Terms of Use
Pristine Regal Jewelers
Last revised May 25, 2016
These
Terms of Use are entered into by and between You and Pristine Regal
Jewelers ("Company," "we," or "us"). The following terms and conditions,
along with any documents expressly incorporated by reference
(collectively "Terms of Use"), govern your access to and use of all
Pristine Regal Jewelers online and digital activities and all other
sites, mobile sites, services, applications, platforms, and tools where
these Terms of Use appear or are linked (collectively "Website").
Acceptance of the Terms of Use
By
using the Website, you accept and agree to be bound and abide by these
Terms of Use and our Privacy Policy , incorporated herein by reference.
If you do not agree to these Terms of Use or our Privacy Policy, you may
not access or use the Website. Certain areas within the Website may be
governed by additional terms ("Additional Terms"), incorporated herein
by reference. By using those areas of the Website, you agree to the
Additional Terms.
Changes to these Terms of Use
At
the Company/s sole discretion, we may revise, update, modify, or
discontinue any part of these Terms of Use, in whole or in part, at any
time, by posting revised terms on the Website. We will notify you of
such changes by posting the modified version on our Website and
indicating the date it was last modified, and, if the changes are
significant, we will provide a more prominent notice (including by email
in certain instances). The date these Terms of Use were last modified
is at the top of this page. We encourage you to visit our Website
periodically to view the latest version of these Terms of Use. All
changes are effective immediately and apply to all access to and use of
the Website thereafter. Your continued use of the Website after the
revised Terms of Use are posted on the Website means that you accept and
agree to the changes and updated Terms of Use.
Features and Functionality Provided by Third Parties; Third Party Items
Certain
of the content, features and functionality on the Website may be
provided by third parties (collectively, "Third Party Providers"). Your
use of and interaction with such content, features and functionality
(collectively, "Third Party Content") may be subject to separate terms
and conditions. In such event, you acknowledge that these Terms of Use
will not apply to your use of the Third Party Content and that you will
be subject to and comply with the terms of use offered by such Third
Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR
OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF
THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION
AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE
BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US
Use of Website
This
Website is offered and available to users who are 13 years of age or
older and reside in the United States or any of its territories or
possessions. If you are under the age of 18, you may use this Website
only with the involvement of a parent or guardian. By using this
Website, you represent and warrant that you are of capacity to form a
binding contract with the Company and meet all of the foregoing
eligibility requirements.
To access the Website or some of the
resources it offers, you may be asked to provide certain registration
details or other information. You acknowledge and agree that all
information you provide to register with this Website or otherwise
provide through the Website, including but not limited to through the
use of any interactive features on the Website, is accurate, current and
complete. Our use of your information is governed by our Privacy
Policy, and you consent to all actions we take with respect to your
information consistent with our Privacy Policy.
If you choose, or
are provided with, a user name, password or any other information as
part of our secure account registration, you must treat such information
as confidential, and you must not disclose it to any other person or
entity. You also acknowledge and agree that your account is personal to
you and that you are responsible for all activity that occurs through
your account. If any unauthorized access to or use of your user name or
password or any other breach of security occurs, you must notify us
immediately. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to
view or record your password or other personal information.
We
have the right to disable any user name, password or other identifier,
whether chosen by you or provided by us, block access to our Website, or
refuse service to you at any time at our sole discretion for any or no
reason, including if, in our opinion, you have violated any provision of
these Terms of Use
Trademarks, Copyrights and Patents
All
trademarks, logos, and service marks displayed on the Website, are
registered and unregistered trademarks of Company, its affiliates,
licensors, content providers or other third parties. All of these
trademarks, logos and service marks are the property of their respective
owners. You may not use such marks without the prior written permission
of the Company, or the owner of the marks. We reserve all rights not
expressly granted in and to the Website and its content. This Website
and all of its content, including but not limited to text, design,
graphics, interfaces and code, and the selection and arrangement thereof
(collectively, "Content"), is owned by Company and its licensors, and
protected by U.S. and international copyright laws. All products
displayed on our Website are protected by copyright and/or patents owned
by Company and its licensors.
Limited License
Company
grants you a limited license to access and make personal use of the
Website and Content for your personal, noncommercial use and only to the
extent that such use does not violate these Terms of Use. Any
downloading or copying of the Content herein is permitted for such
personal, noncommercial use only, provided you do not modify or alter
the Content in any way. No right title, or interest in any Content is
transferred to you upon copying or downloading, and Content may not be
transferred, reproduced, retransmitted or otherwise distributed or
displayed, in whole or part.
You may not use any trademarks,
logos, service marks, or Content on this Website for commercial use
without obtaining prior written authorization from the owner. If you
wish to make any use of material on the Website other than as expressly
permitted in this section, please send your request by Contacting Us.
Prohibited Uses
You agree not to use the Website:
In
any way that violates any applicable federal, state, local or
international law or regulation (including, without limitation, any laws
regarding the export of data or software to and from the United States
or other countries).
To transmit, or procure the sending of, any
advertising or promotional material, without our prior written consent,
including any "junk mail," "chain letter," "spam" or any other similar
solicitation.
To impersonate or attempt to impersonate the Company, a
Company employee, another user or any other person or entity,
including, without limitation, by using e-mail addresses or screen names
associated with any of the foregoing.
To harvest or collect information about other users of the Website.
To
engage in any other conduct that restricts or inhibits anyone's use or
enjoyment of the Website, or which, as determined by us, may harm the
Company or users of the Website or expose them to liability.
To make
any use of data extraction, scraping, mining, or other data gathering
tools, or create a database by systematically downloading or storing
Site content, or otherwise scrape, collect, store, or use any Content,
product listings, descriptions, prices, or images, except pursuant to
the limited license granted by these Terms of Use.
Additionally, you agree not to:
Use
the Website in any manner that could disable, overburden, damage, or
impair the site or interfere with any other party's use of the Website,
including their ability to engage in real time activities through the
Website.
Use any robot, spider or other automatic device, process or
means to access the Website for any purpose, including monitoring or
copying any of the material on the Website.
Use any manual process to
monitor or copy any of the material on the Website or for any
unauthorized purpose without the Company's prior written consent.
Use any meta tags or any other hidden text utilizing Company's name or marks.
Use a buying agent to conduct transactions on the Website.
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt
to gain unauthorized access to, interfere with, damage or disrupt any
parts of the Website, the server on which the Website is stored, or any
server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The
Website may contain product reviews, discussion forums, and other types
of user generated content, or other areas or services where you or
third parties may create, post, or store any content, messages, or other
material on the Website (collectively "User Contributions"). Company
neither endorses nor is responsible for any opinion, advice,
information, or statements made by third parties. Company will not be
liable for any loss or damage caused by your reliance on User
Contributions.
Any User Contributions you post to the Website
will be considered non-confidential and non-proprietary. By posting User
Contributions on the Website, you grant Company and its affiliates,
service providers, licensees, successors and assigns a non-exclusive,
sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free,
transferable right and the right to use, reproduce, modify, perform,
display, distribute and otherwise disclose to third parties any such
material for any purpose. You acknowledge and agree that we reserve the
right (but have no obligation) to do any or all of the following, in our
sole discretion: (i) monitor User Contributions; (ii) alter, remove, or
refuse to post or allow to be posted any User Contributions; (iii)
disclose any User Contributions, and the circumstances surrounding its
transmission, to any third party; and (iv) take appropriate legal
action, including without limitation, referral to law enforcement, for
any illegal or unauthorized use of the Website. YOU AGREE TO INDEMNIFY,
DEFEND AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, SERVICE
PROVIDERS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING
FROM YOUR USE OR MISUSE OF THE WEBSITE.
You represent and warrant that:
You
own or control all rights in and to your User Contributions and have
the right to grant the license set forth above to us and our affiliates
and service providers, and each of their and our respective licensees,
successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You
understand and acknowledge that you are responsible for any User
Contributions you submit or contribute, and you, not the Company, have
full responsibility for your User Contributions, including their
legality, reliability, accuracy and appropriateness. We are not
responsible, or liable to any third party, for the content or accuracy
of any User Contributions posted by you or any other user of the
Website.
Content Standards
These content
standards apply to any and all User Contributions. User Contributions
must in their entirety comply with all applicable federal, state, local
and international laws and regulations and these Terms of Use. Without
limiting the foregoing, User Contributions must not:
Contain any
material which is inaccurate, deceptive, misleading, defamatory,
obscene, indecent, abusive, offensive, harassing, violent, hateful,
inflammatory or otherwise objectionable.
Promote sexually explicit or
pornographic material, violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other right of any other person.
Violate
the legal rights (including the rights of publicity and privacy) of
others or contain any material that could give rise to any civil or
criminal liability under applicable laws or regulations or that
otherwise may be in conflict with these Terms of Use or our Privacy
Policy.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Information About You and Your Visits to the Website
All
information we collect on this Website is subject to our Privacy
Policy. By using the Website, you consent to all actions taken by us
with respect to your information as set forth in our Privacy Policy .
Online Purchases
If
you wish to purchase any goods or services made available through the
Website (each such purchase, a "Transaction"), you may be asked to
supply certain information relevant to your Transaction including,
without limitation, your bank account information, credit card number,
the expiration date of your credit card, your billing address, and your
shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL
RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN
CONNECTION WITH ANY TRANSACTION. By submitting such information, you
grant to Company the right to provide such information to third parties
for purposes of facilitating the completion of any Transaction initiated
by you or on your behalf. Verification of information may be required
prior to the acknowledgment or completion of any Transaction.
All
descriptions, images, references, features, content, specifications,
products, and prices of products and services described or depicted on
the Website are subject to change at any time without notice. Certain
weights, measures, and other descriptions are approximate and are
provided for convenience purposes only. The inclusion of any products or
services on the Website does not guarantee that these products or
services will be available. It is your responsibility to ascertain and
obey all applicable local, state, federal, and international laws
(including minimum age requirements) in regard to the receipt,
possession, use, and sale of any item purchased from this Website. By
placing an order, you represent that the products ordered will be used
only in a lawful manner. Company reserves the right, with or without
prior notice, to: (i) limit the available quantity of or discontinue any
goods or services; (ii) impose conditions on the honoring of any
coupon, coupon code, promotional code, or other similar promotion; (iii)
bar any user from making or completing any or all Transaction(s);
and/or (iv) refuse to provide any user with any product or service. You
agree to pay all charges that may be incurred by you or on your behalf
through the Website, at the price(s) in effect when such charges are
incurred including, without limitation, all shipping and handling
charges. In addition, you remain responsible for any taxes that may be
applicable to your Transactions.
Company or our agents may call
or text you regarding your account or your Transactions, as set forth in
our Privacy Policy [insert live link] and applicable Additional Terms.
You agree that we may place such calls or texts using an automatic
dialing/announcing device, and that we may make such calls or texts to a
mobile telephone or other similar device. You agree that we may, for
training purposes or to evaluate the quality of our service, listen to
and record phone conversations you have with us.
Product Images
We
have attempted to accurately depict the colors and details of the
products offered on this Website. However, because the color and product
details you see is dependent on your computer monitor, we cannot
guarantee that the color and details that you see 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.
Pricing, Availability, and Accuracy
Company's
acknowledgement of an order means that your order request has been
received; it does not mean that your order has been accepted or shipped
or that the price or availability of an item has been confirmed. Company
makes a conscientious effort to describe and display its products and
services accurately on the Website. Despite these efforts, a small
number of items on the Website may be mispriced, described inaccurately,
or unavailable, and we may experience delays in updating information on
the Website and in our advertising through other media. As a result, we
cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications,
availability, and services. Company reserves the right to change or
update information and to correct errors, inaccuracies, or omissions at
any time without prior notice. We apologize for any inconvenience.
Returns
If
you are not fully satisfied with your purchase, you may return it in
accordance with our Return Policy , incorporated herein by reference.
Disclaimer of Warranties
You
understand that we cannot and do not guarantee or warrant that files
available for downloading from the internet or the Website will be free
of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy of data
input and output, and for maintaining a means external to our site for
any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR
OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER
EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO
YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY
WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY
NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE,
ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR
SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR
PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN
NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR
DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES
LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES,
INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN
AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS,
LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL,
LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH
OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT
AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
Disputes
READ THIS SECTION
CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND COMPANY
MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
Agreement to Arbitrate
You
and Company agree that any claim or dispute at law or equity that has
arisen or may arise between us relating in any way to this or previous
versions of these Terms of Use, your use of the Website, or to any
products or services sold or distributed by us or through the Website
will be resolved by binding arbitration, rather than in court, except
that you may assert claims in small claims court if your claims qualify
and the case proceeds as an individual (non-class, non-representative)
case. The Federal Arbitration Act applies to this agreement.
There
is no judge or jury in arbitration, and court review of an arbitration
award is limited. However, an arbitrator can award on an individual
basis the same damages and relief as a court (including injunctive and
declaratory relief or statutory damages), and must follow these Term of
Use as a court would.
Prohibition of Class, Representative, and Consolidated Actions
You
and Company agree that each of us may bring claims against the other
only on an individual basis and not as a plaintiff or class member in
any purported class or representative action. Unless both you and
Company agree otherwise, the arbitrator may not join more than one
party's claims, and may not adjudicate or determine any form of a
representative, class, or consolidated proceeding. The arbitrator may
award relief (including monetary, injunctive, and declaratory relief)
only in favor of the individual party bringing the claim, if such relief
is warranted by the facts and law. Any relief awarded by the arbitrator
will not affect other Company customers.
If for any reason a
claim proceeds in court rather than in arbitration both you and Company
each waive any right to a jury trial. You and Company also both agree
that you or we may bring suit in court to enjoin infringement or other
misuse of intellectual property rights.
Severability
If any portion of these Terms of Use is unlawful, void or unenforceable, the remaining provisions will remain in place.
Entire Agreement
The
Terms of Use, Privacy Policy, Return Policy, and all Additional Terms,
constitute the entire agreement between you and the Company with respect
to the Website and supersede all prior and contemporaneous
negotiations, agreements, proposals and understandings both written and
oral, with respect to the Website.
the GET HOLIDAY – READY event
It’s the year to start, your satisfaction first.