These Terms and Conditions of Use constitute a legally binding agreement (the “Agreement”) between the users of this website (“you,” “your,” or “Customer”) and JewelScent, Inc (“we,” “us,” “our” or “Company”). By accessing or using this website or related websites, or ordering or purchasing any product (collectively the “Product”) through this website or related websites (collectively the “Website”), or related to your entry or attempted entry to the jewelry reveal sweepstakes, you are agreeing to be bound by, and are becoming a party to, this Agreement and official rules. If you do not agree to the terms of this Agreement, do not use the Website or order any Products. Your use of this Website means that you agree to the terms and conditions of this Agreement. If you do not agree to any of the terms and conditions of this Agreement and official rules, do not use our Website. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. Any such modifications shall become effective immediately upon the posting thereof. It is your sole responsibility to review this Agreement for changes prior to use of the Website or purchase of any Products.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. IF YOU DO NOT AGREE TO ARBITRATE YOUR CLAIMS AGAINST US, DO NOT USE THIS WEBSITE OR PURCHASE ANY PRODUCT. BY USING THIS WEBSITE, INCLUDING PURCHASING A PRDOUCT THROUGH THE WEBSITE, YOU AGREE ALL CLAIMS OR DUSIPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO SUCH USE MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. YOUR USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. PLEASE READ IT CAREFULLY.
These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this Agreement by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax, by accessing the Website, or purchasing any Products through the Website, whether you have read these terms or not. It is suggested that you print this Agreement for your personal records.
We strive to offer the best customer service for all our products. Please contact our Customer Service Department should you feel that you are not receiving the support and care that you deserve. You can reach the Customer Service Department by email at email@example.com or 800-550-1762.
The standard ground mail service is shipped via the combined services of the United States Postal Service (“USPS”) and United Parcel Service (“UPS”). Once an order is confirmed, please allow up to 3-5 business days for delivery. Shipping fees are a flat $6.95 for the first item in an order and an additional $2 per additional item. All shipments are sent via UPS/USPS First Class or Priority mail. Please be advised that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times. We do not refund or credit shipping charges for any shipments.
If you believe that you have been billed in error, please notify our Customer Service Department immediately. If we do not hear from you within 30 days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within thirty (30) days of its appearance on your credit card account statement.
You represent that you are at least 18 years of age and that you will not permit a person under 18 to access your account or otherwise order Products from our Website. You represent that the information provided by you when placing your order is up-to-date, materially accurate, and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You are not permitted to re-sell, re-distribute, or export any Product that you order from the Website.
You agree to pay for the Product and any taxes, shipping, or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery of the Product and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
To the maximum extent legally permitted, whether or not Company was aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose, our aggregate liability (whether for breach of contract, tort, or any other legal theory) shall in no circumstances exceed the cost of the products you ordered. Further, under no circumstances shall we be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover. The products are sold and delivered to you “as is” with no warranty whatsoever. Except as expressly stated otherwise herein, we make no express warranties or representations and we disclaim all implied warranties and representations, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
All services are provided on an "as is" and "as available" basis. The Company assumes no responsibility or liability for the timeliness of, deletion of content from or failure of the Website. The Company expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement or any warranty that: (a) Products or the Website will meet your requirements; (b) use of the Website will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the Products or Website will be accurate or reliable; (d) any content or information you provide or we collect will not be disclosed; or (e) any errors in the Website will be corrected. You agree that use of the Website and Products is at your own risk. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your Product. Such notices or communications (where properly addressed) shall be considered received on the earliest of: (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
We reserve the right to terminate your access to or use of this Website and/or your account should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts, or any other conduct designed to injure, harass, or disrupt this Website or the Company’s business operations.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud of any kind, which includes the use of multiple accounts which is strictly prohibited. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Multiple accounts per location are NOT allowed (based on IP Verification through our system) unless clearly identified as different people, for each account (as per regular account rules) as well as:
- Email is unique to each account (cannot be in same/similar name)
- Customer is able to submit Photo ID (scanned/emailed image) and proof of address if requested
- As per our “Fraud” policy, we reserve the right to cancel any suspected fraudulent accounts
If you purchase any Products available on our Website, you are solely responsible for paying any applicable sales tax.
The Website, and all content appearing therein, is the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish, or transmit any portion of the Website without Company’s prior written consent. When you purchase or order any Product through this website or from Company, you expressly agree that you do not have any license for the resale of any Product and that the resale of Product is expressly prohibited.
We offer the following process to help you resolve a complaint or Dispute that you may have with us, any Product, or use of this Website. Please read this section carefully. Our Customer Service Department, which you can reach at firstname.lastname@example.org or 800-550-1762, can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
Attention: Notice of Dispute
955 W. Imperial Highway
Brea, CA 92821
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, any Products offered or purchased from us, any transaction or relationship between us resulting from your use of the Website or purchase of any Products from us, communications between us, the purchase/order/use of our Products, or this Agreement – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
BY AGREEING TO ARBITRATE, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY AND ALL DISPUTES IN A COURT BEFORE A JUDGE OR JURY (EXCEPT SMALL CLAIMS COURT). INSTEAD, A NEUTRAL ARBITRATOR WILL RESOLVE ALL DISPUTES.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
You may also litigate any Dispute in Small Claims Court in the County of Orange, California, if the Dispute meets all requirements to be heard in the Small Claims Court. You can learn more about the Small Claims Court in the County of Orange by clicking here: http://www.occourts.org/directory/small-claims/. However, if you initiate a Small Claims case, you are responsible for all your court costs.
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Orange County in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
This notice is for users of the Website residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
• Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign without the written permission of Company.
• Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
• Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.
• No Waiver. No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
• Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
• Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
• Modifications. Company reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by Company in writing, you may not amend these terms and conditions in any way.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the Website. You may contact us at: email@example.com or 800-550-1762.
Terms and Conditions last modified on December 2015.
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