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Frederick Goldman

Home / Website Terms & Conditions

Website Terms and Conditions

Conditions of Use

Welcome to FGoldman.com (the “Website”). Frederick Goldman Inc. and/or it’s subsidiaries (collectively “FGI”) provides website features and other products and services to you when you visit or shop at the Website, use FGI products or services, use FGI applications for mobile, or use software provided by FGI in connection with any of the foregoing (collectively, “FGI services”). FGI provides the FGI Services subject to the following conditions. By using FGI Services, you agree to these conditions. Please read them carefully. We offer a wide range of FGI Services, and sometimes additional terms may apply. When you use a FGI Service (including but not limited to mobile price checker and all future FGI applications for tablets, computers, mobile or other forms of digital communication whether currently existing or not) you also will be subject to the guidelines, terms and agreements applicable to that FGI Service (Service Terms).

Privacy

Please review our Privacy Policy, which also governs your use of FGI Services, to understand our practices.

Electronic Communications
When you use any FGI Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, by posting notices on the Websites or through the other FGI Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

Copyright
All content included in or made available through any FGI Service, such as text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software is the property of FGI or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any FGI Service is the exclusive property of FGI or it’s software suppliers protected by U.S. and international copyright laws. 

Trademarks

FGI's trademarks, including but not limited to Goldman, ArtCarved, ArtCarvedbridal.com, Triton, TritonJewelry.com, Diana, Diana.com, Lyric and other FGI graphics, logos, page headers, button icons, scripts, and service names included in or made available through any FGI Service are trademarks or trade dress of Frederick Goldman Inc. in the U.S. and other countries.  FGI’s trademarks or trade dress may not be used in connection with any product or service that is not FGI's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FGI.  All other trademarks not owned by FGI or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FGI or its subsidiaries.

License and Site Access

Subject to your compliance with these Conditions of Use, FGI grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use  the FGI Services. This license does not include any resale or commercial use of any FGI Service or its contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any FGI Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by FGI or its licensors, suppliers, rightsholders, or other content providers. No FGI Service, nor any part of any FGI Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FGI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FGI without express written consent. You may not use any meta tags or any other "hidden text" utilizing FGI’s name or trademarks without the express written consent of FGI. You may not misuse the FGI Services. You may use the FGI Services only as permitted by law. The licenses granted by FGI terminate if you do not comply with these Conditions of Use or any Service Terms. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Fgoldman.com so long as the link does not portray FGI or FGI Services or products in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FGI logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use any FGI Service, you are responsible for maintaining the confidentiality of your account 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. If you create sub users or customer admins for your account you are responsible for all of their activity and for their adherence to these Conditions of Use or any Service Terms.  FGI reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

 

Product Descriptions

FGI attempts to be as accurate as possible. However, FGI does not warrant that product descriptions or other content of any FGI Service is accurate, complete, reliable, current, or error-free. If a product offered by FGI itself is not as described, your sole remedy is to return it in unused condition. 

 

Pricing

Except where noted otherwise, the Wholesale Price displayed for products on our website are based on the previous Friday’s metal markets.  The Retail Price is the manufacturer’s suggested retail price (MSRP).  The Wholesale Price that appears on your order confirmation is based on the 2nd London Fix rates on the date that the order was placed.  Your order may be billed in multiple invoices.  Your order confirmation does not include the cost of shipping; the shipping charges will be reflected on your invoice.  FGI reserves the right to ship orders in multiple shipments regardless of the customer’s selections, at its sole discretion.  Orders shipped in multiple shipments will incur charges for each shipment. 

Despite our reasonable, a small number of the items in our catalog may be mispriced.

Disclaimer of Warranties and Limitation of Liability

This site is provided by FGI on an "as is" and "as available" basis.  FGI makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on the site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, FGI disclaims all warranties express or implied, including, but not limited to, implied warranties of a merchantability and fitness for a particular purpose. FGI does not warrant that this site, its servers, or email sent from FGI or Fgoldman.com are free of viruses or other harmful components. FGI will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect incidental, punitive, and consequential damages. 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 may have additional rights.

Applicable Law

By visiting this Website, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and FGI or its affiliates.

Disputes

Any dispute relating in any way to your use of any FGI Service, or to any products or services sold or distributed by FGI or through the Website will be resolved by binding, confidential arbitration in New York City rather than in court; except that, to the extent you have in any manner violated or threatened to violate FGI's intellectual property rights, FGI may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.  If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.


Site Policies, Modification, and Severability

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of FGI Services. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

Frederick Goldman, Inc.
154 West 14th Street
New York, New York 10011
http://www.fgoldman.com

Additional FGI Software Terms

  1. Use of the FGI Software. You may use FGI Software solely for purposes of enabling you to use and enjoy the FGI Services as provided by FGI, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the FGI Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the FGI Software or otherwise assign any rights to the FGI Software in whole or in part. You may not use the FGI Software for any illegal purpose. We may cease providing any FGI Software and we may terminate your right to use any FGI Software at any time. Your rights to use the FGI Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain FGI Software that are specifically identified in related documentation may apply to that FGI Software (or software incorporated with the FGI Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any FGI Service is the property of FGI or its software suppliers and protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the FGI Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the FGI Software, whether in whole or in part, or create any derivative works from or of the FGI Software.
  4. Updates. In order to keep the FGI Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
  5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the FGI Software. If you are a U.S. Government end user, we are licensing the FGI Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the FGI Software are the same as the rights we grant to all others under these Conditions of Use.