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JEWELRYCASTLE.COM INC
14 BOND STREET #364
GREAT NECK, NY 11021
Content is provided on the JewelryCastle.Com site on an "As is", "Where is", and "As available" basis. Although JewelryCastle.Com reserves the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, content, service, or merchandise presented herein (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any product information listed on the Web site. Further, we do not represent that the Web site will operate without interruption or error, nor do we provide any assurances of the availability or usability of the online shopping services.
Use of the site is entirely at your own risk. Except as expressly set forth below or in a written warranty that accompanies a product (and then only with respect to such product), JewelryCastle.com expressly disclaims all representations and warranties of any kind either express or implied (including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy and availability) regarding the site and any products offered or available through the site.
JewelryCastle.Com does not accept any liability for the consequences arising from the use, or misuse of any information contained herein, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise. In no event shall JewelryCastle.Com be liable for any incidental, consequential, punitive, or special damages, direct or indirect. Any liability on the part of JewelryCastle.Com shall not exceed the fees paid by the user for the particular information, service, or merhcandise provided. JewelryCastle.Com is not liable for the unauthorized use of our content by any other Web sites.
It is the goal of this site to make your online shopping experience enjoyable and effective by offering a wide selection of quality services, information, and products at affordable prices. These Terms of Use have been established to assure that our site remains a safe and non-offensive environment for all users. These terms, conditions, and policies apply solely to the use of JewelryCastle.Com. Read these Terms of Use carefully. Your use of this site legally binds you to the terms, conditions, and policies outlined below. You should periodically review these terms, conditions, and policies for any updates or changes. Your continued use of this site shall constitute notice and acceptance of any such changes.
You agree to use this site only for lawful purposes. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy this site will not be tolerated, including by means of hacking or defacing any portion of this site, or by engaging in spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on or through this site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to terminate or suspend your access to and use of this site, or parts of this site, without notice, if we believe, in our sole discretion, that it is in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user.
With respect to Your Purchase, you agree to provide true, accurate, current, and complete information about yourself. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your purchase without notice and refuse any and all current and future use of this site.
Jewelrycastle.com does not warrant that information contained on the site will be accurate, reliable or error free, or that errors will be corrected. Jewelrycastle.com cannot be held responsible for errors and omissions in the site and reserves the right to modify and correct errors at any time. We do not honor inaccurate or erroneous prices. Our prices are also subject to change without notice. Material on the site may also contain technical inaccuracies or typographical errors (including pricing errors), and may be changed, updated or modified at any time and from time to time without notice; jewelrycastle.com will not be held liable or responsible for any such inaccuracies, errors, changes, or updates. Jewelrycastle.com may in its sole discretion add, delete, or change some or all of its products and services at any time. Jewelrycastle.com has attempted to accurately depict the products offered on the site. However, because the depiction of a product is dependent on your computer monitor, JewelryCastle.com cannot guarantee that such depiction will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
All the content on this site is subject to trademark, service mark, copyright, and/or other intellectual property rights held by JewelryCastle.Com. All title and full intellectual property rights protected by US or international copyright laws are reserved for any materials downloaded or otherwise received from this site. We authorize you to view or download a single copy of the material on this site solely for your personal, noncommercial use if you include the following copyright notice: " © Copyright 2004 JewelryCastle.Com Inc. All rights reserved." along with any other copyright and proprietary rights notices that are contained in the content. Any trademark or copyright notices may not be deleted or altered in any way. Trademarks and copyrights may not be used in connection with any third party products or services.
Except as provided above or as permitted by the fair use privilege under US copyright laws, the user may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining express permission of the owner of the copyright or other proprietary right. No title, rights, or interests in any downloaded materials from this site are afforded you as a result of such downloading for personal, noncommercial use. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
JewelryCastle.Com owns all the content on this Web site, including text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material.
As stated above, content provided and transmitted on this Web site may be used for personal, informational, and noncommercial shopping purposes only, provided that there are no specific restrictions displayed prohibiting such use. Copying, publishing, broadcasting, rebroadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating derivative works of this content, or posting this content or selected portions of this content in any manner on any network computer, broadcast media, or other technologies existing now or hereinafter developed for unauthorized publication or commercial use without the prior written consent of JewelryCastle.Com is strictly prohibited. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any commercial purposes any portion of this site, use of this site, or access to this site, or to collect any information about site visitors.
You hereby agree to indemnify and hold us, and our officers, directors, agents, partners, and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the content on this site, or any content you submit, post, or transmit through this site, your use of this site, your connection to this site, your violation of these Terms of Use, or your violation of any rights of another. Neither JewelryCastle.com nor any of its respective officers, employees, agents, directors, representatives, shareholders, predecessors, successors, or assigns (collectively, 'affiliates') will be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever arising directly or indirectly from use of the site, the information contained on or transmitted from the site or products available or purchased through the site, or transactions conducted at the site, even if JewelryCastle.com has been advised of the possibility of such damages or losses. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages so the above limitation or exclusion may not apply to you. In no event shall the total liability of JewelryCastle.com or its affiliates arising directly or indirectly from this site or any products available or purchased through the site exceed the lesser of the amount paid by you to JewelryCastle.com for the single product at issue, or one thousand dollars ($1,000). You hereby acknowledge that all the provisions of this section will apply to all use of the site, the information contained on the site, and products available or purchased through the site, and transactions conducted at the site.
This site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. We reserve the right to terminate such links at any time. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
In addition to the rights and privileges described in the terms, conditions, and policies outlined above, we further reserve the right to elect to electronically monitor areas of our site and may disclose any content, records, or electronic communication of any kind if required to do so by any law, regulation, or government request, if such disclosure is necessary or appropriate to operate the site, or to protect our rights or property, or the rights of the users. If alerted to allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from this site.
Quality customer service is our top priority. References to or descriptions or images of products or services on this site should not be interpreted as endorsements of such products or services. Resale of products or services purchased in connection with this site is specifically prohibited. We reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell said products. Verification of information may be required prior to our acceptance of any order. We further reserve the right to limit quantities of items purchased by each customer. Price, quantity, and availability of any product or service are subject to change without notice. In general, offers on this site are good only while supplies last.
We control this site from our corporate offices within the United States of America. By accessing and using this site you agree that such access and use is subject to the terms, conditions, and policies outlined above as well as applicable laws, as governed and interpreted pursuant to the laws of the state of New York. Our failure to insist upon strict performance of any provision of these terms, conditions, and policies shall not be construed as an implicit waiver of any provision or right.
If any part of this agreement is ruled to be unenforceable, then such part shall be severed, with the remainder of the agreement remaining in full force and effect. These terms, conditions, and policies constitute the entire agreement between you and JewelryCastle.Com governing your use of this site. As stated above, your use of this site is also subject to our Privacy Policy.
Subject to the following arbitration provision these terms and conditions shall be governed by, construed and interpreted according to the laws of the state of New York, and you and JewelryCastle.com (the 'parties') agree to and consent to the exclusive jurisdiction and venue of the courts in Nassau County, New York. Should a dispute arise between the parties which cannot be resolved by the parties in good faith negotiations, both parties agree to submit such dispute to arbitration in Nassau County, New York, before a single arbitrator familiar with the uniform commercial code using the commercial rules of the American Arbitration Association, with the following modifications to be enforced by the arbitrator consistent with New York law: (a) any such arbitration proceeding shall be confidential as to the existence, content, and results of the arbitration; (b) depositions shall not exceed two (2) per party and all must be completed within a single day; (c) document requests are limited to no more than ten (10) clearly identified categories of documents which must be provided to the requesting party within five (5) business days of the request; (d) each party shall have no more than eight (8) hours to present its position; and (e) the entire hearing shall last no longer than three (3) business days. The award, if any, shall be rendered no more than thirty (30) days following the end of the proceeding. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Both parties expressly agree that any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall bear its own attorneys' fees and costs in connection with the proceedings and shall share equally the fees and expenses of the arbitrator.
These terms, conditions, and policies are effective until terminated by either party. If you no longer agree to be bound by these terms and conditions, you must cease your use of this site. Your use of this site is at your sole risk. If you are dissatisfied with this site, its content, or any of these terms, conditions, and policies, your sole and exclusive legal remedy is to discontinue using this site.
Updated: August 25, 2004
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Copyright (c) 2010 JewelryCastle.com Inc. All Rights Reserved. .
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