Last Updated: November 1, 2023
These terms contain a binding, individual arbitration requirement and class-action waiver, which means you and David Yurman agree to resolve most disputes in binding, individual arbitration and not by means of a class arbitration, a class action, any other kind of representative proceeding, or a jury trial (see section 18). You may opt out of the arbitration requirement within 30 days of accepting these terms; instructions for opting out are in section 18 below. If you do not agree to these terms, do not use any services provided by David Yurman.
We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict. The following are Supplemental Terms:
Users under 18 years of age (or the age of legal majority where you live) may not use our Services. If you are a parent or guardian and you believe that your child under the age of 18 is using our Services without your consent, please contact us at firstname.lastname@example.org.
Use and Sharing. You may only use our Services for personal, family or household purposes, which expressly excludes any commercial use. You may not share our Services.
Availability and Pricing
The Services may make available listings, descriptions, and images of Products, as well as references and links to Products and coupons or discounts for Products (“Listings”). Such Listings may be made available by David Yurman and may be made available for any purpose, including general information purposes.
We attempt to ensure that any such Listings are complete, accurate, and current, but despite our efforts, the Listings may occasionally be inaccurate, incomplete, or out of date. All Listings and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. are subject to availability. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such Listings (including any features, specifications, and prices contained therein). Certain weights, measures, and similar descriptions are approximate and are for convenience only. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. We make reasonable efforts to accurately display the attributes of Products, including the applicable color;however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
In the event that an item you are interested in purchasing is not listed on the Site or is listed as “Contact Us” on the Site, it may not be available for ordering from our online inventory, but may be available elsewhere in our retail stores. Please contact our customer care team at 1-888-398-7626 or email us at email@example.com. If the item is not available in retail stores, it is not currently available for ordering. Please check back at a later time as our inventory is subject to change.
Please note that:
• If the correct price of an item you purchase through the Site is lower than our stated price, we will charge you the lower amount when your order is shipped.
• If the correct price of an item you purchase through the Site is higher than our stated price, we will, at our discretion, contact you for instructions before shipping. If we are unable to contact you after 15 days, we will cancel your order and notify you of such cancellation.
You may provide certain information to David Yurman in connection with your access or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You represent and warrant that any information that you provide to David Yurman in connection with the Services is accurate.
Terms of Sale
By purchasing a Product through the Services, you agree to the terms set forth in this Section 4 (the (“Terms of Sale”).
To complete your purchase, you must have a valid billing and shipping address within a country that can be selected as part of the checkout process on the Site (the “Territory”). We make no promise that Products available on the Site are appropriate or available for purchase in locations outside the Territory.
You may only purchase Products for personal use by either yourself or your intended recipient of the Products. The Products are not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per payment card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.
Order Confirmation; Acceptance.
You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. We will display or send a notice when we ultimately accept your order, and our acceptance will be complete at the time we display or send the formal acceptance notice. Payment must be received by us before our li acceptance of an order.
Availability and Pricing.
Availability and pricing of the Products are subject to Section 2 above.
Payments are subject to Section 8 below.
Shipping and delivery is subject to Section 10 below.
Order Delays; Cancellation.
We reserve the right to delay, refuse, or cancel any order prior to delivery. For example, if there are errors on the Site or in connection with your order or inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the delivery of Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
Returns, Exchanges, and Refunds.
Returns, Exchanges, and Refunds will be subject to Section 11 below.
Reservation of Rights.
We reserve the right, including without prior notice, to discontinue offering any Products without prior notice; impose conditions on the honoring of any coupon, discount, or similar promotion; bar any user from making any transaction; and alter the payment option for Products, even if you have already placed an order for an item. All prices are shown in U.S. dollars and exclude all taxes or other charges (such as shipping and handling). Applicable Taxes (as defined below) and other charges (such as shipping and handling), will be added to the amount of your purchase and itemized on the checkout page. All prices are subject to change without notice.
You may create an account with David Yurman in order to use some or all of our Services. You may not share or permit others to use your individual account credentials. You will promptly update any information contained in your account if it changes. You must use a strong password for your account that is unique to our Services and not used by you in any other website or online service. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
You will not use our Services if you do not meet the eligibility requirements in Section 1 above and you will not use our Services other than for their intended purpose. Further, you will not, in connection with our Services:
- Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
- Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
- Use or attempt to use another user’s account or information without authorization from that user and David Yurman;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell or resell our Services;
- Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that David Yurman grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. David Yurman reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
- Develop or use any applications or software that interact with our Services without our prior written consent;
- Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Link to any online portion of the Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by the David Yurman; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
Enforcement of this Section 6 is solely at David Yurman’s discretion, and failure to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances.
You are responsible for any sales, use, duty, or other governmental taxes or fees (“Taxes”) due with respect to your purchase of items through the Site. We will collect applicable Taxes if we determine we have a duty to collect such Taxes. We will present an estimate of Taxes to be collected at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in rates of Taxes.
A physical or electronic David Yurman Gift Card (“Gift Card”) is redeemable only for orders placed at a David Yurman boutique, on the Site or by phone with David Yurman. A Gift Card is not a credit or debit card and may not be redeemed for cash unless required by applicable law. A Gift Card cannot be used toward a prior transaction. We are not responsible for any Gift Card used without your permission or for any lost, stolen or damaged Gift Cards. Gift Cards do not expire.
Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to an item that you order passes to you upon delivery of the item by David Yurman to the carrier. Unless we state otherwise, risk of loss or damage to an item that you return passes to David Yurman upon delivery of the item by you to the carrier We reserve the right to not deliver to any country that is prohibited by applicable export laws.
If you have any questions regarding shipping, please contact our customer care team at 1-888-398-7626 or email us at firstname.lastname@example.org. Please visit the following pages to learn more about our international shipping options, and other general shipping FAQs.
Returns, Exchanges and Refunds
Submitting a Return.
We want you to be completely happy with the items you order from us. If for any reason you are not satisfied with an item you purchase through the Site, you may return such item (accompanied by your sales receipt) within 30 days of the date on which the item was delivered to you and elect to: (i) exchange the item for another item available for purchase through the Site, (ii) receive a refund in the amount you paid for the item, or (iii) receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site. If a Product was purchased with a Gift Card or if a Product is returned with a gift receipt, David Yurman will issue a Gift Card for the refund amount.
Please note that all refunds will be issued to the original form of payment, except that cash purchases will be refunded by a company check from David Yurman. All items returned to us must be unaltered, unworn and in saleable condition. In addition, all returned items must include the original packaging in good condition and all associated tags. Please note that used items are not eligible for return unless such items are defective. Some exclusions may apply.
David Yurman will not accept returns of Products purchased from other retailers. Those Products are subject to that retailer’s return policies and David Yurman disclaims any liability with respect to the return of such Products. Additionally, David Yurman will not accept a return of any Services or any Products if the Product:
- Is not purchased from our Services,
- Is returned by any person other than (i) the original purchaser of the Product or (ii) a subsequent owner who can provide the original order number applicable to the initial purchase of the Product,
- Is not in its original condition with all original packaging, or
- Is returned from outside of the Territory where the Product was originally shipped to by David Yurman.
If the price of an item you purchase through the Site is reduced due to such item becoming a permanent sale item within 10 days of the date on which you purchased the item, you may contact us to receive a one-time (single order) refund or price adjustment for the item purchased. Such refund or price adjustment applies only to items that become permanent sale items and excludes temporary special promotion items. For questions regarding price adjustments or to submit a request for a price adjustment, please contact our customer care team at 1-888-398-7626 or email us at email@example.com.
Ownership: Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, and all intellectual property rights therein and thereto, are owned by David Yurman or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms (including Section 6 and the User Generated Content Terms and Conditions), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.
David Yurman, DY, our logos, product and service names, slogans, and the look and feel of the Services are trademarks of David Yurman and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about David Yurman or our Services (collectively, “Feedback”). You grant us all rights to use, and you understand and agree that we may use, such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or Services, or to improve or develop new products, services, or the Services in David Yurman’s sole discretion. David Yurman will exclusively own all new, and improvements to any existing or future, David Yurman products, services, or Services based on any Feedback. You understand that David Yurman may treat Feedback as nonconfidential.
Disclaimers; Limitation of Liability
Your use of items purchased through the Site is at your sole risk. Such items are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
The limitations set forth in this Section 17 will not limit or exclude liability for personal injury or property damage directly and proximately caused by items you purchased from us through the Site or for the gross negligence, fraud or intentional misconduct of any David Yurman Parties, or for any other matters in which liability cannot be excluded or limited under applicable law.
Dispute Resolution; Binding Individual Arbitration
Please read this section 18 carefully because it requires you And david yurman to arbitrate certain disputes and claims and Limits the manner in which we can seek relief from each other. Arbitration precludes you and david yurman from suing in court Or having a jury trial. You and david yurman agree that Arbitration will be solely on an individual basis and not as a Class arbitration, class action, or any other kind of Representative proceeding. By agreeing to so arbitrate certain Disputes and claims, david yurman and you are each waiving the Right to trial by a jury.
The parties acknowledge that the terms in this section 18 are Intended to reduce the financial burdens associated with Resolving their disputes and are not intended to delay Adjudication of any party’s claims.
Follow the instructions below in this section 18 if you wish to Opt out of the requirement to arbitrate on an individual Basis.
Claims Subject to this Section.
The dispute resolution and binding arbitration terms in this Section 18 apply to all Claims between you and David Yurman. A “Claim” is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between you and David Yurman, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms or our Services, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.
Informal Dispute Resolution Prior to Arbitration.
If you have a Claim against David Yurman or if David Yurman has a Claim against you, you and David Yurman must first attempt to resolve the Claim informally in order to try to resolve the Claim faster and reduce costs for both parties. You and David Yurman will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email being sufficient) by the parties (“Informal Resolution Period”), starting from the day either party receives a written notice of a dispute from the other party (“Claimant Notice”) in accordance with these Terms.
You will send any Claimant Notice to David Yurman by certified mail addressed to David Yurman Enterprises LLC, Attn: Legal, 24 Vestry Street, New York, NY 10013 or by email to firstname.lastname@example.org. David Yurman will send any Claimant Notice to you by certified mail or email using the contact information you have provided to David Yurman. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, telephone number, and any relevant purchase information; (ii) describe in reasonable detail the nature and basis of the Claim; and (iii) set forth the specific relief sought.
The Informal Resolution Period is intended to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or David Yurman cannot initiate arbitration before the end of the Informal Resolution Period. If you or David Yurman file a Claim in court or initiate arbitration without first providing a compliant Claimant Notice and waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing or arbitration and seek damages from the party that has not followed the informal dispute-resolution process to reimburse it for any costs and fees, including without limitation arbitration, attorney, and expert fees, incurred as a foreseeable consequence of that breach.
The statute of limitations and any filing-fee deadlines for a Claim shall be tolled for the duration of the Information Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.
Claims Subject to Binding Arbitration; Exceptions.
Except for individual disputes that qualify for small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and except for any disputes exclusively related to the intellectual property or intellectual-property rights of you or David Yurman, including any disputes in which you or David Yurman seek injunctive or other equitable relief for the alleged unlawful use or infringement of your or David Yurman’s intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property but are jointly filed with IP Claims, that are not resolved in accordance with Section 18(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
Binding Individual Arbitration.
If NAM notifies the parties in writing (email being sufficient) that it is not available to arbitrate any Claim, then that Claim may only be settled by binding individual arbitration conducted by American Arbitration Association (“AAA”), https://www.adr.org, in accordance with the FAA and the applicable AAA rules as set forth below, and the term “Rules” shall be deemed to refer to such applicable AAA rules. For Claims that must be arbitrated by AAA, if you are a “Consumer”, meaning that you only use the Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules shall apply to Claims between you and David Yurman, as modified by these Terms. For Claims that must be arbitrated by AAA, if you are not a “Consumer”, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures shall apply to Claims between you and David Yurman, as modified by these Terms.
Arbitration Procedure and Location.
You or David Yurman may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with NAM (or with AAA, if applicable) pursuant to Section 18(d).
Instructions for filing a demand for arbitration with NAM are available on the NAM website or by calling NAM at 1-800-358-2550, and instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 1-800-778-7879. You will send a copy of any demand for arbitration to David Yurman by certified mail addressed to David Yurman Enterprises LLC, Attn: Legal, 24 Vestry Street, New York, NY 10013 or by email to email@example.com. David Yurman will send any demand for arbitration to you by certified mail or email using the contact information you have provided to David Yurman.
The arbitration will be conducted by a single arbitrator in the English language. You and David Yurman both agree that the arbitrator will be bound by these Terms.
For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing is necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in New York, New York, unless the arbitrator determines that this would pose a hardship for you or David Yurman, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and David Yurman agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
Except for circumstances outlined in Sections 18(g), each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.
Frivolous or Improper Claims.
To the extent permitted by applicable law, a claimant must pay all costs and fees incurred by the defending party—including without limitation arbitration, attorney, and expert fees—related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
If you or David Yurman submits a Claim to arbitration, you and David Yurman agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or other sensitive information, documents, testimony, and other materials that might be exchanged or be the subject of discovery in the arbitration. You and David Yurman agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Claims” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Claims are filed in arbitration as set forth in these Terms. You or David Yurman may advise the other of your or its belief that Claims are Coordinated Claims, and disputes over whether a Claim meets the definition of “Coordinated Claims” will be decided by the arbitration provider as an administrative matter.
The bellwether process set forth in this Section 18(i) will not proceed until counsel representing the Coordinated Claims has advised the other party in writing (email being sufficient) that all or substantially all the Claimant Notices for the Coordinated Claims have been provided.
After that point, counsel for the parties shall select 20 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its claims and arguments. Each side shall select 10 claimants who have provided a compliant Claimant Notice for this purpose, and only those chosen cases may be filed with NAM or AAA, as applicable. The parties acknowledge that resolution of some Coordinated Claims will be delayed by this bellwether process, and they consent to such delay.
A single arbitrator shall preside over each Coordinated Claim chosen for a bellwether proceeding, and unless the parties agree otherwise, only one Coordinated Claim may be assigned to each arbitrator as part of a bellwether process.
Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Coordinated Claims, with the mediator’s fee paid for by David Yurman. Counsel for the claimants and the other party must agree on a mediator within thirty (30) days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
If the mediation does not yield a global resolution of all remaining Coordinated Claims, the arbitration requirement in this Section 18 shall no longer apply to Coordinated Claims for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether proceedings. Any such Coordinated Claims released from the arbitration requirement must be resolved in accordance with Section 18.
To the extent you are asserting the same Claim as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable.
If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.
A court shall have authority to enforce the bellwether and mediation processes defined in this Section 18(i) and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Opting Out of Arbitration.
You have the right to opt out of binding arbitration within 30 days of the date you first accept these Terms by providing us with notice of your decision to opt out via email at firstname.lastname@example.org or by certified mail addressed to David Yurman Enterprises LLC, Attn: Legal, 24 Vestry Street, New York, NY 10013. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.
Rejection of Future Arbitration Changes.
You may reject any change we make to Section 18 (except address changes) by sending us notice of your rejection within 30 days of the change via email at email@example.com or by certified mail addressed to David Yurman Enterprises LLC, Attn: Legal, 24 Vestry Street, New York, NY 10013. Changes to Section 18 may only be rejected as a whole, and you may not reject only certain changes to Section 18. If you reject changes made to Section 18, the most recent version of Section 18 that you have not rejected will continue to apply.
If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms or this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 18 will be enforceable.
Notwithstanding anything to the contrary in these Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding a Claim either by following the arbitration procedure detailed above in this Section 18 or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.
Links to Third-Party Sites
The Site may contain links to third-party web sites and may redirect you to third-party web sites (“Third-Party Sites”). These sites include, among others, service providers who may have a relationship with us. Third-Party Sites are not under our control, and we are not responsible for any such Third-Party Sites or any products or services that may be offered through those or any other sites. The inclusion of links to Third-Party Sites does not imply an endorsement by us of such site, or the products, services or content contained therein and we are not responsible for any losses, damages or other liabilities incurred as a result of your use of any Third-Party Site. We reserve the right to terminate any link or linking program at any time.
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of State of New York except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Except for any IP Claim, any dispute between the parties that is not subject to arbitration pursuant to Section 18 and cannot be heard in small claims court will be resolved in the state or federal courts located New York County, New York. You and David Yurman waive any objection to venue or personal jurisdiction in any such courts.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless David Yurman from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms, any User Content (as defined in the User Generated Content Terms and Conditions) or Feedback you provide, or your access to, use or misuse of the Services. We shall provide notice to you of any such claim, action or demand that triggers this indemnification obligation, and you agree to do the same by writing to David Yurman Enterprises LLC, Attn: Legal, 24 Vestry Street, New York, NY 10013. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section 21. In such case, you agree to cooperate with any reasonable request we make to assist our defense of such matter.
User Generated Content Terms and Conditions
Last Updated: November 1, 2023
David Yurman Enterprises LLC and/or its affiliates (collectively, “David Yurman”) owns, operates, sponsors or provides www.davidyurman.com, various websites and microsites, social media pages (Facebook, Instagram, Snapchat, X (formerly Twitter), YouTube, LinkedIn, TikTok, and others), and other internet properties that permit users (“you” or “User”) to submit, upload, or publish various types of content (collectively, “David Yurman Web Properties”).
David Yurman engages a limited number of service providers to facilitate the collection and transmission of User Content (as defined below) to and from David Yurman Web Properties for use by David Yurman in connection with its business, including David Yurman’s product feature, marketing, promotional activities, advertising and other consumer-related activities (the “DY Services”).
David Yurman reserves the right to alter these UGC Terms without advance notice by posting revised UGC Terms. Accordingly, you should review the UGC Terms each time you grant permission or authorization to feature your User Content.
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, audio, photographs, graphics, images, videos, messages, or other materials, including without limitation your name, location information, social media handle, and profile photos (“User Content”) on or to any David Yurman Web Property, you are entirely responsible for such User Content. This means that you, and not David Yurman, are entirely responsible for all User Content that you post to any David Yurman Web Property. By using the David Yurman Web Properties, you acknowledge that the views and opinions that may be expressed do not necessarily represent the opinions of David Yurman.
You agree not to engage in, or assist or encourage others to engage in, transmitting, uploading, posting, e-mailing or otherwise making available on any David Yurman Web Property any User Content that:
- Is, or which encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, inflammatory, abusive, or otherwise objectionable; is known by you to be false, inaccurate or misleading; you were compensated for in any way by any third party; contains restricted or hidden content; may infringe any patent, trademark copyright, trade secret, right of publicity, or other intellectual or proprietary rights of any party.
- Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any local, state, national, or international law;
- May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any content or mechanism that attempts to gain access to restricted areas of any of David Yurman Web Properties, collect or solicit passwords or personal information from other users, or engage in commercial activities via any of the David Yurman Web Properties;
- Contains any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of spam;
- Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose David Yurman or others to any harm or liability of any type.
Enforcement of these Guidelines is solely at David Yurman’s discretion, and failure to enforce these Guidelines in some instances does not constitute a waiver of our right to enforce it in other instances. These Guidelines do not create any right or private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these UGC Terms or that objectionable material will be promptly removed after it has been posted.
You understand that by using the David Yurman Web Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will David Yurman be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by any person in connection with any User Content.
Without limiting the generality of the foregoing or any other provision of these UGC Terms, David Yurman reserves the right to terminate access to submit User Content to David Yurman Web Properties without prior notice for any user who violates these UGC Terms and infringes the rights of others.
David Yurman may also:
- Take any action with respect to your User Content that is necessary or appropriate, in David Yurman’s sole discretion, to ensure compliance with applicable law and these UGC Terms, or to protect David Yurman’s rights, or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
- As permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content on or through the Services.
When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. If you choose to make any of your information publicly available through the Services, you do so at your own risk.
User Content License
Except for the license you grant below, as between you and David Yurman, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content. You grant to David Yurman and its partners, contractors, subcontractors, consultants, agents, representatives, successors and assigns (collectively, the “Licensed Parties”), an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, publicly or otherwise perform and display, transmit, reproduce, edit, distribute, copy, edit, change, modify, add to, subtract from and otherwise exploit the User Content, or any portion thereof, in any manner (including without limitation for promotional and advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing without any compensation to you or to any third party. You hereby irrevocably waive any “moral rights” or other rights with respect to the attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, solely in connection with the use of your User Content. You further agree that the Licensed Parties have no obligation to use your User Content, name or other identifying information. You hereby release, discharge and agree to hold the Licensed Parties harmless from any liability related to the Licensed Parties’ use of your User Content.
You acknowledge that your User Content will not be returned and that the Licensed Parties reserve the right to cease use of any User Content at their sole discretion. You grant David Yurman the right to use your User Content, and any ideas, concepts or know-how contained therein, without attribution or payment of any form of consideration and for any purpose including, without limitation, marketing, promotional activities, advertising, or for publicity, trade or commercial purposes.
You may not create, post or share any User Content for which you do not have all the rights necessary to grant us the license described in this User Content License section, and you represent and warrant that your User Content, and our use of such User Content as permitted by these UGC Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity.
Representations and Warranties
By responding with #DYApproved and/or posting or otherwise providing User Content on or through our Services, which grants us permission to use your User Content, you hereby represent and warrant that:
- You are at least eighteen (18) years of age and/or of legal age in the jurisdiction in which you reside;
- You own or otherwise control the rights to the User Content and it is your original creation, has not been copied, recreated, reproduced, previously published, derived from, or otherwise taken in whole or in part from any other work;
- You have all necessary rights and authority to grant the rights herein, and that David Yurman’s use of your User Content in accordance with this release will not violate the intellectual property, privacy or publicity rights, or any other legal or moral rights of any third party;
- You have obtained permission from any individual(s) appearing in your User Content to grant the rights described in these UGC Terms and you shall promptly provide proof of such permission to David Yurman upon request;
- The User Content complies with these UGC Terms and does not violate any applicable laws or regulations;
- You agree to indemnify the Licensed Parties for all claims arising from or in connection with your User Content;
- You further agree to indemnify and hold harmless David Yurman and its affiliates, and each of their respective equity holders, directors, officers, employees, partners, agents and representatives (collectively, the “Releasees”), from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs (including reasonable attorney’s fees), liabilities, verdicts, judgments and settlements) arising out of use of your User Content or any breach of these representations or warranties; and
- Upon responding with #DYApproved, you hereby release the Releasees from, and irrevocably waive, any and all claims that the Licensed Party’s use of your User Content in accordance with these UGC Terms infringes or violates any of your rights in any way whatsoever.
Instagram™, Facebook™, YouTube™ and other similar social media forums are registered trademarks of their respective companies and not affiliated with David Yurman Enterprises LLC or www.davidyurman.com. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites. If you choose to submit User Content via mobile phone, standard data rates may apply. Publicly accessible User Content is governed by the terms and conditions of the respective social media platform where said User Content has been posted.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER DAVID YURMAN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE DAVID YURMAN WEB PROPERTIES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, ANY DAVID YURMAN WEB PROPERTY, EVEN IF DAVID YURMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE DAVID YURMAN WEB PROPERTIES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
While David Yurman strives to make the David Yurman Web Properties safe and positive places, they remain public forums, and other users may attempt to obtain personal information about you in order to harass or injure you. By using the David Yurman Web Properties, you acknowledge and agree that David Yurman is not responsible for others’ misuse of information publicly disclosed on any David Yurman Web Property. Please carefully select the type of information that you post or share, and report any abuses to us by contacting our customer care team at 1-888-398-7626 or by email at firstname.lastname@example.org.
Last Updated: November 1, 2023
David Yurman respects the copyrights of others and we require all users to do the same. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”) If you believe in good faith that your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, you may notify our DMCA Agent either by mail to David Yurman IP LLC, c/o Legal Department, 24 Vestry St. New York, NY 10013 or by email to email@example.com.
To be effective, your DMCA notice must (i) be in writing, (ii) be provided to the email address identified above, and (iii) include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- A description of the copyrighted work you claim has been infringed:
- A description of where the allegedly infringing material is located:
- Your address, telephone number and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.