Terms & Conditions

LEGAL TERMS AND CONDITIONS Thank you for visiting our Web Site (“Site”). This Site is provided for your personal use. YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. Acceptance of the Terms Your use of this Site is governed by the following terms of use (“Terms”). You may not use the Site if you do not accept the Terms. You can accept the Terms by either (1) clicking to accept or agree to the Terms, where this option is made available to you; or (2) by actually using the Site. In this case, you understand and agree that E. Gluck Corporation and its affiliates (collectively, “E. Gluck”) will treat your use of the Site as acceptance of the Terms from that point onwards. By clicking to accept or agree to the Terms or by using this Site, you agree to comply with, and to be bound by, these Terms. E. Gluck may, from time to time, change these Terms in its sole discretion. By using this Site after any such change, you agree to comply with, and be bound by, the Terms as changed. You may not use the Site and may not accept the Terms if (a) you are not of legal age to form a binding contract with E. Gluck, or (b) you are barred from doing so under the laws of the United States or other countries including the country in which you are resident or from which you use the Site. You should print off or save a local copy of the Terms for your records. If you do not agree with all of these Terms, please exit this Site now.   Access to the Site In order to access certain portions of the Site, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process, or as part of your continued use of the Site. You agree that any registration information you give to E. Gluck will always be accurate, correct and up to date. You agree not to access (or attempt to access) any portion of the Site by any means other than through the interface that is provided by E. Gluck, unless you have been specifically allowed to do so in a separate agreement with E. Gluck. You specifically agree not to access (or attempt to access) any portion of the Site through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Site. You acknowledge and agree that E. Gluck may stop (permanently or temporarily) providing access to the Site (or access to any portion of the Site) to you or to users generally at E. Gluck’s sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to specifically inform E. Gluck when you stop using the Site. E. Gluck may, at its sole discretion, provide some (but not all) users who register access to password protected sections of the Site. If you are provided with such access, you agree and understand that you are responsible for maintaining the confidentiality of any passwords and/or login information you use to access the Site, and you agree that you will be solely responsible to E. Gluck for all activities that occur under your password and/or login. You must immediately notify us if your password and/or login is lost, stolen, or used without permission. Such notifications should be sent by e-mail to generalinfo@egluck.com You agree to use the Site only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you will not engage in any activity that interferes with or disrupts the Site. Copyright, Trademark and Other Intellectual Property Protection All content appearing on this Site is Copyright © E. Gluck 2009. All rights reserved.  E. Gluck owns the trademarks, services marks and trade dress (“Trademarks”) displayed on this Site. Nothing on this Site should be construed as a license to use the Trademarks. Your use of the Trademarks displayed on this Site is strictly prohibited.  Furthermore, you acknowledge that the Site may contain information which is designated confidential and/or proprietary by E. Gluck. You agree to act to safeguard the secrecy and confidentiality of, and any proprietary rights to, any non-public confidential and/or proprietary information, except to the extent such information is required to be disclosed by law. Unless required by law, you shall not disclose any non-public confidential and/or proprietary information without E. Gluck’s prior written consent.  Submissions You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to E. Gluck through or in connection with this Site (“Submissions”), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain, E. Gluck’s property. Such disclosure, submission or offer of any Submission shall constitute an assignment to E. Gluck of all rights, title and interests in all copyrights and other rights in the Submission. E. Gluck is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that no Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission though, in connection with or related to this Site, you agree that E. Gluck has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. E. Gluck does not and cannot agree to consider or review every Submission. You are and shall remain solely responsible for the content of any Submission you make. Click here to view our Privacy Policy. Links This Site may contain links to other Sites. E. Gluck is not responsible for the availability of, or any content or material contained in, or obtained through, any such Sites. Any link to another Site, and reference to third-party information, products or services linked to this Site, is not, and should not be construed as, an express or implied endorsement by E. Gluck. Any questions or comments relating to such other Sites should be addressed to the operators of those Sites. Products The products depicted in this Site (“Products”) are representative of the E. Gluck collection. Not all Products that are shown in the Site are, or will be, available at all retail stores which carry Products. The style, designs and colors of the Products shown in this Site may be changed without notice. Prices All prices posted on this Site are subject to change without notice. Breach and Termination The Terms will continue to apply until terminated by either you or E. Gluck as set out below. If you want to terminate your legal agreement with E. Gluck, you may do so by notifying E. Gluck at any time and surrendering to E. Gluck all passwords, logins and/or non-public confidential and/or proprietary information. Your notice should be sent, in writing, to E. Gluck at generalinfo@egluck.com E. Gluck may at any time, terminate its legal agreement with you if: (1) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (2) E. Gluck is required to do so by law. When these Terms come to an end, all of the legal rights, obligations and liabilities between the parties shall be unaffected, and the Applicable Law set forth below shall continue to apply to such rights, obligations and liabilities indefinitely. You agree that you are solely responsible for (and that E. Gluck has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which E. Gluck may suffer) of any such breach. Disclaimer E. Gluck strives to provide accurate material on this Site. However, material in this Site may contain inaccuracies or typographical errors. E. Gluck shall not be liable or responsible for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through the Site. This Site and the information and material contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice. No Warranties This Site and the contents of this Site are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, E. Gluck makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms, or Trojan horses) or implied warranties or merchantability or fitness for a particular purpose, with respect to this Site or its contents and expressly disclaims any representations and warranties. You agree, by using this Site, that your use of this Site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this Site, and that E. Gluck shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this Site. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers or warranty may not apply to you. E. Gluck assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of this Site or any materials provided on this Site. Limitation of Liability In no event shall E. Gluck be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever. Even if E. Gluck has been previously advised of the possibility of such damages, whether in an action under contract tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on this Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to you. Applicable Law These Terms and your use of this Site shall be governed under the laws of the State of New York, without regard to its conflict of law principles. Any dispute arising under these Terms or out of your use of this Site shall be resolved exclusively by the state and federal courts of the State of New York, County of New York and/or the Southern District of New York. By using this Site, you hereby agree to the personal jurisdiction of, and venue in, such courts. Severed Provisions and Entire Agreement If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the subject matter. E. Gluck may modify these terms and conditions at any time and without notice.