Terms and Conditions
Welcome to the JewelSmiths Website (www.JewelSmiths.net). The purpose of this Website is to provide you with information on our company, an avenue to communicate with us, and a way to acquire products and services online. These terms and conditions apply to your use of all of the sites and services owned or operated by JewelSmiths, and any other site that we may own in the future (collectively, "JewelSmiths"). In exchange for exercising the ability to access, browse, and/or use this Website, you agree to abide by the terms and conditions below, in their entirety. USING THIS WEBSITE INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS NOTICE AND HAVE AGREED TO ITS TERMS AND CONDITIONS.
Contact Information
Updates. JewelSmiths may at any time revise these Terms and Conditions by updating this posting without prior notice to you. By using this site after we post any changes to these terms and conditions, you agree to accept those revisions, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site.
PRIVACY
Please review the Privacy Policy which governs your visit to our site, your agreement to these terms and conditions includes an agreement to abide by the Privacy Policy.
COPYRIGHT
Notice. This Website contains proprietary information of JewelSmiths, including original works of authorship protected under United States and International Copyright Laws. All rights are reserved worldwide. Any disclosure, use, reproduction, adaptation, translation, display, or distribution without the prior written consent of JewelSmiths is strictly prohibited. JewelSmiths is a registered trademark.
Downloading
Downloading of any material on this Website is limited to noncommercial, personal use only. Any other use must be approved by JewelSmiths in writing. The downloaded material must also retain all copyright and other proprietary notices contained on or in the material. JewelSmiths neither warrants nor represents that your use of the materials on this Website will not infringe rights of any third parties.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of JewelSmiths. You may not publish, display, or commercially exploit any material from or other entities with an ownership interest in the relevant intellectual property unless you request and receive prior written permission from us or other entities with an interest in the intellectual property. To request our permission, you may write to JewelSmiths 1446 S. Bryant Ave., Edmond, OK. 73034. If permission is granted by us or any other entities with an interest in the relevant intellectual property, you may not change or delete any author credit, trademark, legend or copyright notice.
REGISTRATION FORMS
Use. Our site’s registration forms require users to give us contact information (like name and address), method of payment, and demographic information. We use customer contact information to contact the visitor when necessary. Information regarding payment is collected for JewelSmiths purposes only. All personal information you provide to JewelSmiths is secured on our server with restricted access.
Correct/Update. To change or modify information previously provided you can send e-mail to: webmaster@jewelsmiths.net.
TRADEMARKS
Ownership. All the names of our products and services which are listed, referenced, or linked to this Website belong to JewelSmiths. In addition, ownership of the registered and unregistered copyrights, trade names, trademarks, service marks, logos, images, and all other rights (collectively, "Marks") on the Website remain with us. Any unauthorized use of the Marks may violate copyright and trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
LICENSE AND SITE ACCESS
JewelSmiths grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of JewelSmiths. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of JewelSmiths. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of JewelSmiths and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing JewelSmiths' name or trademarks without the express written consent of JewelSmiths. Any unauthorized use terminates the permission or license granted by JewelSmiths. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of JewelSmiths so long as the link does not portrayJewelSmiths, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any JewelSmiths logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account . JewelSmiths does sell products for children, which must be purchased by an adult over the age of 18, using their credit card. If you are under 18, you may use JewelSmiths only with involvement of a parent or guardian. JewelSmiths and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel order in their sole discretion.
RISK OF LOSS
All items purchased from JewelSmiths are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
JewelSmiths and its affiliates attempt to be as accurate as possible. However, JewelSmiths does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by JewelSmiths itself is not as described, your sole remedy is to return it in unused condition.
INFORMATION ON OUR WEB SITE
At JewelSmiths, we make every attempt to ensure that our online catalog is accurate and complete. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs or of a slightly different color.
We want to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, JewelSmiths states that carat total weight in all purchases may vary 0.04 carats from stated weight.
On the JewelSmiths site, we display the dimensions of our products based on the information received from our manufacturers. For any convex or rounded jewelry item, the width and length stated in the product description is taken by the manufacturer, prior to the rounding of the metal in the manufacturing process, which may lead to a discrepancy in any measurements taken after this process.
PRODUCT AVAILABILITY AND PRICING
We have established relationships with several of the best suppliers to acquire an exceptional selection of diamonds and Platinum Jewelry. Because our product selection is large, there is a possibility that product availability and pricing might change before we have an opportunity to update our Web site. Our prices are also subject to change without notice.
Infrequently, prices may be inaccurately displayed on our site due to system errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur and we do not honor inaccurate or erroneous prices. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact one of our customer service associates at webmaster@ArthurGordons.com.
WARRANTY DISCLAIMER
EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. JewelSmiths ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE.
LIMITATION OF LIABILITY DISCLAIMER
YOU AGREE THAT JewelSmiths AND ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR FOR DAMAGES FOR LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF YOUR ACCESS TO, USE OF, BROWSING ON, OR LINKING TO OR FROM THE WEBSITE, OR YOUR USE OF THE WEBSITE CONTENT, REGARDLESS OF THE FORM OF ACTION OR WHETHER Arthur Gordon’s JewelSmiths KNEW OF THE LIKELIHOOD OF ANY CLAIM OR DAMAGE ARISING OUT OF YOUR USE OF THE WEBSITE OR ITS CONTENT.
NO CONFIDENTIALITY
Any communications or material you transmit to the Website or to JewelSmiths by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as non-confidential and nonproprietary. Anything you transmit or post is at risk of becoming public property or property of JewelSmiths, and such information may be used for any purpose including reproduction, disclosure, transmission, publication, broadcasting, and posting. Arthur Gordon’s JewelSmiths Jewelry Store is free to use any ideas, concepts, know how, or any techniques contained in any communication sent to the Website or separately to JewelSmiths in any manner whatsoever, unless a separate agreement between you and JewelSmiths provides otherwise.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions are the entire agreement between us, supersedes any other agreement or discussions, oral or written, and may not be changed except by a written signed agreement. Arthur Gordon’s JewelSmiths Jewelry Store is headquartered in Edmond, Oklahoma and these Terms and Conditions are governed by the substantive laws of the State of Oklahoma without regard to its principles on conflicts of laws, or U.S. federal law. Any disputes arising out of or in connection with this Website shall be resolved in a state or federal court in Oklahoma County, State of Oklahoma. You agree that venue in these courts is proper, and agree to submit to their jurisdiction over any such dispute. If any provision of these Terms and Conditions is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the other provisions shall remain in full force and effect, and these Terms and Conditions shall be deemed amended, to the extent legally permitted, to replace the invalid, illegal, or unenforceable provision. The failure of Arthur Gordon’s JewelSmiths Jewelry Store to enforce any provision in these Terms and Conditions in a timely manner shall not be considered a waiver of any of its rights hereunder.
