Terms of Service
These Terms of Use (the “Terms”; and together with our Privacy Policy and any separate or supplemental terms applicable to the Services, collectively, the “Agreement”) is a legal agreement that governs your use of the www.avalonjewels.com website and associated webpages (collectively the “Site”).
Please read these Terms carefully. Your use of the Site constitutes your agreement, without modification, to all of the terms, conditions, and notices in the Agreement. If you do not accept the Agreement, you may not use the Site. As used in these Terms, “we,” “our” or “us” refers to Avalon Jewels. “You,” “yours” or other similar designation refers to the person accessing or using the Site.
These terms may be posted on the Site in connection with the applicable Services, and you must agree to such terms before you access or use such Services. In the event of a conflict between these terms and the separate terms applicable to the Services, the separate Services terms will prevail.
SITE CONTENT
All of the Site content is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by us or our licensors. We grant you a limited license to access and use the Site only to gather information about our organization, products and services and communicate with us through the Site. You may not otherwise use the content displayed on the Site. Other than as set forth above, we and our licensors retain all right, title and interest in and to the Site, and reserve all rights not expressly granted herein.
You may not download (other than page caching) any of the Site. You also may not copy, modify, publish, distribute, transfer or create derivative works from any of the Site or any materials on the Site (including, without limitation, computer programs or other code). You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any portion of the Site.
Your license to access and use the Site does not include any resale or commercial use of the Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any downloading or copying account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may not visit or otherwise exploit any portion of the Site for any commercial purpose other than your personal purposes without our written consent. You may not frame or utilize framing techniques to enclose any proprietary information (including images, text, page layout, or form) of the Site without our written consent. You may not use any metatags or any other “hidden text” utilizing the name, domain name or trademarks of Avalong Jewels without our express written consent. Any unauthorized use terminates the permission or license granted by us.
We may change, suspend or discontinue any aspect of the Site or any Services at any time, including the availability of any feature, database or content. We may also impose limits on certain features and services or restrict your access to part, or all, of the Site or any Services without notice or liability.
PURCHASES
We reserve the right to correct any errors or mistakes in pricing, product description, or listings that we make on the Site or when processing an order even if we have already requested or received payment. In such case, we may refuse or cancel an order and refund any amounts paid. All purchases are subject to our policies and procedures relating to processing, shipping and handling, returns and exchanges set forth herein and on the Site. All prices are in U.S. dollars.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item or to refuse service to any customer. We may cancel an order at any time if we determine that it will not be able to fulfill such order, or for any other reason, and upon any such cancellation will notify you and refund any amounts paid by you for such order. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice. All turnaround times and delivery dates are estimates and non-binding. We will ship products as they become available. We will keep you informed of any products that you have ordered that are out of stock and/or unavailable for immediate shipment.
When placing an order, we require your exact billing and mailing address, and any other information we deemed appropriate and necessary to properly process the transaction. Incorrect information will cause your order to be declined. We also have the right to cancel or refuse any order if we determine the billing or mailing address is not accurate or if we suspect fraud or unauthorized or illegal activity. If such is the case, we may reject your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
CORRECTIONS
Occasionally there may be information on the Site that contain typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
LIABILITY DISCLAIMER AND LIMITATION
THE SITE AND THE INFORMATION, PRODUCTS, SERVICES, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED IN OR AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE “CONTENTS”) MAY INCLUDE ERRORS. WE MAY, IN OUR SOLE DISCRETION, MAKE IMPROVEMENTS, DELETIONS, OR OTHER CHANGES IN THE SITE AND THE CONTENTS AT ANY TIME WITHOUT NOTICE, BUT WE ARE NOT REQUIRED TO DO SO. WE MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO THE SITE OR TO PORTIONS OF IT WITHOUT NOTICE OR LIABILITY.
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SITE OR THE CONTENTS FOR ANY PURPOSE. THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND WE AND OUR SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES WITH REGARD TO THE SITE, THE CONTENTS AND ANY LINKED SITE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, ITS CONTENTS OR ANY LINKED SITE. WE DO NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE SITE, ITS CONTENT OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR THE USE OR PERFORMANCE OF THE SITE OR THE CONTENTS OR ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL WE OR OUR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE, ITS CONTENTS OR ANY LINKED SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA OR PROFITS, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OR THIRD PARTIES, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY OF THE SITE OR ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION; SURVIVAL
We reserve the right, in our sole discretion, to suspend the Site or any Services, suspend or terminate your use of the Site or any Services or terminate this Agreement at any time, without notice, for any reason. The Site Content, Use of Site, Submissions, Liability Disclaimer and Limitation, Indemnification, Compliance with Laws and General sections of this Policy shall survive any such termination.
INDEMNIFICATION
You agree to indemnify, defend and hold us and all our directors, officers, agents, employees, suppliers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties (including, without limitation, reasonable attorneys’ fees and costs) in connection with any claim arising out of or related to (i) your Submissions as provided to us or (ii) any breach by you of this Agreement or the representations, warranties and covenants contained herein. You shall cooperate fully with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not settle any action or matter without our written consent.
In addition, you acknowledge and agree that we have the right to seek damages when you use the Site for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Site or the Services, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
COMPLIANCE WITH LAWS
You represent and warrant that your use of the Site will comply with all applicable laws and regulations. In recognition of the global nature of the Internet, you agree to comply with all local rules where you reside or your organization is located regarding online activities and the Site or the Services. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Site is controlled and operated by us from our offices within the United States and we make no representation that the Site is appropriate or available for use in other locations. Those who access the Site from other locations do so at their own initiative and risk and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Site or the Products where prohibited by law.
You may not use, remove or export from the United States or allow the export or re-export of the Site, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
GENERAL
Unless otherwise expressly stated herein, this Agreement (including, without limitation, these Terms, the Privacy Policy and any separate or supplemental terms applicable to the Services you use, all of which are incorporated herein by this reference) (i) constitutes the entire agreement between you and us with respect to your use of the Site, and (ii) supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any other right or remedy, or future exercise thereof. No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever. The headings of the sections of this Agreement are for convenience only and have no legal or contractual effect. Any notice to you in connection with this Agreement will be effective when we send it to the last email or physical address you gave us or posted on our Site.