Refunds and Returns
All refunds and returns are subject to the conditions of our 14-DAY RETURN POLICY.
The Site and all content and other materials, including, without limitation, the Gem Jewelers™ logo, and all designs, text, graphics, pictures, structure, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Gem Jewelers™ or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Use of the Site
You are granted a personal, limited, non-sub licensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include:
- (a) any resale or commercial use of our Site or the Site Materials therein;
- (b) the collection and use of any product listings, pictures or descriptions for commercial purposes;
- (c) the distribution, public performance or public display of any Site Materials,
- (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof;
- (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods;
- (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site;
- (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site;
- (h) use our web sites in any way which interferes with the normal operation of our sites;
- or (i) any use of our Site or the Site Materials other than for its intended purpose.
Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Gem Jewelers™, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Gem Jewelers™ has adopted a policy of terminating and barring, in appropriate circumstances and at Gem Jewelers™’ sole discretion, site users or account holders who are deemed to be repeat infringes. Gem Jewelers™ may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Content
Gem Jewelers™ may provide links to Web pages and content of third parties (‘Third Party Content’) as a service to those interested in this information. Gem Jewelers™ does not monitor or have any control over any Third Party Content or third party Sites. Gem Jewelers™ does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Gem Jewelers™ does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Advertisements And Promotions
Gem Jewelers™ may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Gem Jewelers™, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Gem Jewelers™ is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Gem Jewelers™ advertisers on our Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Gem Jewelers™, or our products or services that are provided by you to Gem Jewelers™ are non-confidential and shall become the sole property of Gem Jewelers™. Gem Jewelers™ will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Gem Jewelers™ and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that:
- (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site;
- (b) the content is accurate and not misleading;
- (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
Gem Jewelers™ takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Gem Jewelers™ liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Gem Jewelers™ is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
Although Gem Jewelers™ has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Gem Jewelers™ reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site at your sole cost and expense. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site.
You grant Gem Jewelers™ and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that:
- (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Site;
- (b) the User Content is accurate and not misleading;
- (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify and hold harmless Gem Jewelers™, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against Gem Jewelers™ and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Disclaimer Of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GEM JEWELERS™, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “PRODUCTS AND SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GEM JEWELERS™ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. GEM JEWELERS™ DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. GEM JEWELERS™ DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation Of Liability
IN NO EVENT SHALL GEM JEWELERS™, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM GEM JEWELERS™, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GEM JEWELERS™’S RECORDS, PROGRAMS OR SERVICES.
Applicable Law And Venue
These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of Florida, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of Florida. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Miami Dade County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforce ability of any remaining provisions. No joint venture, partnership, employment or agency relationship exists between you and Gem Jewelers™ as a result of these Terms or use of the Services.
Notwithstanding any of these Terms and Conditions, Gem Jewelers™ reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.