AGREEMENT TO TERMS
The information provided onthe Site is not intended for distribution to or use by any person or entity inany jurisdiction or country where such distribution or use would be contrary tolaw or regulation or which would subject us to any registration requirementwithin such jurisdiction or country. Accordingly, those persons who choose toaccess the Site from other locations do so on their own initiative and aresolely responsible for compliance with local laws, if and to the extent locallaws are applicable.
The Site is nottailored to comply with industry-specific regulations (Health InsurancePortability and Accountability Act (HIPAA), Federal Information SecurityManagement Act (FISMA), etc.), so if your interactions would be subjected tosuch laws, you may not use this Site. You may not use the Site in a way thatwould violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended forusers who are at least 18 years old. Persons under the age of 18 are notpermitted to use or register for the Site.
Provided that you areeligible to use the Site, you are granted a limited license to access and usethe Site and to download or print a copy of any portion of the Content to whichyou have properly gained access solely for your personal, non-commercial use.We reserve all rights not expressly granted to you in and to the Site, the Contentand the Marks.
If you provide anyinformation that is untrue, inaccurate, not current, or incomplete, we have theright to suspend or terminate your account and refuse any and all current orfuture use of the Site (or any portion thereof).
You may be required toregister with the Site. You agree to keep your password confidential and willbe responsible for all use of your account and password. We reserve the rightto remove, reclaim, or change a username you select if we determine, in oursole discretion, that such username is inappropriate, obscene, or otherwiseobjectionable.
We make every effort todisplay as accurately as possible the colors, features, specifications, anddetails of the products available on the Site. However, we do not guaranteethat the colors, features, specifications, and details of the products will beaccurate, complete, reliable, current, or free of other errors, and yourelectronic display may not accurately reflect the actual colors and details ofthe products. All products are subject to availability, and we cannot guaranteethat items will be in stock. We reserve the right to discontinue any productsat any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We may accept the followingforms of payment: Visa, Mastercard, American Express, Discover, PayPal, Klarna, Maestro, Alipay, UnionPay, Google Pay, Apple Pay, and others as we may determine fromtime to time.
You agree to providecurrent, complete, and accurate purchase and account information for allpurchases made via the Site. You further agree to promptly update account andpayment information, including email address, payment method, and payment cardexpiration date, so that we can complete your transactions and contact you asneeded. Sales tax will be added to the price of purchases as deemed required byus. We may change prices at any time. All payments shall be in thecurrency(ies) specified on the Site.
You agree to pay allcharges at the prices then in effect for your purchases and any applicableshipping fees, and you authorize us to charge your chosen payment provider forany such amounts upon placing your order. We reserve the right to correctany errors or mistakes in pricing, even if we have already requested orreceived payment.
We reserve the right torefuse any order placed through the Site. We may, in our sole discretion, limitor cancel quantities purchased per person, per household, or per order. Theserestrictions may include orders placed by or under the same customer account,the same payment method, and/or orders that use the same billing or shippingaddress. We reserve the right to limit or prohibit orders that, in our solejudgment, appear to be placed by dealers, resellers, or distributors.
Please review our ReturnPolicy posted on the Site prior to making any purchases.
You may not access or usethe Site for any purpose other than that for which we make the Site available.The Site may not be used in connection with any commercial endeavors exceptthose that are specifically endorsed or approved by us.
As a user of the Site, youagree not to:
· Systematicallyretrieve data or other content from the Site to create or compile, directly orindirectly, a collection, compilation, database, or directory without writtenpermission from us.
· Make anyunauthorized use of the Site, including collecting usernames and/or emailaddresses of users by electronic or other means for the purpose of sendingunsolicited email, or creating user accounts by automated means or under falsepretenses.
· Use abuying agent or purchasing agent to make purchases on the Site.
· Use theSite to advertise or offer to sell goods and services.
· Circumvent,disable, or otherwise interfere with security-related features of the Site,including features that prevent or restrict the use or copying of any Contentor enforce limitations on the use of the Site and/or the Content containedtherein.
· Engage inunauthorized framing of or linking to the Site.
· Trick,defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.
· Makeimproper use of our support services or submit false reports of abuse ormisconduct.
· Engage inany automated use of the system, such as using scripts to send comments ormessages, or using any data mining, robots, or similar data gathering andextraction tools.
· Interferewith, disrupt, or create an undue burden on the Site or the networks orservices connected to the Site.
· Attemptto impersonate another user or person or use the username of another user.
· Sell orotherwise transfer your profile.
· Use anyinformation obtained from the Site in order to harass, abuse, or harm anotherperson.
· Use theSite as part of any effort to compete with us or otherwise use the Site and/orthe Content for any revenue-generating endeavor or commercial enterprise.
· Decipher,decompile, disassemble, or reverse engineer any of the software comprising orin any way making up a part of the Site.
· Attemptto bypass any measures of the Site designed to prevent or restrict access tothe Site, or any portion of the Site.
· Harass,annoy, intimidate, or threaten any of our employees or agents engaged inproviding any portion of the Site to you.
· Delete thecopyright or other proprietary rights notice from any Content.
· Upload ortransmit (or attempt to upload or to transmit) viruses, Trojan horses, or othermaterial, including excessive use of capital letters and spamming (continuousposting of repetitive text), that interferes with any party’s uninterrupted useand enjoyment of the Site or modifies, impairs, disrupts, alters, or interfereswith the use, features, functions, operation, or maintenance of the Site.
· Upload ortransmit (or attempt to upload or to transmit) any material that acts as apassive or active information collection or transmission mechanism, includingwithout limitation, clear graphics interchange formats (“gifs”), 1×1 pixels,web bugs, cookies, or other similar devices (sometimes referred to as “spyware”or “passive collection mechanisms” or “pcms”).
· Except asmay be the result of standard search engine or Internet browser usage, use,launch, develop, or distribute any automated system, including withoutlimitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Site, or using or launching any unauthorized script or othersoftware.
· Disparage,tarnish, or otherwise harm, in our opinion, us and/or the Site.
· Use theSite in a manner inconsistent with any applicable laws or regulations.
The Site may invite you tochat, contribute to, or participate in blogs, message boards, online forums,and other functionality, and may provide you with the opportunity to create,submit, post, display, transmit, perform, publish, distribute, or broadcastcontent and materials to us or on the Site, including but not limited to text,writings, video, audio, photographs, graphics, comments, suggestions, orpersonal information or other material (collectively,"Contributions"). Contributions may be viewable by other users of theSite and through third-party websites. As such, any Contributions you transmitmay be treated as non-confidential and non-proprietary. When you create or makeavailable any Contributions, you thereby represent and warrant that:
· Thecreation, distribution, transmission, public display, or performance, and theaccessing, downloading, or copying of your Contributions do not and will notinfringe the proprietary rights, including but not limited to the copyright,patent, trademark, trade secret, or moral rights of any third party.
· YourContributions are not false, inaccurate, or misleading.
· YourContributions are not unsolicited or unauthorized advertising, promotionalmaterials, pyramid schemes, chain letters, spam, mass mailings, or other formsof solicitation.
· YourContributions are not obscene, lewd, lascivious, filthy, violent, harassing,libelous, slanderous, or otherwise objectionable (as determined by us).
· YourContributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
· YourContributions do not advocate the violent overthrow of any government orincite, encourage, or threaten physical harm against another.
· YourContributions do not violate any applicable law, regulation, or rule.
· YourContributions do not violate the privacy or publicity rights of any thirdparty.
· YourContributions do not contain any material that solicits personal informationfrom anyone under the age of 18 or exploits people under the age of 18 in asexual or violent manner.
· YourContributions do not violate any applicable law concerning child pornography,or otherwise intended to protect the health or well-being of minors;
· YourContributions do not include any offensive comments that are connected to age,ancestry, citizenship, color, creed, religion, disability, ethnic origin,family status, marital status, place of origin, race, records of offenses,gender, sex, sexual preference, sexual orientation (each a“Prohibited Ground”).
By posting yourContributions to any part of the Site or making Contributions accessibleto the Site by linking your account from the Site to any of your socialnetworking accounts, you automatically grant, and you represent and warrantthat you have the right to grant, to us an unrestricted, unlimited,irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully- paid,worldwide right, and license to host, use, copy, reproduce, disclose, sell,resell, publish, broadcast, retitle, archive, store, cache, publicly perform,publicly display, reformat, translate, transmit, excerpt (in whole or in part),and distribute such Contributions (including, without limitation, your imageand voice) for any purpose, commercial, advertising, or otherwise, and toprepare derivative works of, or incorporate into other works, such Contributions,and grant and authorize sublicenses of the foregoing. The use and distributionmay occur in any media formats and through any media channels.
This license will apply toany form, media, or technology now known or hereafter developed, and includesour use of your name, company name, and franchise name, as applicable, and anyof the trademarks, service marks, trade names, logos, and personal andcommercial images you provide. You waive all moral rights in yourContributions, and you warrant that moral rights have not otherwise beenasserted in your Contributions.
We do not assert anyownership over your Contributions. You retain full ownership of all of yourContributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Site.You are solely responsible for your Contributions to the Site and you expresslyagree to exonerate us from any and all responsibility and to refrain from anylegal action against us regarding your Contributions.
We have the right, in oursole and absolute discretion, (1) to edit, redact, or otherwise change anyContributions; (2) to re-categorize any Contributions to place them in moreappropriate locations on the Site; and (3) to pre-screen or delete anyContributions at any time and for any reason, without notice. We have noobligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas onthe Site to leave reviews or ratings. When posting a review, you must complywith the following criteria: (1) you should have firsthand experience with theperson/entity being reviewed; (2) your reviews should not contain offensiveprofanity, or abusive, racist, offensive, or hate language; (3) your reviewsshould not contain discriminatory references based on a Prohibited Ground”; (4)your reviews should not contain references to illegal activity; (5) you shouldnot be affiliated with competitors if posting negative reviews; (6) you shouldnot make any conclusions as to the legality of conduct; (7) you may not postany false or misleading statements; and (8) you may not organize a campaignencouraging others to post reviews, whether positive or negative.
We may accept, reject, orremove reviews in our sole discretion. We have absolutely no obligation toscreen reviews or to delete reviews, even if anyone considers reviewsobjectionable or inaccurate. Reviews are not endorsed by us, and do notnecessarily represent our opinions or the views of any of our affiliates orpartners. We do not assume liability for any review or for any claims,liabilities, or losses resulting from any review. By posting a review,you hereby grant to us a perpetual, non-exclusive, worldwide,royalty-free, fully-paid, assignable, and sublicensable right and license toreproduce, modify, translate, transmit by any means, display, perform, and/ordistribute all content relating to reviews.
As part of thefunctionality of the Site, you may link your account with online accounts youhave with third-party service providers (each such account, a “Third-PartyAccount”) by either: (1) providing your Third-Party Account login informationthrough the Site; or (2) allowing us to access your Third-Party Account,as is permitted under the applicable terms and conditions that govern your useof each Third-Party Account. You represent and warrant that you areentitled to disclose your Third-Party Account login information to usand/or grant us access to your Third- Party Account, without breachby you of any of the terms and conditions that govern your use of theapplicable Third-Party Account, and without obligating us to pay anyfees or making us subject to any usage limitations imposed by the third-partyservice provider of the Third- Party Account. By granting us accessto any Third-Party Accounts, you understand that (1) we may access,make available, and store (if applicable) any content that you have provided toand stored in your Third-Party Account (the “Social Network Content”)so that it is available on and through the Site via your account, includingwithout limitation any friend lists and (2) we may submit to and receive fromyour Third-Party Account additional information to the extent you arenotified when you link your account with the Third-Party Account.Depending on the Third- Party Accounts you choose and subject to theprivacy settings that you have set in such Third- Party Accounts,personally identifiable information that you post toyour Third-Party Accounts may be available on and through youraccount on the Site. Please note that if a Third- Party Account orassociated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, thenSocial Network Content may no longer be available on and through the Site. Youwill have the ability to disable the connection between your account on theSite and your Third-Party Accounts at any time. PLEASE NOTE THAT YOURRELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOURTHIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCHTHIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social NetworkContent for any purpose, including but not limited to, for accuracy, legality,or non-infringement, and we are not responsible for any Social Network Content.You acknowledge and agree that we may access your email address book associatedwith a Third-Party Account and your contacts list stored on yourmobile device or tablet computer solely for purposes of identifying andinforming you of those contacts who have also registered to use the Site. Youcan deactivate the connection between the Site andyour Third-Party Account by contacting us using the contactinformation below or through your account settings (if applicable). We willattempt to delete any information stored on our servers that was obtainedthrough such Third-Party Account, except the username and profilepicture that become associated with your account.
You acknowledge and agreethat any questions, comments, suggestions, ideas, feedback, or otherinformation regarding the Site ("Submissions") provided by you to usare non-confidential and shall become our sole property. We shall own exclusiverights, including all intellectual property rights, and shall be entitled tothe unrestricted use and dissemination of these Submissions for any lawfulpurpose, commercial or otherwise, without acknowledgment or compensation toyou. You hereby waive all moral rights to any such Submissions, and you herebywarrant that any such Submissions are original with you or that you have theright to submit such Submissions. You agree there shall be no recourse againstus for any alleged or actual infringement or misappropriation of anyproprietary right in your Submissions.
THIRD-PARTY WEBSITES ANDCONTENT
In your use of andinteractions with the Site, you may not post, modify, distribute, or reproducein any way any content that is copyrighted material belonging to others,without obtaining their prior written consent. This specifically includes thesubmission of a design. Fedoma reserves the right, in its discretion, to removeany content if we believe it may infringe the copyright rights of others,and/or to terminate the accounts of users who we believe to be infringers.
If you believe that yourwork has been copied or posted on the Site in a way that constitutes copyrightinfringement, send us a written communication that includes substantially thefollowing (please consult your legal counsel or applicable law to confirm thebelow requirements):
A physical or electronicsignature of a person authorized to act on behalf of the owner of an exclusiveright that is allegedly infringed.
Identification of thecopyrighted work claimed to have been infringed, or, if multiple copyrightedworks at a single online site are covered by a single notification, arepresentative list of such works at that site.
Identification of thematerial that is claimed to be infringing or to be the subject of infringingactivity and that is to be removed or access to which is to be disabled, andinformation reasonably sufficient to permit the service provider to locate thematerial. Providing URLs in the body of an email is the best way to help uslocate content quickly.
Information reasonablysufficient to permit the service provider to contact the complaining party,such as an address, telephone number, and, if available, an electronic mailaddress at which the complaining party may be contacted.
A statement that thecomplaining party has a good faith belief that use of the material in themanner complained of is not authorized by the copyright owner, its agent, orthe law.
A statement that theinformation in the notification is accurate, and under penalty of perjury, thatthe complaining party is authorized to act on behalf of the owner of anexclusive right that is allegedly infringed. Such written notice should be sentto us at the address below to the attention of “General Counsel”. Please notethat any person who knowingly materially misrepresents that material oractivity is infringing may be subject to liability.
TERM AND TERMINATION
If we terminate or suspendyour account for any reason, you are prohibited from registering and creating anew account under your name, a fake or borrowed name, or the name of any thirdparty, even if you may be acting on behalf of the third party. In addition toterminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.
We reserve the right tochange, modify, or remove the contents of the Site at any time or for anyreason at our sole discretion without notice. However, we have no obligation toupdate any information on our Site. We will not be liable to you or any thirdparty for any modification, price change, suspension, or discontinuance of theSite.
GOVERNING LAW ANDJURISDICTION
These terms shall begoverned by and defined following the laws of Canada. Fedoma Inc. andits affiliates and subsidiaries and yourself irrevocably consent that thecourts sitting in the City of Toronto, Ontario, Canada shall haveexclusive jurisdiction to resolve any dispute which may arise in connectionwith these terms. Fedoma Inc. and its affiliates and subsidiaries shallalso maintain the right to bring proceedings as to the substance of the matterin the courts of the country where you reside or, if these Terms are enteredinto in the course of your trade or profession, the state of your principalplace of business.
Fedoma is committed tomaking our Site and Content accessible and user friendly to everyone. If youare having difficulty viewing or navigating the Content on this Site, or have asuggestion on how to make the Site more accessible to people with disabilities,please contact us at support@Fedomajewellery.com.There may be information onthe Site that contains typographical errors, inaccuracies, or omissions thatmay relate to the Site’s offerings, including descriptions, pricing,availability, and various other information. We reserve the right to correctany errors, inaccuracies, or omissions and to change or update the informationon the Site at any time, without prior notice.
THE SITE IS PROVIDED ON ANAS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILLBE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALLWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WEMAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILLASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THESITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT ANDMATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USEOF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTOR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANYHYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANYBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICETHROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OURDIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYDIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGESARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARYCONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OFTHE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTHPERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $400.00USD. CERTAIN JURISDICTIONS’ LAWS AND INTERNATIONAL LAWS DO NOT ALLOWLIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAINDAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS ORLIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certaindata that you transmit to the Site for the purpose of managing the performanceof the Site, as well as data relating to your use of the Site. Although weperform regular routine backups of data, you are solely responsible for alldata that you transmit or that relates to any activity you have undertakenusing the Site. You agree that we shall have no liability to you for any lossor corruption of any such data, and you hereby waive any right of actionagainst us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS,TRANSACTIONS, AND
Visiting the Site, sendingus emails, and completing online forms constitute electronic communications.You consent to receive electronic communications, and you agree that allagreements, notices, disclosures, and other communications we provide to youelectronically, via email and on the Site, satisfy any legal requirement thatsuch communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OFNOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US ORVIA THE SITE. You hereby waive any rights or requirements under any statutes,regulations, rules, ordinances, or other laws in any jurisdiction which requirean original signature or delivery or retention of non-electronic records, or topayments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS ANDRESIDENTS
If any complaint with us isnot satisfactorily resolved, you can contact the Complaint Assistance Unit ofthe Division of Consumer Services of the California Department of ConsumerAffairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Fedoma is committed tomaking our Site accessible and user friendly to everyone. If you are having difficultyviewing or navigating this Site, or have a suggestion on how to make the Sitemore accessible to people with disabilities, please contact us.