Stew’s Gifts Terms of Use:

August 2016

 

Users:

You must be 18+ years of age to use, register for an account, transmit/submit/post any content, material or personally identifiable information, or place an order on this Website. By submitting information through the Website you represent that you meet these age restrictions. Stew Leonard’s Gifts provides you with access to and use of the Website subject to your compliance with these Terms. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically allowed in these Terms.

 

Terms of Use May Change:

Stew Leonard’s d/b/a Stew Leonard’s Gifts has included the effective date of our Terms above. We reserve the right to update or modify these Terms of Use at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use the Website. These Terms supersede all previous notices or statements regarding the Website. Stew Leonard’s Gifts reserves the right to terminate or discontinue any aspect of the Website in our sole discretion and without any notice including, but not limited to, information or other materials, features and/or hours of availability and we will not be liable to you or to any third party for doing so.

 

Website Content:

All of the content you see on this Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Stew Leonard’s or by third parties who have licensed their materials to Stew Leonard’s Gifts. The entire content of the Website is copyrighted as a collective work under U.S. copyright laws, and Stew Leonard’s Gifts owns a copyright in the selection, coordination, arrangement, and enhancement of the content. The content of the Website, and the Website as a whole, are intended solely for personal, noncommercial use by the users of the Website. You may only download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

 

We grant you a personal, non-exclusive, non-transferable license to access the Website and to use the information and services contained here. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Stew Leonard’s Gifts reserves complete title and full intellectual property rights in any content you download from the Website. No joint venture, partnership, employment or agency relationship exists between Stew Leonard’s Gifts and you as a result of these Terms or your use of the Website.

 

All content that you post on this Website or otherwise disclosed, offered or submitted to Stew Leonard’s Gifts or any of our brands shall be and remain Stew Leonard’s Gifts property which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any content shall constitute an assignment to Stew Leonard’s Gifts of all worldwide rights, titles and interests in all copyrights and other intellectual property in the content. Stew Leonard’s Gifts is and shall be under no obligation to maintain any content you post, offer, disclose or submit to Stew Leonard’s Gifts confidence or to pay to user any compensation for any such content.

 

Except as otherwise provided herein, use of the Website does not grant you a license to any content, features or materials you may access on the Website and you may not copy, download, reproduce, modify, rent, lease, loan, sell, publish, transmit, transfer, distribute or create derivative works of such content, features or materials, in whole or in part unless you first obtain written permission from Stew Leonard’s Gifts. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by Stew Leonard’s Gifts. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Website.

 

Standard Return Policy

We have a rule here at Stew Leonard’s: The customer is always right. So if you are not completely satisfied with your order, we will work with you to make it right and will happily replace your order free of charge or offer a refund.  Please note that we cannot be responsible for delivery address errors that cause delayed arrival/spoilage or incorrect handling/storage of the product after delivery.  If a gift is returned to us marked as “undeliverable” we cannot offer a refund. Please note, UPS charges $15.00 for any item that was returned due to an invalid or incomplete address.  Unfortunately, unlike items that have a longer shelf life, our gifts are perishable and unable to be resold if they are sent back to us. When this situation occurs, we will offer you a discount on a replacement order.  For any items which requires UPS to correct the address, there will be a $15.00 UPS Address Correction fee. This includes adding a suite or apartment number or correcting a zip code.

Return Policy for Cancelled Orders

Sorry, an order cannot be cancelled once it has been shipped to the gift recipient.

Return Policy for Damaged Products

If a gift arrives damaged or with items missing, please notify us within 15 days. We would be happy to send a replacement as soon as possible.

Contact:
For any issues, please contact Customer Service so we may assist you:
Email: giftcenter@stewleonards.com
Tel: 1-800-729-7839

 

Suggestions:

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Stew Leonard’s Gifts on or by the Website or otherwise disclosed, submitted or offered to Stew Leonard’s Gifts (collectively, “Comments”) shall be and remain Stew Leonard’s Gifts’ property which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to Stew Leonard’s Gifts of all worldwide rights, titles and interests in all copyrights and other intellectual property in the Comments. Stew Leonard’s Gifts is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments.

 

You agree that no Comments submitted by you to Stew Leonard’s Gifts will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.

 

Messages and Reviews:

You may not use unlawful, obscene, profane, threatening, etc., language or content in any message sent to a third-party through the use of any of the various Stew Leonard’s Gifts messaging services available to customers (“Message”), including, without limitation, gift messages, reviews, and messages sent when forwarding product information. The transmission of any content that could violate, or could facilitate the violation of, any applicable law or regulation;

The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or The impersonation of any person or entity in any part of any Message.

We may, but are not obligated to, restrict or remove any and all content from a Message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other customers, or any third party.

 

Privacy:

Your information is subject to Stew Leonard’s Privacy Policy. For more information, see our full Privacy Policy.  You agree to the use of your information in accordance with our Privacy Policy.

 

Inaccuracy Disclaimer:

 

From time to time there may be information on the Website, in an email to you or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Stew Leonard’s Gifts reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order and your order may be cancelled based upon the corrected information).

 

Password Security

If you register for an account with the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur using your account or password.

 

Links:

The Website may provide, or third parties may provide, links to other websites or resources. Because Stew Leonard’s Gifts has no control over such sites and resources, Stew Leonard’s Gifts is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Stew Leonard’s Gifts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Stew Leonard’s Gifts reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any linked site. Permission must be granted by Stew Leonard’s Gifts for any type of link to the Website. To request our permission, you may write to Stew Leonard’s Gifts at the address below. We reserve the right to deny any request or rescind any permission granted by us to link through any type of link and to require termination of any link to the Website at our discretion at any time.

 

Product Information:

Some of the products displayed on the Website or in our catalog are available in select Stew Leonard’s stores. The prices displayed on the Website or in our catalog are quoted in U.S. Dollars and are valid and effective only in the U.S. Prices may vary at stores.

 

We have done our best to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

 

Disclaimer of Warranty:

This website is provided by Stew Leonard’s Gifts on an “as-is” and “as available” basis. Stew Leonard’s Gifts makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk. To the fullest extent permissible by applicable law, Stew Leonard’s Gifts disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Stew Leonard’s Gifts does not warrant that this website, it’s servers or email sent from Stew Leonard’s Gifts are free of viruses or other harmful components.

 

Limitation of Liability:

Neither Stew Leonard’s Gifts, it’s Corporate Parent(s), or affiliates, nor any of its and their respective officers, directors, employees, agents, successors, or assigns will be liable for any damages of any kind arising from the use of this website, including but not limited to, direct, indirect, incidental, punitive, and consequential damages, loss of data, income, or profit, loss of or damage to property, and claims of third parties. 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. 

 

Indemnification:

You agree to defend, indemnify, and hold Stew Leonard’s Gifts and its corporate parent(s) and affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website, your violation of these Terms or your posting or transmission of any materials on or through the Website.

 

User Conduct:

You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content. You agree not to use the Website in any manner that might interfere with the rights of third parties.

 

Specific Prohibited Uses:

You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of your posting on or through the Website. Stew Leonard’s Gifts specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following:

  • Posting any information which is incomplete, false, inaccurate or not your own;
  • Impersonating another person;
  • Engaging in or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
  • Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
  • Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
  • Posting material that infringes on any other intellectual property, privacy or publicity right of another;
  • Transmitting or transferring (by any means) information or software derived from the Website to foreign countries or certain foreign nations in violation of US export control laws;
  • Attempting to interfere in any way with the Website's or Stew Leonard’s Gifts’ networks or network security, or attempting to use the Website's service to gain unauthorized access to any other computer system.

Security:

Violations of system or network security may result in civil or criminal liability. Stew Leonard’s Gifts will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:

 

Accessing data not intended for such user or logging into a server or account which user is not authorized to access;

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

 

International Use – Consent to Processing:

Stew Leonard’s Gifts controls and operates the Website from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

If you access the Website from locations outside the United States, you agree that any information you provide to/or though the Website may be processed in the United States.

Please note, we do not ship outside the United States at this time.

 

Termination of Usage:

Stew Leonard’s Gifts may terminate your access, or suspend your access to all or part of the Website, without notice, in Stew Leonard’s Gifts sole discretion. Such termination or suspension of access may occur, without limitation, for any conduct that Stew Leonard’s Gifts, in its sole discretion, believes is a violation of these Terms of Use, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, Stew Leonard’s Gifts, or its corporate parent(s) or affiliates.

 

Applicable Law:

These Terms of Use shall be governed in all respects by the laws of the State of Connecticut, excluding its rules governing conflict of laws. You agree that any claim or dispute you may have against Stew Leonard’s Gifts must be resolved by a court located in Fairfield County, Connecticut. You agree to submit to the personal jurisdiction of the courts located within Fairfield County, Connecticut for the purpose of litigating all claims or disputes.

 

Legal Notice for New Jersey Residents:

Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. Consequently, and for the avoidance of doubt, no provision in these Terms shall apply to any consumer in New Jersey if the provision violates any such clearly established legal right or responsibility, including, but not limited to, grounds for redress under or in the event of: (i) seller’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) seller’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). In addition, under the TCCWNA, no consumer contract may state that any of its provisions is or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. With respect to these Terms, in the section on Limitations of Liability, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.

 

Waiver:

The failure of Stew Leonard’s Gifts to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

 

Severed Provisions:

If any provision of these Terms of Use is unenforceable, that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

 

Contact Us:

To contact Stew Leonard’s Gifts with any questions or concerns in connection with these Terms or the Website, or to provide notice to Stew Leonard’s Gifts, you can, call, email fax, or write to us at the following:

100 Westport Ave

Norwalk, CT 06851

 

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