JEWELRYOUTLETINC.COM TERMS AND CONDITIONS.
Welcome to the website provided by The Jewelry Outlet Inc etc. (collectively, “Jewelry Outlet”). This Agreement applies to all of the websites where it is posted (collectively “Jewelry Outlet Sites”). By using one of the Jewelry Outlet Sites, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. Additional terms and conditions apply to some services offered on the Jewelry Outlet Sites and may be found at the place where the relevant service is offered.
We may change the terms of this Agreement from time to time. By continuing to use any of the Jewelry Outlet Sites after we post any such changes, you accept the Agreement, as modified.
USE OF THE JEWELRY OUTLET SITES
You certify that the information you provide on the Jewelry Outlet Sites is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify Jewelry Outlet immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Jewelry Outlet Sites, or any portion of the Jewelry Outlet Sites, at any time without notice.
We may sell products for children’s use; however, these products are intended for selling to adults. If you are under the age of majority in your jurisdiction, you may use the Jewelry Outlet Sites only with involvement of a parent or guardian. Individuals may use the Jewelry Outlet Sites to create gift or wish lists for individuals, including children under the age of 13 by making product selections for the child; additional personally identifiable information about the child should not be provided.
You are prohibited from:
- Violating or attempting to violate the security of the Jewelry Outlet Sites;
- Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Jewelry Outlet Sites; or
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Jewelry Outlet or other third party web browsers) to navigate or search the Jewelry Outlet Sites.
ORDER ACCEPTANCE AND BILLING
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order, we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. Jewelry Outlet may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will generally be charged for your order, at the time of the order being placed (checkout of shopping cart). In some cases, you may not be charged for some orders until the order has shipped, and you will be notified when this happens.
Jewelry Outlet reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. Jewelry Outlet also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Jewelry Outlet for the purpose of engaging in a commercial sale of that same product(s) with a third party.
Pricing errors may occur on the Jewelry Outlet Sites. Jewelry Outlet reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Jewelry Outlet. Jewelry Outlet may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
SHIPPING AND DELIVERY
Delivery of items purchased from Jewelry Outlet Sites to addresses outside of the United States is limited. Delivery times are determined based upon the method of shipping chosen when items are purchased and the destination of the items. For more on our shipping see our Shipping Guidelines.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) are owned, controlled or licensed by Jewelry Outlet, one of its affiliates or by third parties who have licensed their materials to Jewelry Outlet and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Jewelry Outlet Sites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Jewelry Outlet Sites or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Jewelry Outlet Sites or any related software. All software used on the Jewelry Outlet Sites is the property of Jewelry Outlet or its suppliers and protected by U.S. and international copyright laws. The IP and software on the Jewelry Outlet Sites may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Jewelry Outlet Sites is the exclusive property of Jewelry Outlet and is also protected by U.S. and international copyright laws.
JewelryOutletInc.com names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Jewelry Outlet Sites are trademarks or trade dress of Jewelry Outlet in the U.S. and other countries. All other marks are the property of their respective companies.
We have made significant efforts to accurately display the colors of products that appear on the Jewelry Outlet Sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish.
You agree to defend, indemnify, and hold harmless Jewelry Outlet and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Jewelry Outlet Sites or any breach by you of this Agreement.
This Agreement is effective unless and until terminated by either you or Jewelry Outlet. You may terminate this Agreement at any time, provided that you discontinue any further use of the Jewelry Outlet Sites. Jewelry Outlet also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Jewelry Outlet Sites, if in Jewelry Outlet’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Jewelry Outlet, you must promptly destroy all materials downloaded or otherwise obtained from the Jewelry Outlet Sites, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Use of the Jewelry Outlet Sites,” “Order Acceptance and Billing,” “Pricing Information,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” and “General.”
This site is provided by Jewelry Outlet on an “as is” and “as available” basis. Jewelry Outlet makes no representations or warranties of any kind, express or implied, as to the operation of the Jewelry Outlet sites or the information, content, materials, or products included on the Jewelry Outlet sites. To the full extent permissible by applicable law, Jewelry Outlet disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Jewelry Outlet disclaims any and all warranties, express or implied, for any merchandise offered on the Jewelry Outlet sites. You acknowledge, by your use of the Jewelry Outlet sites, that your use of the Jewelry Outlet sites is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.
LIMITATION OF LIABILITY
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Jewelry Outlet or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Jewelry Outlet sites, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Jewelry Outlet has been advised of or should have known of the possibility of such damages. Subject to the foregoing, in no event will Jewelry Outlet be liable for any damages in excess of the fees paid by you in connection with your use of the Jewelry Outlet sites during the six month period preceding the date on which the claim arose.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Jewelry Outlet to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Jewelry Outlet’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Arizona law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Jewelry Outlet Sites must be brought in the state or federal courts of Arizona and you consent to the exclusive personal jurisdiction of such courts.