Terms of service
1. THE TERMS OF SALE ARE A BINDING AGREEMENT.
(a) THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. (b) BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. (c) YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS OF SALE, (ii) ARE NOT AT LEAST 18 YEARS OF AGE OR LEGAL AGE TO FORM A BINDING CONTRACT, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. (d) These Terms and Conditions For Online Sales ("Terms of Sale") apply to the purchase and sale of products and services through www.AlmutBeloteJewelry.com (the "Website"). These Terms of Sale are subject to change by the Website owner and operator, ALMUT BELOTE JEWELRY DESIGN LLC, a Florida limited liability company (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms of Sale will be in effect as of the "Last Modified Date" referenced above. You should review these Terms of Sale prior to purchasing any product or services that are available through this Website. Your continued use of this Website after the "Last Modified Date" will constitute your acceptance of and agreement to such changes. (e) These Terms of Sale are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website.
(a) THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. (b) BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. (c) YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS OF SALE, (ii) ARE NOT AT LEAST 18 YEARS OF AGE OR LEGAL AGE TO FORM A BINDING CONTRACT, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. (d) These Terms and Conditions For Online Sales ("Terms of Sale") apply to the purchase and sale of products and services through www.AlmutBeloteJewelry.com (the "Website"). These Terms of Sale are subject to change by the Website owner and operator, ALMUT BELOTE JEWELRY DESIGN LLC, a Florida limited liability company (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms of Sale will be in effect as of the "Last Modified Date" referenced above. You should review these Terms of Sale prior to purchasing any product or services that are available through this Website. Your continued use of this Website after the "Last Modified Date" will constitute your acceptance of and agreement to such changes. (e) These Terms of Sale are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website.
2. ORDER ACCEPTANCE AND CANCELLATION.
You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. PRICES AND PAYMENT TERMS.
(a) Prices posted on this Website may be different than prices offered by us at our physical location. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. (b) Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. (c) We may offer from time to time promotions on the Website that may affect pricing and that are governed by certain “promotion” terms and conditions separate from these Terms of Sale. If there is a conflict between the promotions terms and conditions and these Terms of Sale, the promotion terms and conditions will govern. (d) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept American Express, Visa, Master Card, and Discover for all purchases. Your credit card will be charged in full at the time you make your on-line purchase. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
4. SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS.
(a) We will arrange for shipment of the products to you. Shipping within the United States is free of charge. For expedited shipping an extra fee may apply. Please contact us at info@almutbelotejewelry.com or 407-203-0909 if f you have further questions. You will pay all shipping and handling charges for expedited shipping specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. (b) We do not ship to any address other than that address where you receive your credit card statement. We ship all items via UPS second day or by US postal service registered and insured, with a signature required for receipt. (c) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. RETURNS AND REFUNDS.
(a) Except for any products designated on the Website as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within seven (7) days of delivery and provided such products are: (i) returned in their original condition; and (ii) accompanied by a sales receipt evidencing valid proof of purchase from Almut Belote Jewelry Design, LLC. To return products, you must contact us at info@almutbelotejewelry.com or 407-203-0909 to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number. (b) WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE. Custom and engraved items as well as special order items are non-returnable and non-refundable. All sales are final after seven (7) days from the date of completed delivery. Special orders are non-returnable and non-refundable. (c) You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. (d) Authorized Refunds are processed within approximately three (3) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website.
(a) Special orders may include your own gemstone. You are aware of the risk that damage to your gemstone may occur during the work process while your item is in our possession. We are not way liable for any damage that may occur to your gemstone, unless caused by our gross negligence or intentional acts. (b) Most in stock rings are between sizes 6 to 7 for women. We will size rings up to one and half (1.5) sizes larger or smaller than our stock ring sizes. Rings ordered in 11+ are subject to a ten percent (10%) size fee increase. Sizing takes three (3) to five (5) business days in addition to shipping time. The first ring sizing is at no cost to you. Should a re-size be necessary, there is a seventy-five dollar ($75) fee. All rings under size five (5) and over size eight and a half (8.5) will need to be placed as a special order and will generally be shipped within four (4) to six (6) weeks of our receipt of the special order, subject to delays outside our control. Some rings cannot be resized. Please see specific product pages for more information. In the event that you would like to order a non-resizable ring in a size that is not in stock, you must submit your order as a special order. (c) Our items are individually, custom-created. Therefore, even after you place an order, limited supplies may cause us to be unable to fulfill the specifications. In such circumstances, you will be entitled only to a full refund or credit toward another product.
7. REPAIRS.
If your jewelry should ever require repair, we will be here to help. Please contact us at info@almutbelotejewelry.com or 407-203-0909.
8. LIMITATION OF LIABILITY.
(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. (b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE. The limitation of liability set forth above shall only apply to the extent permitted by law.
9. GOODS NOT FOR RESALE OR EXPORT.
You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
10. PRIVACY.
We respect your privacy and are committed to protecting it. Our Privacy Policy, located at almutbelotejewelry.com/faq, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
11. FORCE MAJEURE.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. DISPUTES.
This Website is operated from the State of Florida in the United States. All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction of any other state. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts or state courts having jurisdiction in Orange County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. In any legal action or dispute arising from these Terms of Use, the prevailing party shall be entitled to recovery reasonable attorneys’ fees from the non-prevailing party.
13. ASSIGNMENT.
You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
14. NO WAIVERS.
The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.
15. NO THIRD-PARTY BENEFICIARIES.
These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
16. NOTICES.
(a) To You. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to update us if you change your email address current. (b) To Us. To give us notice under these Terms of Sale, you must contact us by personal delivery, overnight courier, or registered or certified mail to Almut Belote Jewelry Design LLC, 529 West Winter Park Street, Orlando, FL 32804.
17. SEVERABILITY.
If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.
If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.
18. ENTIRE AGREEMENT.
Our order confirmation and these Terms of Sale, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.
WEBSITE TERMS OF USE
ACCEPTANCE OF THE TERMS OF USE
These terms of use are entered into by and between You and ALMUT BELOTE JEWELRY DESIGN LLC, a Florida limited liability company ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference, including our Terms of Sale and Privacy Policy (collectively, "Terms of Use"), govern your access to and use of www.AlmutBeloteJewelry.com, including any content, functionality, and services offered on or through www.AlmutBeloteJewelry.com (the "Website"). Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [PRIVACY POLICY URL] and incorporated by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use this Website. This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set out below in Disputes will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You agree to check this page from time to time so you are aware of any changes, as they are binding on you.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for both: · Making all arrangements necessary for you to have access to the Website. · Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
INTELLECTUAL PROPERTY RIGHTS
The Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: · Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. · You may store files that are automatically cached by your Web browser for display enhancement purposes. · You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You must not: · Modify copies of any materials from this site. · Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. · Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@AlmutBeloteJewelry.com. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
TRADEMARKS
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: · In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). · For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. · To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation. · To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). · To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability. Additionally, you agree not to: · Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. · Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. · Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. · Use any device, software, or routine that interferes with the proper working of the Website. · Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. · Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. · Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. · Otherwise attempt to interfere with the proper working of the Website.
CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
All purchases through our site or other transactions for the sale of goods or services originating through the Website, or resulting from Website visits made by you, are governed by our Terms of Sale, which are incorporated into these Terms of Use.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
GEOGRAPHIC RESTRICTIONS
The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE EXPRESSLY STATED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, UNLESS OTHERWISE EXPRESSLY STATED IN OUR TERMS OF SALE. TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR THOSE WHICH MAY BE INDIVIDUALLY AND EXPRESSLY PROVIDED IN WRITING IN CONNECTION A SALE OF GOODS.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT OR SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct AND DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use.
DISPUTES
All matters relating to the Website and these Terms of Use, and any related dispute or claim shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts or state courts having jurisdiction in Orange County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. In any legal action or dispute arising from these Terms of Use, the prevailing party shall be entitled to recovery reasonable attorneys’ fees from the non-prevailing party.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE, INCLUDING TO ANY CLAIM ARISING OUT OF ANY SALE, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
The Terms of Use (including documents, policies, and terms expressly included by reference) constitute the sole and entire agreement between you and the Us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
YOUR COMMENTS AND CONCERNS
This website is operated by ALMUT BELOTE JEWELRY DESIGN LLC. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@AlmutBeloteJewelry.com.