Terms of Use

Last updated: July 21, 2019

Welcome to MarcusSherman.com (the “Website”). Marcus Sherman and/or its affiliates (“Marcus Sherman”) provide website features and other products and services to you when you visit or shop at the Websites, use Marcus Sherman products or services, use Marcus Sherman applications for mobile, or use software provided by MARCUS SHERMAN in connection with any of the foregoing (collectively, the “MARCUS SHERMAN Services”). MARCUS SHERMAN provides the MARCUS SHERMAN Services subject to the following conditions. By using MARCUS SHERMAN Services, you agree to these conditions. Please read them carefully. We offer a wide range of MARCUS SHERMAN Services, and sometimes additional terms may apply. When you use a MARCUS SHERMAN Service (for example, My Account, Gift Certificates or MARCUS SHERMAN applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that MARCUS SHERMAN Service (Service Terms). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. 

Privacy
Please review our Privacy Notice, which also governs your use of MARCUS SHERMAN Services, to understand our practices.

Electronic Communications
When you use any MARCUS SHERMAN Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Marcus Sherman Services, and you can retain copies of these communications for your records. 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 MARCUS SHERMAN Service, such as text, graphics, logos, button icons, images, audio and video clips, and data compilations and software, is the property of MARCUS SHERMAN 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 MARCUS SHERMAN Service is the exclusive property of MARCUS SHERMAN and protected by U.S. and international copyright laws. 

Trademarks
SHOPMARCUS SHERMAN, SHOPMARCUS SHERMAN.COM, MARCUS SHERMAN, MARCUS SHERMAN-BASICS, MARCUS SHERMAN BIJOUX, EAST DANE, MarcusSherman.com, and other MARCUS SHERMAN graphics, logos, page headers, button icons, scripts, and service names included in or made available through any MARCUS SHERMAN Service are trademarks or trade dress of MARCUS SHERMAN in the U.S. and other countries. MARCUS SHERMAN’s trademarks and trade dress may not be used in connection with any product or service that is not MARCUS SHERMAN’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MARCUS SHERMAN. All other trademarks not owned by MARCUS SHERMAN that appear in any MARCUS SHERMAN Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MARCUS SHERMAN.

License and Site Access
Subject to your compliance with these Conditions of Use and any Service Terms, MARCUS SHERMAN grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the MARCUS SHERMAN Services. This license does not include any resale or commercial use of any MARCUS SHERMAN Service or its contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any MARCUS SHERMAN Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; 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 MARCUS SHERMAN or its licensors, suppliers, rightsholders, or other content providers. No MARCUS SHERMAN Service, nor any part of any MARCUS SHERMAN Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MARCUS SHERMAN. 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 MARCUS SHERMAN without express written consent. You may not use any meta tags or any other “hidden text” utilizing MARCUS SHERMAN’s name or trademarks without the express written consent of MARCUS SHERMAN. You may not misuse the MARCUS SHERMAN Services. You may use the MARCUS SHERMAN Services only as permitted by law. The licenses granted by MARCUS SHERMAN terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account
If you use any MARCUS SHERMAN 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. MARCUS SHERMAN does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the MARCUS SHERMAN Services only with involvement of a parent or guardian. MARCUS SHERMAN reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, videos, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. MARCUS SHERMAN reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant MARCUS SHERMAN a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MARCUS SHERMAN and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MARCUS SHERMAN for all claims resulting from content you supply. MARCUS SHERMAN has the right but not the obligation to monitor and edit or remove any activity or content. MARCUS SHERMAN takes no responsibility and assumes no liability for any content posted by you or any third party. 

Copyright Complaints
MARCUS SHERMAN respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Risk of Loss
All items purchased from MARCUS SHERMAN are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns, Refunds and Title
MARCUS SHERMAN does not take title to returned items until the item arrives at our returns center. At our discretion, a refund may be issued without requiring a return. In this situation, MARCUS SHERMAN does not take title to the refunded item. For more information about our returns and refunds, please see USA Returns and International Returns in our Customer Service pages.

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

Pricing
With respect to items sold on the Websites, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process. 

Marcus Sherman Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with MARCUS SHERMAN Services (the “MARCUS SHERMAN Software”).

APP PERMISSIONS
When you use apps created by MARCUS SHERMAN, such as the ShopMarcus Sherman App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY
You may not use any MARCUS SHERMAN Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using MARCUS SHERMAN Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including MARCUS SHERMAN Software), technology, and services. 

OTHER BUSINESSES
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. MARCUS SHERMAN does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MARCUS SHERMAN SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARCUS SHERMAN SERVICES ARE PROVIDED BY MARCUS SHERMAN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MARCUS SHERMAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MARCUS SHERMAN SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARCUS SHERMAN SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MARCUS SHERMAN SERVICES IS AT YOUR SOLE RISK. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARCUS SHERMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARCUS SHERMAN DOES NOT WARRANT THAT THE MARCUS SHERMAN SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARCUS SHERMAN SERVICES, MARCUS SHERMAN’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OR ON BEHALF OF MARCUS SHERMAN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS TO THE FULL EXTENT PERMISSIBLE BY LAW, MARCUS SHERMAN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MARCUS SHERMAN SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MARCUS SHERMAN SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 

Applicable Law
By using any MARCUS SHERMAN Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, 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 MARCUS SHERMAN.

Disputes
Any dispute or claim relating in any way to your use of any MARCUS SHERMAN Service, or to any products or services sold or distributed by MARCUS SHERMAN or through the Websites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. 

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. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

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 Marcus Sherman Services. We reserve the right to make changes to our site, policies, Service Terms, 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. 

Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MARCUS SHERMAN’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying MARCUS SHERMAN that your copyrighted material has been infringed. MARCUS SHERMAN terminates the accounts of repeat infringers.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Marcus Sherman Copyright Agent for notice of claims of copyright infringement on the Websites can be reached as follows: 
e-mail: copyright@marcussherman.com

Additional MARCUS SHERMAN Software Terms

  1. Use of the MARCUS SHERMAN Software. You may use MARCUS SHERMAN Software solely for purposes of enabling you to use and enjoy the MARCUS SHERMAN Services as provided by MARCUS SHERMAN, and as permitted by the Terms of Use and any Service Terms. You may not incorporate any portion of the MARCUS SHERMAN Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (expect to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the MARCUS SHERMAN Software in whole or in part. All software used in any MARCUS SHERMAN Service is the property of MARCUS SHERMAN or its software suppliers and protected by the United States and international copyright laws.
  2. Use of Third Party Services. When you use the MARCUS SHERMAN 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 reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the MARCUS SHERMAN Software, whether in whole or in part.
  4. Updates. In order to keep the MARCUS SHERMAN Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
  5. Government End Users. If you are a U.S. Government end-user, we are licensing the MARCUS SHERMAN 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 MARCUS SHERMAN Software are the same as the rights we grant to all others under these Conditions of Use.
  6. Export Regulations; Conflict. In the event of any conflict between these Conditions of Use and any other MARCUS SHERMAN or third-party terms applicable to any portion of MARCUS SHERMAN Software, such as open-source license terms, such other terms will control as to that portion of the MARCUS SHERMAN Software and to the extent of the conflict.