SITE USE AGREEMENT
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Welcome to ImagesJewelers.com, where we provide information, goods and services to you subject to the following conditions. If you visit, download information, shop or purchase at the ImagesJewelers.com website (hereinafter referred to as “Site”, "Images Jewelers " or "Images Jewelers, Inc."), you hereby accept and are legally bound by all of these terms and conditions for the use of this Site. Please read them carefully.
By using this website located at ImagesJewelers.com ("Site"), you signify your Agreement to all terms, conditions and notices contained or referenced (hereinafter referred to as “Site Use Agreement”). If you do not agree with the terms and conditions of this Site Use Agreement, please do not use this Site.
We also reserve the right to, as determined in our sole discretion, update or revise any terms or conditions herein at anytime. Please check the Site Use Agreement periodically for changes.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept full responsibility for any and all activities that occur under your account or password.
Images Jewelers sells goods and services to adults who can purchase with a credit card or by other similar means. If you are under 18 years of age, you may use the Site only with involvement and consent of a duly authorized parent or guardian.
Images Jewelers reserves the right to at any time refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Specific to the offering for sale, purchase, delivery and use of Images Jewelers equipment, Images Jewelers does not employ or operate any office, sales room, sales agents, warehouses or other place of business other than those exclusively located within the State of Indiana, with respect to the sale or delivery of goods or services offered hereby. Neither does Images Jewelers allow or permit, the temporary or permanent employment or services of agents, affiliates, affiliate partners or similar such third parties, either directly, or indirectly, in the sales of goods or services from any other state than that of Indiana.
At the time of your submission of any bona fide offer of purchase, or any other form of purchase of goods or services from Images Jewelers, you hereby agree to complete any such offer or purchase, with your ownership of such goods or services thereby accepted by you immediately following any sale, or upon shipment of such goods or the delivery of services thereby.
At the time of any sale or offer of purchase, whether by telephone, website or other forms of electronic communications, your contemporaneous agreement to pay for such goods and services prior to delivery is hereby expressly agreed to. Your failure to honor any offer of sale accepted by Images Jewelers, or any failure to complete any transaction made in good faith with Images Jewelers, thereby constitutes a breach of contract subject to adjudication in any Court of competent jurisdiction as selected in the sole discretion of Images Jewelers.
Images Jewelers engages in the lawful sale of goods and services exclusively within the state of Indiana, and does not hire or employ any third party sales or delivery representative operating in any other state for the purpose of taking your orders, making sales, deliveries, installing, assembling, repairing, maintaining, servicing, deriving rentals, selling, warehousing and delivering goods or services, either directly or indirectly, whether by employees, agents or representatives, in any state except in Indiana.
When you visit the Images Jewelers Site, or send e-mail to us, you are communicating with us electronically without limitation, and therefore consent to receive communications from us electronically without limitation. We will communicate with you by e-mail, or other electronic forms of communication, such as by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and that you hereby consent to receive promotional, transactional or service related email communications from us, without any limitation.
LICENSE AND SITE ACCESS
Use of the Site grants authorized persons a limited license to access and make personal use of this Site, and not to download (other than page caching) or modify any portion of it, except with express written consent of Images Jewelers .
This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This Site, nor any portion of this Site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Images Jewelers.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed within the Site, or otherwise created, authorized or reproduced by Images Jewelers, or it's affiliated websites, without our express written consent of Images Jewelers.
Further, you may not use any Meta Data, Micro Data, Computer Code, or any other "hidden text" utilizing the Images Jewelers name, or any derivative names or marks, without the express written consent of Images Jewelers.
You, as a consumer, are granted a limited, revocable, and nonexclusive right to create a hyperlink to ImagesJewelers.com Site, or it's affiliated websites, only so long as the link does not portray Images Jewelers or any affiliated websites owned or controlled by Images Jewelers, or its products or services, in a false, misleading, critical, derogatory, or otherwise offensive matter. You may not use any Site logo or other proprietary graphic or trademark developed, owned or cotrolled by Images Jewelers, as part of the link, or otherwise, without our express written permission.
Any unauthorized Site Use terminates the permission or license granted by Images Jewelers.
RESTRICTIONS ON USE OF MATERIALS
This Site is owned and operated by Images Jewelers, (also otherwise referred to herein as "we," "us," or "our" herein). All information of any kind or nature, received, viewed or communicated in connection with the Site, including customer account information, is deemed to be owned, controlled and reserved for any and all legitimate business purposes, without limitation, by Images Jewelers only.
No materials, information, data or images may be copied, reproduced, transmitted, republished, uploaded, posted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices.
Modification or use of the materials, information, goods or services obtained through the use of the Site, or use of the materials within the Site for any other purpose, is a violation of Images Jewelers copyright and other proprietary and contractual rights. The use of any such material on any other website or networked computer environment is expressly prohibited.
Except as otherwise indicated on this Site, and except for the trademarks, service marks and trade names of other companies that are displayed on the Site, all trademarks, service marks and trade names are proprietary to Images Jewelers.
In the event that you access or download any textual information, images, data, or software from the Site, the software, including any textual information, images, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are non-exclusively licensed to you, as an authorized user, under this Site Use Agreement.
Images Jewelers reserves all rights to information, data, images, files, or software, licensed or unlicensed, and does not transfer title to them or related Software to you. Images Jewelers retains full and complete title to the Software, and all intellectual property rights therein to you.
You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any textual information, images, files, data or Software to any human-perceivable or machine readable form, without the exclusive written permission of Images Jewelers, as duly evidenced by the signature of an authorized corporate officer.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Site visitors may post reviews, comments and other communications; and submit suggestions, ideas, comments, questions, or other information onthe Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Images Jewelers reserves the right (but not the obligation) to remove or edit such content, as it does not regularly review such posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Images Jewelers a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
Further, you grant Images Jewelers the right to use the name that you submit in connection with such content, in perpetuity. You also hereby represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you hereby indemnify Images Jewelers for all claims resulting from content you post or supply.
The Images Jewelers has the right, but not the obligation, to monitor and edit or remove any activity or content, and takes no responsibility or assumes any liability for any content posted by you or any third party.
PRODUCT DESCRIPTIONS AND GLOBAL SALES POLICY
Images Jewelers attempts to be as accurate as possible in creating product or services descriptions. However, Images Jewelers does not warrant the merchantability or fitness of any product, product description, services descriptions, nor any other content of this Site as accurate, complete, reliable, current, or error-free. All products are offered and sold on an as-is basis and all sales are final.
DISCLAIMER AND LIMITATION OF LIABILITY
THE PRODUCTS AND MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. IMAGES JEWELERS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF USE FOR A PARTICULAR PURPOSE. IMAGES JEWELERS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMAGES JEWELERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, (NOT IMAGES JEWELERS), WILL ASSUME THE ENTIRE COST OF ANY AND ALL DISCOVERY ACTIVITIES AND RESULTING NECESSARY CORRECTIVE ACTIONS, IF ANY. APPLICABLE LAW MAY OR MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
In no event will Images Jewelers be liable to any party, including your state or local taxing authorities, for any direct, indirect, special, incidental or consequential fees, taxes, penalties or damages for any losses associated with the Use of the Site, services rendered, the purchase and shipping of goods, or for any textual information, images, data, files, software or materials found within the Site, including, without limitation, any lost revenues, penalties, taxes, profits, business interruption, loss of programs or other data, even if Images Jewelers is expressly advised of the possibility of such damages.
RISK OF LOSS
Any and all items purchased from Images Jewelers are completed by third party shipment facilitating the delivery of your items. This means that the risk of loss and title for such items immediately passes to you upon our depositing your goods with a designated shipping carrier. To the extent you receive goods or services from Images Jewelers, but have not paid for such goods or services, and subsequently fail to pay for goods or services obtained in any manner, Images Jewelers, in its sole discretion, reserves the right to charge you (i) interest in the amount of 1.5% compounding monthly, or, (ii) interest in the maximum amount allowable under law, until such time all principal amounts and interest have been paid in full. Irrespective of any all affirmative defenses you may raise of whatever kind or nature, you are at all times obligated to immediately pay for such goods or services obtained from Images Jewelers.
COPYRIGHT AND TRADEMARK PROTECTION
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (hereinafter referred to as "Site Content"), are the property of Images Jewelers, and is protected by United States and international copyright laws.
The compilation of all content on this Site is also the exclusive property of Images Jewelers, which are protected by U.S. and international copyright laws.
In addition to the copyright protection rights afforded under Federal law, Images Jewelers, together with its successors and assigns, hereby reserves any and all rights pertaining to certain Federal trademark applications extending to various iterations and forms of the word mark, Images Jewelers.
This Agreement reserves the sole and exclusive use of all Site Content, as well as use of Company Name in all forms and iterations, Trademarks, Internet domains and related Intellectual Property, as the sole and exclusive property of Images Jewelers, which shall not be used in any manner or form without the express written consent of a duly authorized officer of Images Jewelers .
PROHIBITED USES OF SITE
Competing Businesses, Dealers, Distributors, Wholesalers, Manufacturers, together with their respective Officers, Directors, Employees, Agents, Successors and Assigns, (hereinafter referred to as "Commercial Entities"), are prohibited from using the Site or its content, for any purpose prohibited herein, or accessing or purchasing goods or services for purposes of decompiling the intellectual property of Images Jewelers, as a result of Use of the Site.
Commercial Entities improperly utilizing this Site as set forth in this Agreement in any manner, shall, without limitation, indemnify and hold Images Jewelers harmless for any and all losses or damages of whatever kind or nature, including actual attorney fees, damages, fees and court costs, resulting from any Prohibited Site Use of any information, photos, images, data, pages, goods or services obtained through the Use of the Images Jewelers website, or any affiliated website owned or controlled by Images Jewelers.
It is explicitly understood that Images Jewelers hereby reserves its right to seek and obtain immediate, temporary or permanent injunctive relief orders against any Commercial Entity or private individual violating the provisions of this Site Use Agreement or any other form of Prohibited Site Use, through a Court of Competent jurisdiction so selected by Images Jewelers, without imposition of bond, at any time.
Images Jewelers further reserves it's right to seek any appropriate additional consequential damages sustained through (i) the prohibited Use of the Site, (ii) any alleged act or acts deemed to constitute disparagement or tortuous business interference, or, (iii) any other contractual breach deemed to in any way harm Images Jeweler's ability to engage in commerce, or to sell any goods or services.
Images Jewelers further reserves the sole and exclusive right to select binding Arbitration under the Terms and Conditions of this Site Use Agreement. If selected by Images Jewelers, Arbitration shall be conducted under the rules then prevailing 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 as provided for herein. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Pending arbitration proceedings or disputes shall in no way negate any obligation to remit payment to Images Jewelers.
SALES TAXES, APPLICABLE LAW AND SEVERABILITY
Images Jewelers conducts its business exclusively from its headquarters located in Elkhart, Indiana. As a resident business of the State of Indiana, Images Jewelers reserves the right to collect Indiana Sales Taxes in the amount of 7% on all purchases made by Indiana residents, or in connection with deliveries made within the State of Indiana.
By visiting or purchasing from Images Jewelers, you agree that the laws of the State of Indiana, without regard to principles of conflict laws, will govern the terms and conditions of Site Use, and any dispute of any sort that might arise between you and Images Jewelers. In addition, you hereby agree that as a customer of Images Jewelers not residing in the State of Indiana, any applicable sales, use, local, vat tax, or any such similar taxes, will at all times remain your responsibility to timely remit payment to such country, state or local taxing authorities.
If any Site Use Conditions shall be deemed invalid, void, or for any reason unenforceable by a Court of competent jurisdiction, that condition shall be deemed severable, and shall not affect the validity and enforceability of any remaining condition.
Images Jewelers controls the Site and other wholly owned websites from its offices in Elkhart, Indiana, United States of America. Thus, you further agree that any legal action, proceeding or other matters relating to any alleged breach of contract, or your access to, or Use of, the Site or its materials, shall be governed by applicable U.S. Federal law, or the laws of the State of Indiana, as set forth herein. In the event of any legal action arising hereunder, you also agree that Images Jewelers reserves the exclusive right to submit such legal actions within any jurisdiction and venue it so chooses, including, but not limited to, any Arbitration forum, Federal or State Court within the area of Elkhart, Indiana, as exclusively selected by Images Jewelers pursuant to this Agreement.