Terms and Conditions
PLEASE READ THIS AGREEMENT. BY USING THIS WEBSITE YOU CONSENT TO ALL THE TERMS AND CONDITIONS OF THE FOLLOWING TERMS AND CONDITIONS.
This Terms of Service Agreement (the "Agreement") regulates your use of this website, jewelonme.com (the "Website"), JEWELONME, Inc ("Business Name") and purchase any products available on the website. JEWELONME can change the terms and conditions at any given time and posting updated information on the current website. If you don't follow this agreement, you can't use the website.
I. PRODUCTS & PAYMENT
Terms of Offer. JEWELONME is an online marketplace. This Website offers for sale jewelry products (the "Products"). By ordering Products through this Website, you agree to the terms that are set in this Agreement.
We describe every product or service offered on our website as accurately as possible. However, the products listed on this website representing various brand companies or individuals ("Sellers") do not guarantee that product listing is accurate and current, including but limited to prices, shipping time, or quantity. If there is an error or the product description doesn't match the listing, please contact our
Customer Service Team. Unless otherwise noted, the displayed price of products from any individual seller on JEWELONME represents the current product price, not including any shipping charges, taxes, or processing fees that may be required.
Your payments may be processed by a Third Party Service, such as shopify.com. Your credit card or PayPal account will be charged as soon as you submit your order.
Our Service contains content from and hyperlinks to websites operated and owned by third parties, including payment processors, such as shopify.com (collectively, "Third Party Services"). If you choose to interact with any such Third Party Services, you do so at your own risk.
Proprietary Rights. JEWELONME sellers or Me has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell, or redistribute any Product listed on this website.
Sales Tax. You will be responsible for paying applicable sales tax.
Content; Intellectual Property; Third-Party Links. In addition to listing Products, this Website also offers information and marketing materials. Unauthorized use of the material may be in violation of laws. Your use of
the content on this Website can be for personal, noncommercial use only. JEWELONME is not responsible for the content of or any damage that may result from your access to or reliance on third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; JEWELONME is not responsible for any damages resulting from the use of this website by anyone. You will (1) comply with all applicable laws and regulations while using the Website, (2) not disrupt the use and of the Website by other users, (3) not resell material on the Website, (4) not engage in the transmission of spam, or any other type of unwanted communication, and (5) not harass, abuse, or disrupt other users of the Website.
License. By using this Website, you are acquiring a limited, non-exclusive, non-transferable right to use the content of the Website in connection with your normal use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from JEWELONME or Sellers.
Posting. By posting, storing, or transmitting any content on the Website, you grant JEWELONME a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use in any lawful way content in any
form, in all media now known or hereinafter created, anywhere in the world. JEWELONME does not control the nature of the user-generated content offered through the Website. You are responsible for your contacts with other users of the Website and any content you post.
Account. Certain features of the Website can require you to register an account. By registering an account or making a purchase through our Service, you agree to: (i) provide accurate and complete information; (ii) promptly update your account and other information, (iii) protect and prevent unauthorized access to your account; (iv) not transfer your account with any third party; and (v) notify us of any unauthorized use of your account or compromised security. Please note that we are not responsible for any loss or damage to you or any third party resulting from your failure to comply with any of the foregoing obligations.
Communications. E-mails: You can opt-out of receiving e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link or contacting us here with the word UNSUBSCRIBE in the subject field of the e-mail. Your opt-out will not affect ongoing business relations.
Restrictions. You may not use the Service or buy Products unless you are at least thirteen (13) years old.
You may not: (i) use the Service, buy Products or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Service, Product or Content that is illegal, and/or harmful; (iii) harvest any information; (iv) reverse engineer or modify the Product or Content; (v) interfere with the normal operation of or any security measure; (vi) infringe any intellectual property or other rights of any third party; (vii) use the Service, Product or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms or any applicable Additional Terms.
You agree to comply with all laws and regulations that apply to your use of the Service, Product, and Content.
III. DISCLAIMER OF WARRANTIES
Your use of this website and/or products are at your sole risk. The products are offered "as is" and on "as available" basis.JEWELONME makes no representations or warranties of any kind, expressed or implied, as to the performance or operation of services or the information, content, materials, or products made available to you by using the site. You expressly agree that your use of JEWELONME is at your sole risk.
Without limiting the generality of the foregoing, JEWELONME makes no warranty:
- that the information on this website is relevant, reliable, complete, and timely.
- that the links to third-party websites are to information that is relevant, reliable, complete, or timely.
- no advice or information, obtained by you from this website will create any warranty not expressly stated in this Agreement.
- as to the results that may be obtained from the use of the products or that defects in products will be corrected.
- regarding any products purchased through the website.
JEWELONME or Sellers entire liability, and your exclusive remedy, in law, inequity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
JEWELONME will not be responsible for any damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2)
products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
You will release, indemnify and defend JEWELONME and any of its agents from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products; (4) any intellectual property or other proprietary rights of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information you supplied to JEWELONME. When JEWELONME is threatened with suit or sued by a third party, JEWELONME may seek written assurances from you concerning your promise to indemnifyJEWELONME; your failure to give such assurances may be considered by JEWELONME to be a material breach of this
Agreement. JEWELONME will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend JEWELONME against any claim, but you must receive JEWELONME prior written agreement regarding any related settlement. The terms of this provision will survive any termination of this Agreement or your use of the Website or Products.
VII. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you agree to join this Agreement and all terms and conditions on this Website.
Force Majeure. JEWELONME will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to force majeure.
Cessation of Operation.JEWELONME may at any time cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and JEWELONME and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of JEWELONME to exercise or enforce any right or provision of this Agreement will not mean that such right or provision is waved. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the partie's intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law. Any claim against JEWELONME in relation to our Marketplace shall be adjudicated in a court in New York, New York, and you agree to the exclusive jurisdiction of these courts. This agreement shall be governed by New York state law without regard to conflict of laws
laws and principles thereof.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one year after such action arose or be forever barred.
Waiver of Class Action Rights. By joining this agreement, you hereby waive any right you may have to join a claim with those of others in the form of a class action or similar procedure.
Termination. JEWELONME has the right to cancel your access to the Website if it has a reason to believe, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website, and JEWELONME may cancel any outstanding orders for Products. If your access to the Website is denied, JEWELONME has the right to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until JEWELONME chooses, in its sole discretion and without advance to you, to terminate it.
International Issues. JEWELONME controls and operates the Service from the U.S. The Service is not for use outside the U.S. You agree that the United Nations Conventions on Contracts for the International Sale of Goods do not apply to these Terms.