Untitled Document
Terms of Use
Last updated on November 1, 2010
THESE FORTUNOFFJEWELRY.COM WEBSITE
TERMS OF USE (THE "TERMS OF USE") SET FORTH THE TERMS AND CONDITIONS OF YOUR
RIGHT TO ACCESS AND USE THE FORTUNOFFJEWELRY.COM WEBSITE AND ALL CONTENT
("CONTENT") DISPLAYED THEREIN (THE "WEBSITE"), INCLUDING THE CONTENT AND
SERVICES PROVIDED BY FOUR LEAF DESIGNS LLC ("Four Leaf" or "us" or "we") VIA
THE WEBSITE.PLEASE READ THESE TERMS OF USE CAREFULLY TO UNDERSTAND THE TERMS
AND CONDITIONS GOVERNING YOUR USE OF THE WEBSITE, AND PLEASE ALSO READ OUR
PRIVACY POLICY CAREFULLY TO UNDERSTAND WHAT WE DO WITH THE PERSONAL INFORMATION
THAT WE COLLECT AS PART OF YOUR INTERACTION WITH THE WEBSITE.
YOUR CONTINUED USE OF THIS WEBSITE
CONSTITUTES AN AGREEMENT TO THESE TERMS OF USE.PLEASE NOTE THAT THESE TERMS
OF USE MAY CHANGE FROM TIME TO TIME.PLEASE CHECK THE TERMS OF USE EACH TIME
YOU VISIT THIS WEBSITE FOR THE MOST CURRENT VERSION.
All elements of this Website are the property of Four Leaf or our suppliers and
are protected by United States and international copyright.
The trademarks of Four Leaf and our partners may not be used without our
written permission. Trademarks or trade dress include the Four Leaf and Fortunoff
name and logo, and other graphics, logos, page headers, button icons, scripts,
and service names of Four Leaf products, services, and programs, and those of
our affiliates.
All other trademarks that appear on this site are the property of their
respective owners, who may or may not be affiliated with, connected to, or
sponsored by us or our affiliates.
Provided that you are eligible to access and use the Website, you are granted a
limited license to access and use the Content and to download or print a copy
of any portion of the Content to which you have properly gained access solely
for your personal, non-commercial use related to placing an order or shopping,
provided that you keep all copyright or other proprietary notices intact.You
may not upload or republish Content on any Internet, Intranet or Extranet Website
or incorporate the information contained within the Content in any other
database or compilation, and any other use of the Content without our advance
written permission is strictly prohibited.Such license is subject to these
Terms of Use and does not permit use of any data mining, robots, scraping or
similar data gathering or extraction methods.
Our goal is to provide complete, accurate, up-to-date information on our Website.
Unfortunately, it is not possible to ensure that any Website is completely free
of human or technological errors.This site may contain typographical
mistakes, inaccuracies, or omissions, some of which may relate to pricing and
availability, and some information may not be complete or current.We reserve
the right to correct any errors, inaccuracies or omissions -- including after
an order has been submitted -- and to change or update information at any time
without prior notice.
Although we make every attempt to
verify prices before charging your credit card, we reserve the right to refuse
or cancel any orders for mislabeled items whether or not your credit card has
been charged.If your credit card has already been charged for the purchase
and your order is canceled, we will issue a credit to your credit card account
in the amount of the incorrect price.
All or a portion of this Website
may be temporarily unavailable from time to time for maintenance or other
reasons.Four Leaf assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, communications or Content.Four Leaf is also not responsible
for any technical malfunction or other problems of any telephone network or
service, computer systems, servers or providers, computer or mobile phone
equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any website or combination
thereof, including injury or damage to any person's computer or other hardware
or software, related to or resulting from using or downloading materials in
connection with the internet and/or in connection with the Website.Under no
circumstances will Four Leaf be responsible for any loss or damage or personal
injury or death, resulting from anyone's use of the Website.
THE INFORMATION ON THE WEBSITE IS
PROVIDED TO YOU ON THE BASIS THAT IT IS INTENDED SOLELY FOR YOUR INTERNAL USE.
THIS WEBSITE AND THE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, THE COSMOPOLITAN AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND
EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES,
LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Applicable
law may not allow the exclusion of implied warranties, so the above exclusions
may not apply to you.
USE OF THE WEBSITE IS AT YOUR OWN RISK.YOU ASSUME FULL RESPONSIBILITY
AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF, OR ACCESS TO CONTENT,
FILES, INFORMATION, OR OTHER MATERIALS ON OR THROUGH THE WEBSITE.
Neither Four Leaf nor any of our affiliates, licensors,
suppliers, or each of our or their directors, officers, agents, contractors,
partners, employees, licensors, or suppliers, are responsible or liable for any
loss or damage of any kind whatsoever arising as a result of (1) information or
Content expressly or impliedly published on the Website, or (2) any errors in
or omissions from the Website, or (3) interception or use of credit card
information or other personally identifiable information, in each case
notwithstanding any negligence, default or lack of care by Four Leaf or its
suppliers, or that such loss or damage was foreseeable.
Neither Four Leaf nor any of our affiliates, licensors,
suppliers, or each of our or their directors, officers, agents, contractors,
partners, employees, licensors, or suppliers, are responsible or liable for any
damages whatsoever, whether direct, indirect, incidental, consequential,
special, exemplary, punitive or other damages (including, without limitation,
damages for loss of business, loss of data or lost profits), under any legal
theory arising out of or relating in any way to this Website and/or any linked
Website, even if advised of the possibility of such damages or such damages
were foreseeable.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR
CONTENT OR ANY LINKED WEBSITE OR SERVICES PROVIDED VIA THIS WEBSITE IS TO STOP
USING THIS WEBSITE, THE CONTENT, LINKED WEBSITE, OR SERVICES, AS APPLICABLE.
Certain state laws do not allow limitations on implied
warranties or the exclusion or limitation of certain damages.If these laws
apply to you, some or all of the above disclaimers, exclusions or limitations
may not apply to you, and you may have additional rights.
Except for information necessary to place an order, we do not want to receive
confidential or proprietary information or trade secrets through this Website.
Any information, materials, suggestions, ideas, product reviews, or comments sent to us will be
deemed non-confidential, and by submitting it, you are granting us an
irrevocable and unrestricted license to use, modify, reproduce, transmit,
display and distribute it for any purpose whatsoever, with no payment or other
compensation to you. We reserve the right to edit product reviews or refrain from publishing reviews for any reason. However, we will not use your name unless we are required
by law to identify the source of the materials, information, suggestions, ideas
or comments, or unless we first obtain your permission.
By visiting this Website, you agree that the laws of the state of New York,
without regard to principles of conflict of laws, will govern these Terms of
Use and any dispute of any sort that might arise between you and us or any of
our affiliates.
If any provision of these Terms of
Use is found to be unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these Terms of Use and shall not
affect the validity and enforceability of any remaining provisions.
Any dispute relating in any way to your visit to our Website or to products
purchased here shall be submitted to confidential arbitration in New York.However,
if you have in any manner violated or threatened to violate our intellectual
property rights, we may seek injunctive or other appropriate relief in any
state or federal court in the state of New York. You consent to exclusive
jurisdiction and venue in such courts. Any arbitration under this agreement
shall be conducted under the prevailing rules of the American Arbitration
Association.The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction.To the fullest extent
permitted by applicable law, no arbitration with respect to this Website or to
products purchased here shall be joined to an arbitration involving any other
party, whether through class arbitration proceedings or otherwise.
You agree to indemnify and hold Four Leaf,
its affiliates, licensors, suppliers, and each of their directors, officers,
agents, contractors, partners, employees, licensors, and suppliers harmless
from and against any loss, liability, claim, demand, damages, costs and
expenses, including reasonable attorney's fees, arising out of or in connection
with your use of the Website, your conduct in connection with the Website, or
any violation of these Terms of Use or of any law or the rights of any third
party.
Please see our Privacy Policy to understand what we do with the personal information that we collect as part of
your interaction with the Website.
Please refer to this page frequently to review our current Terms of Use. This page was last update on November 1, 2010.