PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEB SITE. YOUR USE OF THE WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE WEB SITE.
1. Products, Content and Specifications:To the fullest extent permissible by applicable law, all features, content, specifications, products and prices of products and services described or depicted on the web site, Stein Mart.com ("Web Site"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Web Site at a particular time does not imply or warrant that these products or services will be available at any time.
2. Shipping Limitations:When an order is placed and accepted by us, it will be shipped to the address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Web Site. Click here for a link to those restrictions. All purchases from the Web Site are made pursuant to a shipment contract. As a result, to the fullest extent permissible by applicable law, risk of loss and title for items purchased from the Web Site pass to you upon delivery of the items to the carrier and you agree to be responsible for filing any claims with carriers for damaged and/or lost shipments.
3. Accuracy of Information:We attempt to ensure that information on the Web Site is complete, accurate and current. Despite our efforts, information on the Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. When you place an order, it is an offer to purchase the applicable merchandise. While it is our practice to confirm orders by email, the receipt of an email order confirmation is merely an acknowledgement of receipt of an offer to purchase and does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, to the fullest extent permissible by applicable law and without prior notice, to refuse to accept any order, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
4. Use of the Web Site, Trademarks, etc.:The design of the Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions, with prior written permission of the owner of such material, or pursuant to applicable law. The software and other technology components of the Web Site are copyright of Stein Mart, Inc. or its affiliates and suppliers. The contents of the Web Site are copyright of Stein Mart, Inc. or its' respective affiliates, subsidiaries and suppliers. Other trademarks, trade names and service marks used or displayed on the Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners and affiliates. Nothing contained on the Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Web Site without the written permission of Stein Mart or such other owner. All rights are reserved. Except where permitted by applicable law, you may not modify the information or materials displayed on or that can be downloaded from the Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. In addition, it is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
5. Linking to the Web Site:Creating or maintaining any link from another web site to any page on the Web Site without our prior written permission is prohibited. Running or displaying the Web Site or any information or material displayed on the Web Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to the Web Site must comply with all applicable laws, rule and regulations.
6. Third Party Links:From time to time, the Web Site may contain links to web sites that are not owned, operated or controlled by Stein Mart or its respective affiliates and subsidiaries. All such links are provided solely as a convenience to you. If you use these links, you will leave the Web Site. To the fullest extent permitted by applicable law, neither we nor any of our respective affiliates or subsidiaries (i) are responsible for any content, materials or other information located on or accessible from any other web site; or (ii) endorse, guarantee, or make any representations or warranties regarding any other Web Site, or any content, materials or other information located or accessible from any other Web Site, or the results that you may obtain from using any other Web Site. If you decide to access any other Web Site linked to or from the Web Site, you do so entirely at your own risk.
7. Inappropriate Material:You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any lawful action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
9. DISCLAIMERS:YOUR USE OF THE WEB SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER STEIN MART, NOR ANY OF ITS RESPECTIVE AFFILIATES OR SUBSIDIARIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE; AND NEITHER STEIN MART, NOR ANY OF ITS RESPECTIVE AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR INFORMATION ON APPLICABILITY.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, STEIN MART HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL LIABILITY FOR CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR INFORMATION ON APPLICABILITY.
10. LIMITATIONS OF LIABILITY:Stein Mart assumes no responsibility for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Web Site, or your downloading of any information or materials from the Web Site.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER STEIN MART, NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITE, SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE (EXCEPT IN NEW JERSEY WITH RESPECT TO THE AVAILABLILITY OF TREBLE DAMAGES UNDER THE NEW JERSEY CONSUMER FRAUD ACT), INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEB SITE, ANY WEB SITE LINKED TO THE WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR INFORMATION ON APPLICABILITY.
IN THE EVENT OF ANY PROBLEM WITH THE WEB SITE OR ANY CONTENT, YOU AGREE TO IMMEDIATELY CEASE USING THE WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEB SITE, YOU AGREE, EXCEPT WHERE OTHERWISE PERMITTED BY APPLICABLE LAW, TO PURSUE REMEDIES FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEB SITE. Click here for a link to our returns and refunds policy.
11. Revisions to these Terms and Conditions:To the fullest extent permitted by applicable law, these Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of the Web Site.
12. Choice of Law; Jurisdiction:These Terms and Conditions supersede any other agreement between you and Stein Mart to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the state of Florida, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Web Site will be brought only in the courts of the state of Florida or the United States District Courts sitting in Jacksonville, Florida. By using the Web Site, you consent to the jurisdiction of such courts. You hereby stipulate that a printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. Termination:To the fullest extent permitted by applicable law, you or we may suspend or terminate your account or your use of the Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice.
14. Additional Assistance:If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by e-mail at email@example.com or by phone at 888-STEINMART.