Terms and Conditions
AGREEMENT TO LEGAL TERMS
We are J.C. Com, Inc. ("Company," “The Jewelers Circle”, "we," "us," "our"), a company registered in Florida, United States at Delray Beach, FL 33483. We operate the website https://jewelerscircle.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). You can contact us by phone at +1.212.580.3091, email at firstname.lastname@example.org, or by post to 790 Andrews Avenue, Unit F10, Delray Beach, FL 33483, United States. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and The Jewelers Circle, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print a copy of these Legal Terms for your records. We make no warranty or representation that the Services are authorized for use in every jurisdiction or country. Users who choose to access the Services do so on their own initiative and are solely responsible for compliance with local laws.
The Jewelers Circle owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, videos, software and other content of the Website (the "Content"), and all HTML, CGI and other code and scripts in any format used to implement the Website (the "Code"). Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services; and 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. Except as set out in this section or elsewhere in our Legal Terms, and as part of the purchase of Product(s) through the Services, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: email@example.com. All rights not explicitly granted to you in these Terms are expressly reserved by Us.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
By making an offer or purchasing on these services, you represent and warrant that you are not subject to trade sanctions, embargoes or any other restriction on trade in the jurisdiction in which you do business under the laws of the European Union, the laws of England and Wales, or the laws and regulations of the United States, and that you are not owned (nor partly owned) or controlled by any such sanctioned person(s).
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation, or cause another individual to violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. It is your responsibility to review all of the information provided about a product, including the condition rating, before placing an order. Notwithstanding the foregoing, we do not warrant that the product descriptions, condition reports, images or other information provided are accurate, complete, precise, reliable, current or error-free.
Where possible, certain products listed on the Services may be accompanied by reports or endorsements regarding their quality or characteristics. These reports or endorsements are submitted by the listing party for informational purposes only and We make no representations or warranties regarding their accuracy and expressly disclaim any responsibility or liability for such reports or endorsements. By using these Services, you represent that you understand reports and endorsements are occasionally subject to change by their issuing regulatory bodies or laboratories as opinions change over time, and you expressly release Us from any damages, liability, or other harm related to changing reports or endorsements.
PURCHASE AND PAYMENT
All orders are subject to our acceptance, and we will not be obligated to fulfill any order unless and until we accept it. You may cancel or withdraw your order within twenty-four (24) hours of placement for any reason. Orders are subject to product availability, and we may, in our sole discretion, choose to limit, cancel, refrain from processing, or prohibit an order for any reason. This may occur, for example, if the product ordered is out of stock (including if another purchaser places an order for a particular product before you do) or has been mispriced, if we suspect the order is fraudulent, if the relevant seller declines your offer for a product, or in other circumstances we deem appropriate in our sole discretion. We also reserve the right to take steps to verify your identity before accepting or processing your order or after your order is accepted or processed. If we accept your order, we will send you a confirmation email with your order number, a summary of the items ordered, and shipping and pricing details. Our acceptance of your order and the formation of a contract of sale between you and us with respect to the relevant product(s) will not take place unless and until you have received your confirmation email and your method of payment is charged. If your order cannot be completed for any reason, we will notify you using the information you provide when placing your order, and in such case we may cancel the contract of sale between you and us. We also reserve the right to cancel the contract of sale between you and us in our sole discretion after the confirmation in the event you fail to satisfy any of our user verification requirements.
In some circumstances it may be possible to view products prior to purchasing at our secure location in New York. If you are interested in this option for any particular piece, please contact us to see if that option is available.
If an error occurs, we will inform you using the information you provide when placing your order and you may either confirm your order (at the corrected product pricing) or cancel the order. Neither posted prices nor the dollar value of an offer you submit on a product include taxes, including VAT, or charges for shipping and handling, unless otherwise specified on the relevant product page. For US buyers purchasing items from US-based or international-based sellers, estimated taxes and, if applicable, shipping and handling charges will be added to your merchandise total and will be itemized in your shopping cart and in your purchase confirmation. For buyers based outside the US, we do not calculate or apply any local taxes, import duties, or other local requirements, which are the sole responsibility of the buyer. Where possible, we will attempt to provide resources or materials to assist international buyers in calculating applicable taxes, duties, and other local requirements, although such materials are provided for informational purposes only and we disclaim any responsibility or liability for the completeness or accuracy of such third party materials.
We may process payments through third-party service providers, which may post operating rules related to payment on their respective websites and change such rules from time to time. By placing an order, you authorize us, and our third-party service providers, to immediately charge your selected payment method for all amounts presented to you in the checkout and purchase process. You represent and warrant that: (a) the payment information (including any credit or debit card information) you supply to us is true, correct, and complete; (b) you are duly authorized to use such payment method for the purchase; (c) charges incurred by you will be honored by your credit or debit card company (if applicable); and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due promptly upon our first demand. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
In some circumstances we offer the option to purchase items over the phone, which includes the ability to pay by wire transfer. For any item priced above $10,000 USD, wire transfer is the required payment method due to security considerations.
We offer various shipping options for Products ordered through the Services. In some cases we will be shipping Products while in other cases a third-party supplier may be managing our inventory and will be responsible for shipping your products.
Please note that we are not able to ship products to certain destinations, including to any country that is currently subject to a U.S. embargo, sanctions or other export controls. Please contact us to confirm whether we ship to your intended destination. Once a purchase confirmation is issued, we will arrange for shipment of the ordered products to you through a third party delivery service provider, and we will provide a shipment tracking number upon shipment of all or any part of your order. Shipping and delivery dates and times are estimates only and cannot be guaranteed, and we are not liable for any loss or damage caused by a delay in shipment. We do not ship to P.O. Boxes or APO/FPO addresses.
It is the purchaser’s sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permit for the item. We make no representations or warranties as to whether any item is or is not subject to export or import restrictions or any embargoes.
USER CONTENT AND SUBMISSIONS
The Services may invite you to post, chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any content that is publicly posted or otherwise submitted to us through the Services shall also be treated as a Contribution. When you post Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels. To the fullest extent permissible by applicable law, waive any and all moral rights to any such Contribution. This license includes the right to use your name, company name, and franchise name, or other identifying information you submit to identify you as a user of the Services and to associate you with your Contributions.
You are solely responsible for what you post or upload. By submitting each Contribution through any part of the Services, you confirm that the Contribution is not submitted for a purpose contrary to these Legal Terms. You represent and warrant that the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. You further represent and warrant that each Contribution is not illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading. You warrant that each Contribution is original to you or that you have the necessary rights and licenses to submit each Contribution and that you have full authority to grant us the above-mentioned rights in relation to your Contribution. You are solely responsible for your Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of these Legal Terms in connection with your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services.
Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our sole discretion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the appropriate authorities.
INTELLECTUAL PROPERTY RIGHTS
The Jewelers Circle owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, videos, software and other content of the Website (the "Content"), and all HTML, CGI and other code and scripts in any format used to implement the Website (the "Code"). The Content and Code of the Website are protected by copyright. Except as set forth herein, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Website without our prior written agreement. You may not use the Content or Code from the Website for any purpose other than those set forth herein. All names, logos and trademarks which appear on the Website are the property of Jeweler’s Circle. You may not use them in any manner which is likely to cause confusion or in any other way without the prior express written permission from us.
If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information: (1) identification of the copyrighted work or trademark that you claim has been infringed; (2) identification of the allegedly infringing content, and information reasonably sufficient to permit us to locate it in the Site; (3) a statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law; (4) a statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner’s behalf; and (5) your physical or electronic signature, together with your contact information (address, telephone number and email address). We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user’s account if the user is determined to be a repeat infringer.
You can send us your copyright or trademark notices by email to firstname.lastname@example.org.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise. Sell or otherwise transfer your profile.
Our intent is to maintain these Services and the Site in a manner that provides a positive experience for all users and we reserve the right to update and amend this list of Prohibited Activities at any time to further that goal.
In certain situations and for certain items, The Jewelers Circle may make available an enhanced level of customer service known as a Concierge Service. The Concierge Service may assist with services including but not limited to pricing questions, pricing negotiations, shipping and piece inspection. You understand that the Concierge Service is not available for all products, in all locations, or in all circumstances. You further understand that the availability of the Concierge Service does not change or alter any of the terms or conditions of this Agreement.
At The Jewelers Circle, we offer complimentary shipping on all orders within the US, while international orders are subject to shipping fees that are applied at checkout based on the destination. Please note that returns will not be refunded and are the responsibility of the buyer, except in cases where the item received is defective or damaged. If you need to return an item, please contact us via email at email@example.com with your name, address, order number, and the reason for the return. We will then send you a form to include in your package. Please understand that the return of a product is the responsibility of the buyer. It is her/his responsibility to ensure that the product is well packaged and protected for shipping. The cost of shipping depends on the country of origin of the buyer. To be eligible for a refund or exchange, the returned item must be unused, and with all supplied tags and original packaging. Returns will not be accepted from Purchasers in situations where a Jewelers Circle tag has been tampered with or removed, or where the item is in a materially different condition from the condition in which it was shipped to you. Please follow the instructions provided by our team for returning the item. Please allow up to 7 business days for us to process your return. Refunds will be issued using the same payment method as the original purchase or as store credit that can be used on our website. Please note that we do not accept returns on personalized or bespoke items.
Any individual at the delivery address who accepts a delivery from the delivery service provider is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. Products may be returned solely in accordance with this return policy, which may be updated from time to time in our sole discretion.
Returns are accepted within 14 days of the delivery date, provided that the jewelry item is in its original condition and packaging, with all tags attached. To initiate a return, please contact our customer service team at firstname.lastname@example.org or call us at +1.212.580.3091 with your order number and reason for return. Once we receive your returned jewelry item, we will inspect it to ensure that it is in its original condition and packaging. If the item meets these criteria, we will issue a refund to your original payment method within 7 business days.
Please note that the customer is responsible for all shipping costs associated with returning the jewelry item. We recommend that you use a trackable shipping method and insure the package for the full value of the item, as we cannot be held responsible for lost or damaged packages. If you receive a damaged or defective jewelry item, please contact us immediately after opening the package, please include photos and a description of the issue. We will work with you to provide a replacement or refund, as applicable. Please note that we cannot accept returns on the following jewelry items: Custom or personalized jewelry; Jewelry items that have been altered or modified in any way.
We value our customers and want you to be satisfied with your purchase. If you have any questions or concerns about the return process, please do not hesitate to contact us.
GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria, in addition to complying with the overall Legal Terms for these Services: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you acknowledge and agree that all such submitted content is considered a Contribution as set out in these Legal Terms.
THIRD-PARTY WEBSITES AND CONTENT
You acknowledge that we customarily offer products for sale on behalf of third-party sellers. As a result, in offering certain products as part of the services and accepting and fulfilling orders we are acting as the applicable seller’s agent and we do not take or transfer title to the product offered for sale through the services. We do not produce, endorse, or recommend any of the products made available through the services. We are not affiliated with, endorsed by, or otherwise associated with any consignor or seller, or the retailer, designer, manufacturer, artist, author or other creator of the products.
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third- Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies of all Third-Party Websites, including privacy and data gathering practices. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall indemnify us from any harm caused by your purchase of such products or services. Additionally, you shall indemnity us from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We may allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD- PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
If you have any questions, complaints, or compliments regarding the Services, please contact us at:
J.C. Com, Inc.
Delray Beach, FL 33483 United States
Phone: 1 (212) 580-3091 or 1 (888) 859-7030