Juwelo | Terms of Use

JUWELO.com

Terms of Use

Juwelo USA, Inc. ("Juwelo," "we" or "our"), own, operate, maintain and/or control one or more websites and web pages including, www.juwelo.com and any associated, additional and/or successor websites and other distribution channels (collectively the "Site"). We offer our members and visitors (“users,” “you” or “your”) the opportunity to access and view the Site and to contact us in order to purchase products through the Site. You may access and use the Site only if you agree to these Terms of Use unconditionally and without modification. You will be bound by such additional terms should you access the Site or purchase Products. If any additional terms pertaining to your orders conflict with these Terms of Use, the additional terms shall apply. PLEASE TAKE THE TIME TO READ ALL TERMS AND CONDITIONS CAREFULLY BEFORE YOU ACCESS THE SITE. By accessing or otherwise using the Site, you unconditionally accept and agree to be bound by these Terms of Use whether or not you have read them..

You may browse the Site to learn more about Juwelo and the products that we offer. The Site, including all material contained therein, as well as any of the foregoing posted anywhere on the Site or otherwise approved by Juwelo, whether public or not (collectively "Licensed Content") may be used for the sole and limited purposes set forth in these and any additional terms and as provided on the Site. Any other use of Licensed Content without Juwelo's prior written approval is strictly prohibited.

1. Information Available Through the Site

While Juwelo uses commercially reasonable efforts to provide accurate information through the Site, information, including product availability, product details, and pricing may change. It is your responsibility to periodically review the Site. Juwelo makes no representation as to the availability of the Site or the truth, thoroughness, or accuracy of any information or advice provided through the Site. Please address all questions relating to the operation of the Site to Customer Service

Juwelo cannot ensure or guarantee and does not warrant that the Site will be accurate, meet your particular needs or requirements or that the information provided by Juwelo or any Third Party is complete, accurate or current. As used in these Terms of Use, a Third Party(ies) are persons or business entities, websites and any other business or enterprise that is referred to in the context of these Terms of Use as being other than Juwelo or a user.

Juwelo cannot ensure or guarantee and does not make any warranties regarding any information or determinations made by any Third Party.

2. Account Registration

You are required to create an account in order to purchase products through the Site. You must provide your real name, address and other information requested in connection with the account set-up and payment process. It is your responsibility to maintain the security of your username and password and you agree to notify us immediately at Customer Service

Payment for purchases shall be in accordance with Juwelo’s standard Terms and Conditions of Sale, the latest version of which may be found here. Terms & Conditions

Please note that your payment information and related data are transferred in accordance with our Terms and Conditions of Sale. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and while we strive to protect your personal information, Juwelo cannot ensure or warrant the security of any information transmitted to or from the Site which you do at your own risk. You are always welcome to fax, call or to e-mail your order to us at any time, in lieu of on-line ordering.

3. Restrictions

You agree that: (a) you are of legal age to form a binding contract; (b) you are not a person barred from engaging in transactions under the laws of the United States or any other country including the country in which you are a resident; (c) you will not provide any false personal information; (d) you are not a direct competitor of Juwelo; (e) you may not copy, transfer or otherwise use any content belonging to Juwelo for the purpose of marketing or promoting our products or services. Use of the Site in violation of these Terms of Use, will be investigated and Juwelo reserves the right to take appropriate legal action, including without limitation, civil, criminal and injunctive relief. You will not use the Site to do anything unlawful, misleading, malicious or discriminatory. You will not do anything that could disable, overburden or impair the proper functioning of the Site such as a denial of service attack. You understand that any and all information which you may have access to as part of or through your use of the Site is the sole responsibility of the person from whom such content originated. You agree that you are solely responsible for (and Juwelo has no responsibility to you or to any Third Party) for any content that you create, transmit or display while using the Site and for the consequences of your actions (including any loss or damage which Juwelo may suffer) by doing so. Content may be protected by intellectual property rights which are owned by the provider thereof. You may not modify, rent, lease, lend, sell and distribute or create derivative works based on this content, either in whole or in part, unless you have been specifically told that you may do so by Juwelo or by the owner of such content in a separate agreement. Juwelo reserves the right (but shall have no obligation) to prescreen or view, flag, filter, modify, refuse or remove any and all content from the Site.

You may not probe, scan or test the vulnerability of the Site or Juwelo Network. You may not use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or Licensed Content. You may not reproduce or circumvent the navigational structure or presentation of the Site or any Licensed Content, circumvent the security features or attempt to access any materials or information through any means not purposely made available by Juwelo through the Site. Any attempt to interfere with or disrupt all or any part of the Juwelo Network, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Technical Features, trace the information of any other user or visitor, circumvent security features, or take any action that compromises the privacy or security of the Juwelo Network, users or other visitors is strictly prohibited. As applicable, you are responsible for ensuring that your employees and non-employee personnel adhere to these Terms of Use.

4. Termination of Participation in the Site

Juwelo may at any time suspend or terminate your use of the Site if (a) you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to or are unable to comply with the provisions of the Terms of Use); (b) we are required to do so by law (for example, where a provision of particular products or services is or becomes unlawful); (c) Juwelo is transitioning operation of the Site to a Third Party; (d) Juwelo elects to cease operating the Site; or (e) for any reason whatsoever which, in our opinion, is detrimental to the Site

5. Privacy and Data Security

Please see our Privacy Policy for our privacy and data security terms applicable to the Site.

6. Links/Third Party Service Providers

We may now or in the future provide links to additional websites or resources. When you link to those sites, you leave the Site. Juwelo has no control over such sites, their content and resources or the business practices or policies of operators of such sites. The privacy terms set forth in our Privacy Policy do not apply to the practices of any companies or individuals operating the linked sites. Please use caution and review the privacy policies of any sites that you visit to learn more about their information-gathering practices. Juwelo expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products, materials or services available from such sites or resources and/or any claims, representations or warranties made by Third Parties with respect to their goods or services. The inclusion of any link on the Site does not imply that Juwelo endorses the linked site. Your use of any links is at your own risk. You further acknowledge and agree that Juwelo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services or materials available on or through any such link, site or resource.

7. Proprietary Rights/Licenses

Juwelo's Proprietary Rights: The “Juwelo Network” is comprised of the Technology Features and Site through which the Technology Features and the Site are accessed as well as its Marks. The “Technology Features” means all functions, features and capabilities of the Juwelo Network (including the Site), including without limitation all software, hardware, remote-access electronic functionality and all upgrades, updates, revisions, versions, releases, modifications and derivatives thereof and thereto. The Marks include all Third Party or Juwelo trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another and whether or not registered to Juwelo. The Marks, Juwelo Network (including the Site), and Technology Features, the Site and the collection, compilation, assembly and arrangement of Licensed Content are owned by or under license to Juwelo and contain proprietary and confidential information all of which is protected by all applicable intellectual property and other laws. All copyrights, patent rights, trade secret rights, trademarks and other intellectual property rights in and to the Juwelo Network (including the Site), Technology Features, Site, Marks, and Confidential Information are owned solely and exclusively by Juwelo. Everything you see or read and that which is provided to you through the Site, including the templates, expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Site, and Licensed Content, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use and any additional terms without Juwelo's express written permission. You may not use or display the Marks in any manner without the prior written consent of the applicable owner. This includes use of the Site addresses or Marks in page text, as key words, meta tags or any other "hidden text." The terms Juwelo and the stylized “Juwelo” graphic logo,” (each a “Mark” and together the “Marks”) are all proprietary trademarks and service marks owned by Juwelo USA, Inc. or its parent or affiliated companies. The unauthorized use any Mark(s) is strictly prohibited.”

8. Notices and Procedures for Making Claims of Copyright Infringement

Juwelo respects the intellectual property of others, and asks its users and visitors to do the same. Juwelo will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Juwelo. Upon receipt of notices complying with the DMCA, Juwelo will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:

a. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. a description of the copyrighted work that you claim has been infringed;

c. a description of the material that you claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable Juwelo to locate the material;

d. your name, address, telephone number, email address and all other information reasonably sufficient to enable Juwelo to contact you;

e. a statement by you that you have a good faith belief that use of the material as described by you is not authorized by the copyright owner, its agent, or the law;

f. a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of copyright infringement should be directed to:

Customer Service

(Please include “Notice of Infringement” in the subject line).

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

JUWELO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE. JUWELO MAKES NO WARRANTY (I) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (II) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT THEY ARE SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT:

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY, TRANSMISSION AND MAINTENANCE OF YOUR DATA, YOUR USE OF THE SITE AND YOUR ACTIVITIES IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING PRODUCT ORDERS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE AND ANY INFORMATION YOU SHARE WITH THIRD PARTIES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JUWELO OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

EXCEPT AS EXPRESSLY STATED IN OUR TERMS AND CONDITIONS OF SALE, UNDER NO CIRCUMSTANCES IS OR WILL JUWELO OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, YOUR PURCHASE OF PRODUCTS OR SRVICES, ANY OF YOUR DATA OR OTHER CONTENT OR MATERIAL PROVIDED BY YOU, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY OF THE FOREGOING, OR FOR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT JUWELO SHALL NOT, IN ANY EVENT OR UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JUWELO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITE, ACCURACY OF THE INFORMATION, SHOWN OR AVAILABLE FROM THE SITE, AND/OR ANY TRANSACTION OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. IN ANY CASE, EXCEPT AS EXPRESSLY STATED IN OUR TEMS AND CONDITIONS OF SALE, JUWELO'S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND THIRD PARTY BUSINESS PARTNERS, IS LIMITED TO $100.00. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN JUWELO AND YOU AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST JUWELO WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.