal conclusions relevant to it (an βAwardβ). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
-
if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein;Β
-
STIENHARDT may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after STIENHARDT has given notice of such modifications and only on a prospective basis for claims arising from STIENHARDT Transactions and Relationships occurring after the effective date of such notification; and
-
nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.Β
19. TERMINATION
We may suspend or terminate your access to the Service, remove User Content, and disable or terminate your account, in our discretion, including for violations of these Terms or unlawful conduct. Upon termination, your rights under these Terms will cease immediately, and you must stop using the services.
20. GENERAL
These Terms of Use and the relationship between you and Stienhardt shall be governed by the laws of the United States and the State of New York without regard to its conflict of law provisions. Subject to the arbitration provisions in Section 19, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in New York County, NY and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. Licensors of our Services are third party beneficiaries to these Terms of Use. No failure or delay by us in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Services, or these Terms of Use, ourΒ Privacy Policy, or other Stienhardt Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred, except where a longer limitations period is required by applicable law. The paragraph or section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered, or waived except in writing by the party to be charged. These Terms of Use are binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You shall not assign your rights or obligations hereunder without our prior written consent.
21. GOVERNING LAW
These Terms, and your access to and use of the Website and Services, as well as any dispute, claim, or controversy arising out of or relating to them, will be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law rules or principles (whether of New York or any other jurisdiction) that would result in the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or that cannot be heard in small claims court will be resolved exclusively in the state or federal courts located in New York County, NY and the parties consent to the personal jurisdiction and venue of those courts.
22. CONTACT US
If you have any comments, feedback, or questions, including the resolution of a complaint regarding the Services, or if you are seeking further information regarding the Services, Stienhardt can be contacted at:
STIENHARDT & STONES
36 W 44th St, Suite 1018
New York, NY 10036
Email: general@stienhardt.comΒ
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or (800) 952-5210.