Thank you for visiting the Stein Mart website (the “Site”). This
page sets out the terms and conditions (“Terms and Conditions”)
which will govern your use of the Site and compliance with these
rules is a condition to your use of the Site. If you do not agree
to be bound by the Terms and Conditions, promptly exit this Site.
Attention Vendors: Additional terms and conditions apply to
vendors. Please visit our Vendor Services area with Corporate
Information for additional terms and conditions, including our
standard Purchase Order Terms and Conditions.
All pages within this Site and any material made available for
download are the property of Stein Mart. The Site is protected by
United States and international copyright and trademark laws. The
contents of the Site, including without limitation the text,
images, coupons, audio, and video, and any materials accessed
through or made available for use or download through this Site may
not be copied, distributed, modified, reproduced, published or
used, in whole or in part, without the prior written consent of
Stein Mart, except that you may download content from the Site to
any single computer for your personal use only, provided you keep
intact all copyright, trademark, and other proprietary notices and
comply with any applicable end user license agreements. No part of
any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
redistribution). You may not frame or utilize framing techniques to
enclose, or deep linking to, any name, trademarks, service marks,
logo, content, coupons or other proprietary information (including;
images, text, page layout, or form) of Stein Mart without our
express written consent.
Your use of this Site is also subject to our Privacy Policy, which
you should read before using this Site further.
Safeguarding your privacy is important to us. Before you submit
information through our Stein Mart-owned and operated website, we
want you to know how it will be used and how it is protected. By
using this site, you represent and agree that you have read this
Privacy Policy and consent to the use of your personal information
("Information") by Stein Mart and others in accordance with its
terms and for the purposes described below.
These published Terms and Conditions of Use govern any dispute that
may arise concerning our Privacy Policy or your use of our site,
including limitations on damages, arbitration of disputes, venue of
disputes in Florida and application of Florida law.
In our Privacy Policy, you will learn:
- what types of personal information may be collected at this
site
- how your personal information can be used
- who may have access to the information collected
- security procedures used to protect the information
collected
- how to contact us to correct or cancel any information
sent
Information such as your name and address is collected through
this Site and via emails you may send us. We maintain standard web
logs that record data about all visitors to this site. These logs
may contain (1)the internet domain name from which you access the
Site (eg. ail.com, abc.org); (2)your IP address; (3)the type of
browser and operating system you use; (4) the date and time you
visited this site; (5)the pages you saw on this site; and (6)the
address of the website you linked here from. Lastly we connect
information, including current session information via "cookies"
when you access our site.
We maintain physical, electronic, and procedural safeguards that
comply with applicable law to protect any non-public personal
information we collect.
Cookies are alphanumeric identifiers that we transfer to your
computer's hard drive through your web browser to enable our
systems to recognize your browser and to provide certain features
such as storage of items in your Shopping Cart between visits. The
Help portion of the toolbar on most browsers will tell you how to
prevent your browser from accepting new cookies, how to have the
browser notify you when you receive a new cookie, or how to disable
cookies altogether. However, cookies allow you to take full
advantage of the features on the site, and we recommend that you
leave them turned on.
We share information among our subsidiaries and
affiliates in accordance with our security standards and
confidentiality policies, and applicable laws. We may also disclose
your information to third parties that perform marketing services
on our behalf or to other companies with whom we have joint
marketing agreements.
We also may share information with non-affiliated
business partners and agents with whom we have agreements to help
perform functions on our behalf. Examples include filling orders,
delivering packages, sending postal mail and e-mail, removing
repetitive information from customer lists, analyzing data,
providing marketing assistance, providing search results and links
(including paid listings and links), processing credit card
payments, and providing customer service. These parties have access
to personal information needed to perform their functions, but may
not use it for other purposes.
As we continue to develop our business, we might sell or
buy stores, subsidiaries, or business units. In such transactions,
customer information generally is one of the transferred business
assets. In the event that Stein Mart or substantially all of its
assets are acquired, customer information, including information
you have provided to Stein Mart, will be one of the transferred
assets.
We release account and other personal information when
we believe release is appropriate to comply with the law; enforce
or apply our Terms and Conditions of Use and other agreements; or
protect the rights, property, or safety of Stein Mart, our users,
or others. This includes exchanging information with other
companies and organizations for fraud protection and credit risk
reduction. This does not include selling, renting, sharing, or
otherwise disclosing personally identifiable information from
customers for commercial purposes in violation of the commitment
set forth in this Privacy Policy.
Other than as set out above, you will receive notice
when information about you might go to third parties. You will be
given an opportunity to choose not to share the
information.
We work to protect the security of your information
during transmissions by using Secure Sockets Layer (SSL) software,
which encrypts information you input. We reveal only the last five
digits of your credit card numbers when confirming an order. Of
course, we transmit the entire credit card number to the
appropriate credit card company during order processing. It is
important for you to protect against unauthorized access to your
password and to your computer. Be sure to sign off when you have
finished using a shared computer. You can access certain
information we maintain about you by contacting us via email at
comments@steinmart.com.
Please be aware that other sites and third-party content
(for example, banner advertisements that you may access through our
Site may collect personally identifiable information about you. The
information practices of those third party sites linked to our Site
are not covered by this Privacy Policy. This Privacy Policy is not
intended to cover any information collection practices that take
place outside of our site, regardless of whether they are
controlled by us.
If at any time you wish to contact us to correct or
change any information that you have provided to us, if you have a
question or complaint, or to exercise any of the rights set out in
this Privacy Policy, including your opt-out rights, contact us by
email at comments@steinmart.com or use the contact
information below:
Stein Mart, Inc.
Attention: Privacy Officer
Address: 1200 Riverplace Boulevard, 5th Floor
Jacksonville, Fl 32207
Telephone: 904 346-1500
Our business changes constantly, and our Privacy Policy
and the Terms and Conditions of Use are also subject to change.
Please check our Web Site frequently to see recent changes. Unless
stated otherwise, our current Privacy Policy applies to all
information that we have about you and your account.
If you have any questions regarding this privacy policy, please
contact us via the contact information provided in Section 7
(Contact Us) of this Policy.
Although Stein Mart attempts to ensure the integrity and
accurateness of the Site, it makes no guarantees whatsoever as to
the correctness or accuracy of the Site. It is possible that the
Site could include typographical errors, inaccuracies or other
errors, and that unauthorized additions, deletions and alterations
could be made to the Site by third parties. In the event that an
inaccuracy arises, please inform Stein Mart so that it can be
corrected. Information contained on the Site may be changed or
updated without notice.
Customers are able to purchase Stein Mart Panache cards
and merchandise through this Site. If you use this Site for such
purposes, you are responsible for maintaining the confidentiality
of your user name 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. By placing credit card
orders through our web site, you authorize Stein Mart or the
current credit card Merchant Processor acting on behalf of Stein
Mart to charge the appropriate charges to your credit card, and to
use your credit card number for the purpose of completing the
order.
We may from time to time provide you with the ability
and prvilege to load video, photos and interact with other
customers on our Site or other websites or blogs accessed through
our site. By your use of that ability, you agree that any
information which you post or upload (called “User Data”) may, at
our election: (i) be reproduced, stored, displayed and
distributed by us or a third party retained by us, and (ii)
used by us or a third party retained by us for analysis, marketing
studies, generation of customer metrics, and business generation,
commercial and marketing purposes.
STEIN MART DOES NOT WARRANT THAT ACCESS TO OR USE OF THE
SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR
INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS
PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT,
AND TITLE/NONINFRINGEMENT. Stein Mart SPECIFICALLY DISCLAIMS ALL
LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR
MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE.
STEIN MART DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR
TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE,
SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. CERTAIN STATE
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.STEIN MART DOES NOT WARRANT THAT FILES AVAILABLE FOR
DOWNLOAD WILL BE FREE OF VIRUSES, WORMS TROJAN HORSES OR OTHER
DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING
PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND
SECURITY. YOU AGREE THAT Stein Mart SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND OF THE INTERNET.
STEIN MART AND ANY THIRD PARTIES MENTIONED ON THIS SITE
ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT
OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES,
CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY
HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES
IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. 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.
Stein Mart makes no representations whatsoever about any
other Web Site that you may access through this Site. When you
access a non-Stein Mart site, please understand that it is
independent from Stein Mart, and that Stein Mart has no control
over the content on that Web site. In addition, a hyperlink to a
non-Stein Mart Web Site does not mean that Stein Mart endorses or
accepts any responsibility for the content, or the use, of the
linked site. It is up to you to take precautions to ensure that
whatever you select for your use or download is free of such items
as viruses, worms, Trojan horses, and other items of a destructive
nature. If you decide to access any of the third party sites linked
to this Site, you do this entirely at your own
risk.
In accordance with the Digital Millennium Copyright Act
(17 U.S.C. § 512), Stein Mart is registered with the United States
Copyright Office as a Service Provider. Any notifications of
claimed copyright infringement must be sent to our Copyright
Agent:
Stein Mart, Inc.
1200 Riverplace Blvd
Jacksonville, FL 32207
Telephone: (904) 346-1500
Email: comments@steinmart.com
Any dispute relating in any way to your visit to this
Site or to products you purchase through this Site shall be
submitted to confidential arbitration in Jacksonville, Florida,
except that, to the extent you have in any manner violated or
threatened to violate Stein Mart’s intellectual property rights, we
may seek injunctive or other appropriate relief in any state or
federal court in the state of Florida, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this
agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether
through class arbitration proceedings or
otherwise.
Stein Mart reserves the right, in its sole discretion,
to terminate your access to all or part of this Site, with or
without cause, and with or without notice. In the event that any of
the Terms and Conditions are held by a court or other tribunal of
competent jurisdiction to be unenforceable, such provisions shall
be limited or eliminated to the minimum extent necessary so that
these Terms and Conditions shall otherwise remain in full force and
effect. These Terms and Conditions constitute the entire agreement
between Stein Mart and you pertaining to the subject matter hereof.
In its sole discretion, Stein Mart may from time-to-time revise
these Terms and Conditions by updating this posting. You should,
therefore, periodically visit this page to review the current Terms
and Conditions, so you are aware of any such revisions to which you
are bound. Certain provisions of these Terms and Conditions may be
superseded by expressly designated legal notices or terms located
on particular pages within this Site.
Last Updated: April 1, 2009
Copyright 2009, Stein Mart, Inc.