Terms of Use

Last Updated: September 24, 2024

These Terms of Use (the “Terms of Use” or “Terms”) constitute an agreement between you and David Yurman Enterprises LLC and its affiliates (collectively, “David Yurman,” “we,” “us” or “our”) and contain important terms and conditions that affect your legal rights. Please read these Terms of Use carefully. By accessing or using our website, www.davidyurman.com (or any successor links) or any associated web pages, websites (mobile or otherwise) or social media pages that are owned, operated, sponsored or provided by David Yurman (the “Site”), or by purchasing any David Yurman service or product (collectively, “Products”), shopping in our stores, signing-up for our emails, and/or by otherwise interacting with us (collectively, together with the Site and Products, the “Services”), you agree to comply with and be bound by these Terms of Use.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS TO RESOLVE CLAIMS. FOR COMPLETE DETAILS, PLEASE REFER TO AND READ CAREFULLY SECTION 18, INCLUDING ALL SUBSECTIONS. YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS OF THE DATE YOU FIRST ACCEPTED THESE TERMS; INSTRUCTIONS FOR OPTING OUT ARE IN SECTION 18(M) 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:

We reserve the right to change or modify these Terms of Use at any time and in our sole discretion. If we make changes to these Terms of Use, we will post the amended Terms of Use to the Site and update the “Last Updated” date above. We encourage you to review these Terms prior to making any purchase through the Site to ensure that you understand the terms and conditions that apply to your purchase.

We describe in our Privacy Policy our privacy practices and certain rights you may have under applicable law. You acknowledge and agree that you have reviewed our Privacy Policy.

  1. Eligibility

    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 customercare@davidyurman.com.

    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.

  2. 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 colors; 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 customercare@davidyurman.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.

  3. Your Information

    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. 

    For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

  4. 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”).

    1. Eligibility.

      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.

    2. Restrictions.

      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.

    3. 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 acceptance of an order.

    4. Availability and Pricing.

      Availability and pricing of the Products are subject to Section 2 above.

    5. Payments.

      Payments are subject to Section 8 below.

    6. Shipping; Delivery.

      Shipping and delivery is subject to Section 10 below.

    7. 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.

    8. Returns, Exchanges, and Refunds.

      Returns, Exchanges, and Refunds will be subject to Section 11 below.

    9. Repairs.

      We offer a wide range of repair services for David Yurman items that you purchase from us or from one of our authorized retailers. If you deliver a Product to us for servicing, we may provide you with a written estimate of the cost and time involved, which estimate may be adjusted following inspection of the item by us or one of our authorized service partners. Any examination of an item delivered for servicing is limited solely to your service request and shall not constitute an appraisal of the item or a statement of any kind relating to the item’s value. In the event that any such item becomes lost or damaged while in our possession, we reserve the right to replace it with an item of like kind and value. IF WE ELECT TO DO SO, THAT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL CLAIMS RELATED TO OR ARISING OUT OF ANY SUCH LOST OR DAMAGED ITEM.

    10. 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.

  5. Accounts

    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.

  6. Prohibited Conduct

    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 suggests, in our sole discretion, 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.

  7. Taxes

    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.

  8. Payments

    By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable Taxes and other charges) and any charges that you are responsible for under these Terms of Use. We may receive updated information from your issuing bank or our payment processor about any payment method you have stored with us, and you agree that we may use that updated information to charge any amounts owed to us. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you would like to change or update payment information associated with your account on the Site, you can do so at any time by logging into your account and editing your payment information. If any of the items in your order are unavailable, we will charge only the prices, Taxes and other applicable charges associated with the items that are available and included in the shipment.

  9. Gift Cards

    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.

  10. 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 are returning passes to David Yurman upon delivery of the item by the carrier to David Yurman. We reserve the right to not deliver to any country that is prohibited by applicable law or regulation.

    If you have any questions regarding shipping, please contact our customer care team at 1-888-398-7626 or email us at customercare@davidyurman.com. Please visit the following pages to learn more about international orders and shipping and other general shipping FAQs.

  11. Returns, Exchanges and Refunds

    1. Submitting a Return.

      We want you to be completely happy with the Products 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.

      To return an item you purchased through the Site, please complete the return section of the original packing slip enclosed with your order and indicate the reason(s) for the return and whether you wish to exchange the item or to receive a refund or merchandise credit in the amount you paid for the item pursuant to these Terms of Use. You must enclose the completed return section of the original packing slip in the package you send to us with the item you are returning. You may ship your return to us using the complimentary return shipping label provided with your order, which will ensure that your return is mailed to the proper return address. If you decline to use the complimentary return shipping label provided with your order, please ship your return, prepaid and insured, to us at: DYE, 1250 Valley Brook Ave, Receiving Gates 17 & 18, Lyndhurst, NJ 07071. Please allow 2-3 weeks for the processing of your return.

      Alternatively, you may return a Product purchased through the Site to one of our David Yurman boutiques for an exchange, credit or refund pursuant to these Terms of Use. Please note that any item purchased in a David Yurman boutique may be returned only to the boutique at which such item was purchased and must be accompanied with your sales receipt.

      You are solely responsible for ensuring that items being returned to David Yurman are actually delivered to David Yurman. You will not be eligible to receive any refund or credit for returned merchandise unless the merchandise is delivered to, and authenticated by, David Yurman. 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.

    2. Exclusions.

      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.

  12. Price Adjustments

    If the price of a Product that 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 customercare@davidyurman.com.

  13. Promotions

    Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

  14. 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.

  15. Trademarks

    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.

  16. Feedback

    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.

  17. 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.  

    You understand and agree that, to the fullest extent permitted by applicable law, David Yurman, its affiliates, and each of their respective equity holders, directors, officers, employees, partners, agents and representatives (individually and collectively, the “David Yurman Parties”) will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Use or the use of, or inability to use, any Product or Service, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not David Yurman or another David Yurman Party has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, the David Yurman Parties’ total liability in connection with any goods or services available through the Site and these Terms of Use will not exceed the amount you actually paid to David Yurman to purchase such good or service. 

    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.

  18. Dispute Resolution

    Please read this entire dispute resolution section (including all subsections) carefully as it includes a class action waiver and jury trial waiver and requires arbitration on an individual basis in certain jurisdictions. This section 18 limits the manner in which you and david yurman can seek relief from each other.

    You and David Yurman each 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 section 18(m) if you wish to opt out of the requirement to arbitrate certain claims on an individual basis. No class actions, collective actions, consolidated actions, representative actions, class arbitrations, collective arbitrations, consolidated arbitrations, or representative arbitrations are allowed under these terms.

    This entire dispute resolution section (including all subsections) shall survive the termination of this agreement, these terms, the parties’ relationship, or the end of your use of any services.

    1. Claims Subject to this Section.

      The procedures and other terms set forth in this dispute resolution section apply to any and all claims, disagreements, disputes or controversies between you, on the one hand, and david yurman, its affiliates, or any of their respective officers, directors, managers, equityholders, employees, representatives, or agents (collectively, for purposes of this section 18, “david yurman”), on the other hand, regardless of when such claim arose (each, a “claim”), including but not limited to:

      • CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, TO THE USE OR ACCESS THEREOF, TO OUR PRIVACY AND DATA SECURITY PRACTICES, TO OUR ADVERTISING, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD BY DAVID YURMAN AND/OR TO THESE TERMS;
      • CLAIMS THAT AROSE BEFORE YOU AGREED TO THESE TERMS; AND
      • CLAIMS THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER

      Notwithstanding anything in these Terms, the term “Claim” shall not include any claims 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”).

    2. Mandatory Informal Dispute Resolution Prior to Filing any Claim in Court or 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 60 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. The foregoing process shall be referred to herein as the “Informal Resolution Process.”

      Your Claimant Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone number(s); (4) the email address(es) associated with your David Yurman account or any orders you’ve placed with David Yurman; (5) information sufficient for David Yurman to identify any transaction and/or product at issue (e.g., your order number, order confirmation communication, etc.); and (6) a detailed description of your Claim(s), the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking, along with a calculation for any such desired monetary relief. You must personally sign this Claimant Notice.

      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 legal@davidyurman.com. David Yurman will send any Claimant Notice to you by certified mail or email using the contact information you have provided to David Yurman

      Likewise, David Yurman agrees that if we have a dispute with you, we will first send a detailed Claimant Notice to your mailing and/or e-mail address on file with us. David Yurman’s Claimant Notice will likewise set forth (1) information sufficient for you to identify any transaction and/or product at issue; and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking, along with a calculation for any such desired monetary relief. An authorized person from David Yurman will sign such Claimant Notice.

      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. The statute of limitations and any filing-fee deadlines for a Claim shall be tolled for the duration of the Informal Resolution Period for that Claim so that you and David Yurman can engage in this informal dispute resolution process. Should David Yurman request a telephone conference with you in an effort to resolve your claim as part of this informal process, you agree to personally participate (with your counsel if you are represented).

      Neither you nor David Yurman can initiate a lawsuit or arbitration before the end of the Informal Resolution Period. A court or arbitrator shall have the authority to (i) enjoin the filing of any such lawsuit or arbitration that is initiated by a party prior to the completion of the Informal Resolution Process, and (ii) order the party that has not followed the requirements in this Section 18 to reimburse the other party for its costs and fees (including without limitation arbitration, attorney, and expert fees) incurred as a foreseeable consequence of that breach.

    3. Class Action Waiver; Jury Trial Waiver; Where Permissible, Claims Shall be Brought in Court on an Individual Basis; Venue

      TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DAVID YURMAN AGREE THAT ANY CLAIM RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS; CLASS ACTIONS AND ANY OTHER CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTIONS OF ANY KIND ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. You agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. Class actions, private attorney general actions, and other consolidated actions are not allowed. Together, the terms in this paragraph shall be called the “Class Action Waiver.”

      Where permissible, and to the fullest extent permitted by applicable law, Claims must be brought in court, and only on an individual basis in accordance with the Class Action Waiver. To the extent permissible under applicable law, any such cases shall be decided by a judge and not a jury; you and David Yurman each mutually waive any right to have any Claim decided by a jury. Claims regarding the enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.

      To the fullest extent permitted by applicable law, any claim (other than IP Claims) brought in court shall be resolved in the state or federal courts located in New York County, New York. You and David Yurman waive any objection to venue or personal jurisdiction in any such courts.

    4. Binding Individual Arbitration.

      In jurisdictions where applicable law prohibits the Class Action Waiver from applying to a Claim brought in Court but not in arbitration, the CLAIM SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. To the fullest extent permitted by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or David Yurman (as applicable) to resolve a Claim. Together, the terms in this paragraph shall be called the “Arbitration Clause.”

      These Terms of Use affect interstate commerce and the enforceability of this Section 18 (except with respect to the Class Action Waiver) will be substantively and procedurally governed by the Federal Arbitration Act and federal arbitration law. By agreeing to arbitration, you and David Yurman are not limiting in any way either of our statutory or common law rights or potential remedies to which either of us would be entitled to if our Claim were instead being heard in a court.

      Any arbitration will be administered by National Arbitration and Mediation (“NAM”) and governed by NAM’s applicable rules (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Mass Filing Supplemental Dispute Resolution Rules and Procedures, as applicable) (the “Rules”), as modified by these Terms of Use. You may obtain a form to initiate arbitration as set forth in the Rules by visiting www.NAMADR.com, by emailing NAM at commercial@namadr.com, or by requesting them in writing at the Claimant Notice address and such form must be personally signed by the party initiating arbitration (and their counsel, if represented).

      Any arbitration shall occur in English, through the submission of documents to one neutral arbitrator. Pursuant to the Rules, you and David Yurman will endeavor to select an arbitrator after commencement of the action. 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 remotely by telephone or video conference, 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, 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.

      If you and David Yurman cannot submit a joint pre-hearing and hearing schedule, each party will submit their own schedule to NAM. If only one schedule is submitted, that schedule will be delivered to the arbitrator for his or her consideration. The arbitrator may adopt the schedule submitted by one party in the absence of a competing or joint schedule.

      All issues relating in any way to arbitration—including the applicability, scope, and enforceability of the arbitration provisions of these Terms—will be decided by one neutral arbitrator. Unless otherwise agreed by the you and David Yurman, the arbitrator’s decision(s) on (i) procedural and substantive issues, (ii) any arbitration award, and (iii) any judgment confirming such award shall, in each instance, apply only to that specific case; although the arbitrator may consider decisions from other arbitrations involving different customers, such decisions will not be binding precedent and will not have any preclusive effect in any other case. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the arbitrator’s essential factual and legal findings and conclusions on which the award is based.

      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.

    5. Arbitration Fees.

      Except for circumstances outlined in Section 18(f), payment of all filing, administration and arbitrator fees in an arbitration between you and David Yurman will be governed by the Rules and NAM’s applicable fee sheet, each as determined by NAM.

    6. Back-Up Procedures.

      If NAM notifies the parties in writing (email being sufficient) that it is not available to arbitrate any Claim that is otherwise subject to the Arbitration Clause, then that Claim may only be settled by binding individual arbitration conducted by American Arbitration Association (“AAA”), www.adr.org, in accordance with the Federal Arbitration Act and the applicable AAA rules following the same procedures herein; in such case, the term “Rules” shall be deemed to refer to the applicable AAA rules as follows: (i) 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 are the rules applicable to Claims between you and David Yurman, as modified by these Terms; and (ii) if you are not a “Consumer”, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the rules applicable to Claims between you and David Yurman, as modified by these Terms. For any mass arbitrations brought under the AAA rules, AAA’s Mass Arbitration Supplementary Rules shall apply. Instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 1-800-778-7879.

    7. Frivolous or Improper Claims.

      If NAM notifies the parties in writing (email being sufficient) that it is not available to arbitrate any Claim that is otherwise subject to the Arbitration Clause, then that Claim may only be settled by binding individual arbitration conducted by American Arbitration Association (“AAA”), www.adr.org, in accordance with the Federal Arbitration Act and the applicable AAA rules following the same procedures herein; in such case, the term “Rules” shall be deemed to refer to the applicable AAA rules as follows: (i) 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 are the rules applicable to Claims between you and David Yurman, as modified by these Terms; and (ii) if you are not a “Consumer”, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the rules applicable to Claims between you and David Yurman, as modified by these Terms. For any mass arbitrations brought under the AAA rules, AAA’s Mass Arbitration Supplementary Rules shall apply. Instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 1-800-778-7879.

    8. Discovery During Arbitration.

      In any arbitration involving you and David Yurman, each party shall each be limited to a maximum of one (1) fact witness deposition per side, unless the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of parties named in the arbitration, and the diversity of their interests, and whether any or all of the Claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery). Document requests shall be: (i) limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; (ii) shall be reasonably restricted in terms of time frame, subject matter, and persons or entities to which the requests pertain; (iii) shall not include broad phraseology such as “all documents directly or indirectly related to”; and (iv) shall not be encumbered with extensive “definitions” or “instructions.” The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above in this Section 18(h).

    9. Offer of Settlement.

      In any arbitration involving you and David Yurman, the defending party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. If the award is issued in the defending party’s favor, or in the other party’s favor but is less than the defending party’s settlement offer, then the other party must pay all of the costs (including attorney’s fees) incurred by the defending party after its offer was made. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Claim may be entitled for the cause of action under which it is suing.

    10. Confidentiality.

      If you or David Yurman submit a Claim to arbitration, the parties 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 each 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.

    11. Special Procedures for Mass Arbitrations.

      If an arbitration falls within NAM’s definition of a mass filing or mass arbitration, you and David Yurman agree to the procedures set forth in this Section 18(k) and in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures available at www.namadr.com/resources/rules-fees-forms (or if filed with AAA and falling within their definition of a mass arbitration, the AAA’s Mass Arbitration Supplementary Rules), will apply. The procedures set forth in this Section 18(k) are intended to supplement those applicable NAM or AAA rules and, to the extent these procedures conflict with those rules, to supersede them.

      Mass arbitrations may only be filed in arbitration as permitted by the bellwether process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in a mass arbitration from the time a compliant Claimant Notice has been received by you or David Yurman until these Terms of Use permit such mass arbitration Claims to be filed in arbitration or court.

      Bellwether Process. The bellwether process set forth in this Section 18(k) will not proceed until counsel representing the mass arbitration Claims has advised the other party in writing (email being sufficient) that all or substantially all the Claimant Notices for the mass arbitrations have been provided.

      After that point, counsel for each side shall select 10 Claims from the mass arbitration claimants who have provided compliant Claimant Notices in accordance with Section 18(b) (20 Claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of the foregoing individual arbitrations shall be assigned to a different, single arbitrator unless you and David Yurman agree otherwise in writing. You and David Yurman each acknowledge that resolution of some Claims will be delayed by this staged process, and they each consent to such delay. Any remaining Claims shall not be filed or deemed filed in arbitration, nor shall any arbitration, administrative or other fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 18(k).

      Mediation. Once the foregoing initial set of 20 arbitrations have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single, global mediation of all remaining mass arbitration Claims. Counsel for the claimants and the other party must agree on a mediator within 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.

      Remaining Claims. If the mediation process concludes with more than 20 mass arbitration Claims remaining, then the arbitrator will randomly select another 20 Claims from the mass arbitration claimants who have provided compliant Claimant Notices in accordance with Section 18(b) (or the total remaining Claims, if there are 20 or less) to proceed in individual arbitration as a second batch of proceedings. Each of the foregoing individual arbitrations shall be assigned to a different, single arbitrator unless you and David Yurman agree otherwise in writing. Only those chosen cases may be filed with the arbitration provider, it being understood and agreed that any Claims that are not selected shall not be filed or deemed filed in arbitration, nor shall any arbitration, administrative or other fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 18(k). Once all arbitrations in the foregoing process are complete, the parties will repeat this staged process (with a maximum of 20 individual arbitration proceedings at a time) until all mass arbitration Claims have been resolved, either through settlement or arbitration.

      A court shall have authority to enforce the bellwether and mediation processes defined in this Section 18(k) and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines in a final, non-appealable ruling that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

    12. Small Claims Court.

      Notwithstanding the agreement between you and David Yurman to resolve certain Claims through arbitration, either you or David Yurman may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction (provided that the small-claims court does not permit class or similar representative actions or relief). The route to small claims court shall only be the result of a direct filing by you or David Yurman. As set forth in this Section 18(l), a Claim commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules. Any institution of any lawsuit for public injunctive relief will not constitute a waiver of any right or obligation of the claiming party to submit a given Claim seeking relief other than injunctive relief to arbitration.

    13. 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 legal@davidyurman.com or by certified mail addressed to David Yurman Enterprises LLC, Attn: Legal, 24 Vestry Street, New York, NY 10013. To be valid and effective, the opt-out notice must (i) include your full name, mailing address, and email address, and (ii) clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in court accordance with Section 18(c).

    14. Time Limits.

      To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CLAIM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Claim is considered commenced at the time the Claimant Notice is sent. To the extent a Claim is filed in court or arbitration without first providing such Claimant Notice (which would be contrary to these terms, as set forth above), the Claim is deemed commenced at the time of such filing.

    15. Governing Law.

      Any Claim brought in court on an individual basis pursuant to the Class Action Waiver will be governed by, and construed and enforced in accordance with, applicable federal law and the laws of the State of New York, without giving effect to any 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. Any Claim brought in arbitration pursuant to the Arbitration Clause will be governed by, and construed and enforced in accordance with, the Federal Arbitration Act, without giving effect to any 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. If, contrary to the express prohibitions of the Class Action Waiver and the Arbitration Clause, a case is brought as a class action in court, then conflict of law rules and principles shall apply.

    16. Severability.

      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 ability of you or David Yurman 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, in accordance with these Terms, 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.

    17. International Claims.

      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.

  19. Calls and Text Messaging Terms and Conditions

    1. Call Recording and Monitoring.

      You acknowledge that telephone calls made to, or received from or on behalf of, David Yurman may be monitored and recorded, and you agree to such monitoring and recording.

    2. Express Consent to Text Messages.

      By opting in to receive text messages from David Yurman, which may include without limitation SMS messages or MMS messages (each, a “Program”), you provide your express consent to receive automated text messages from David Yurman at the number you provided, including text messages that may be sent using an automatic telephone dialing system. Consent to receive automated text messages is not a condition of any purchase.

    3. Program Details.

      Each Program may include recurring and nonrecurring transactional, informational and promotional text messages related to promotions, products, services, appointments, your account (including account security and/or account verification), changes and updates, events, special offers, service outages, reminders (including cart reminders), order updates, any other information regarding any transaction or your relationship with David Yurman, as well as other information that we think will be of interest to you. Text message frequency will vary. David Yurman reserves the right to alter the frequency of text messages sent at any time, such as to increase or decrease the total number of sent text messages. David Yurman also reserves the right to change the short code or phone number from which text messages are sent. Text message and data rates may apply. Not all mobile devices or handsets may be supported and our text messages may not be deliverable in all areas. The content of our text messages may not be available and/or viewable on all mobile phone carriers and devices. David Yurman, its service providers, and the mobile phone carriers supported by each Program are not liable for delayed or undelivered messages.

    4. Cancellation.

      You may opt out of a Program at any time. Text the keyword STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to the phone number or short code that messaged you to cancel your participation in that Program. After texting STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to the phone number or short code that messaged you, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not consist of the STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE keyword commands and agree that David Yurman and its service providers will have no liability for failing to honor such requests.

    5. Privacy.

      Please review our Privacy Policy for information about our privacy practices.

    6. Help and Customer Care; Contact Us.

      You can text the keyword HELP to the phone number or short code that messaged you to receive assistance. If you are experiencing any problems or have questions related to a Program, please contact us at 1-888-398-7626 or email us at customercare@davidyurman.com. Each Program is a service of David Yurman Enterprises LLC, located at 24 Vestry Street, New York, NY 10013.

    7. Providing Telephone Numbers and Other Contact Information.

      When you provide your contact information to David Yurman, you certify that any such contact information, including, but not limited to, your name and residential, business, or mobile telephone number, is true, accurate, and current. As such, you certify that you are the current subscriber or owner of any telephone number(s) that you provide. You understand that you are strictly prohibited from providing a telephone number that is not your own. If you have an account with us, and if we discover that any contact information provided by you when you set up the account is false or inaccurate, we may suspend or terminate your account at any time.

    8. Change in Ownership of Telephone Number(s).

      If you opted-in to a Program, and the ownership of your telephone number(s) were to change, you agree to immediately notify us before the change goes into effect by replying STOP to any text message(s) you receive from us.

  20. 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. Please be aware that when you enter a Third-Party Site, any information you provide is subject to the terms of use and privacy policy of that site. If you have any questions or concerns about the products and services offered on a Third-Party Site, please contact the Third-Party Site directly.

  21. Indemnification

    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.

  22. Miscellaneous

    If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not, except as stated in Section 18(p), affect the validity and enforceability of any remaining provisions. Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of these Terms. We may assign any of our rights and obligations under these Terms of Use. Pursuant to California Civil Code Section 1789.3, David Yurman provides users of the Site with the following notice: If you have a question or complaint regarding the Site, you may contact us by email at customercare@davidyurman.com, by mail at David Yurman Enterprises LLC, Attn: Customer Care, 1250 Valley Brook Avenue, Suite 100, Lyndhurst, NJ 07071 or by telephone at 1-888-398-7626. California residents may also report a complaint to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at 1-916-445-1254 or 1-800-952-5210.

  23. Questions

    If you have any questions regarding these Terms of Use, please contact our customer care team at 1-888-398-7626 or email us at customercare@davidyurman.com.

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 and the DY Services may reach out to Users to seek their permission to feature their User Content on our various sites, social media channels, and/or promotional materials. By responding with the hashtag #DYApproved, you grant David Yurman permission to use your User Content and you represent and warrant that you have read, understood and agreed to these User Generated Content Terms and Conditions (“UGC Terms”) and David Yurman’s Privacy Policy (“David Yurman Privacy Policy”).

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.

Miscellaneous

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 customercare@davidyurman.com.

  • Guidelines

    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, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, or otherwise objectionable; 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
    • Restricts or prevents any other person from using our Services, or may expose David Yurman or others to any 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.

    We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit, or monitor User Content, we reserve the right to remove, modify and/or block any offensive or inappropriate content that may violate the rights of others, these UGC Terms, or violate any of the David Yurman Web Properties’ terms of use. You acknowledge that David Yurman has the right, though not the obligation, in its sole discretion to refuse to post or to remove any User Content. David Yurman may also terminate or suspend your access to all or part of the Services, temporarily or permanently, if your User Content is reasonably likely, in our sole determination, to violate applicable law or these UGC Terms.

    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.

  • Privacy Policy

    All users of David Yurman Web Properties agree that their access to, and use of, any David Yurman Web Property is subject to these UGC Terms, the David Yurman Privacy Policy, and all applicable laws, and that any such access or use is undertaken at the user’s own risk.

    The User Content that you submit will be treated as non-confidential and non-proprietary, and David Yurman has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the David Yurman Privacy Policy. By using David Yurman Web Properties or the DY Services, you consent to the collection of any personal information you provide for use and disclosure in connection with David Yurman’s use of your User Content as described in these UGC Terms.

  • Public Content 

    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.

     

DMCA Policy

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 legal@davidyurman.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:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  2. A description of the copyrighted work you claim has been infringed:
  3. A description of where the allegedly infringing material is located:
  4. Your address, telephone number and email address;
  5. 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
  6. 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.