TERMS AND CONDITIONS
Effective Date: 10 September 2021
The following Terms and Conditions apply to your purchase of goods from Ali Weiss Jewelry ("we", "us", "our"). Please review carefully, as your purchase of products will be controlled by these Terms and Conditions. PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE DISPUTES, AND A WAIVER OF JURY TRIAL AND CLASS PROCEDURES FOR ANY DISPUTE RELATED TO YOUR PURCHASE OF ANY PRODUCT FROM ALI WEISS JEWELRY. If you do not wish to accept these Terms and Conditions, do not purchase products on this website.
This website is operated by Ali Weiss Jewelry. Throughout the site, the terms “we”, “us”, “our” and “Ali Weiss Jewelry” refer to Ali Weiss Jewelry and its website, www.aliweissjewelry.com (“Website”). We offer this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service and guidelines and rules. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Your Account; Age Requirements
By agreeing to these Terms of Service, you represent that you are at least 18 years of age and you have given us your consent to allow any of your minor dependents to use this Website. If you are under the age of 18, you may access and use this Website only with the involvement of a parent or guardian. Each time you use our Services, you are representing that you are 18 years of age or older.
To use some of the services or features made available to you on this Website, you will need to register for an account. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities and communications that occur under your account or password. Ali Weiss Jewelry and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Ali Weiss Jewelry DOES NOT SELL PRODUCTS FOR PURCHASE BY CHILDREN.
We do not direct our Website to, nor do we knowingly collect any personal information from, children under the age of eighteen.
All copyright, designs, the “look and feel” of the Website, trademarks, the content and all other intellectual property and material rights relating to the content included on this Website, such as text, graphics, logos, button icons, characters, artwork, images, audio clips, digital downloads, data compilations, software, and other content of the Website (collectively, the “Site Content”) and all HTML, CGA, and other code and scripts in any format on the Website or used to implement the Website (collectively, the “Code”) is either the property of Ali Weiss Jewelry or used by Ali Weiss Jewelry under license or the property of its content or software suppliers, and is protected by United States and international copyright laws and other intellectual property laws. The selection, arrangement, and compilation of all content, facts, data, and information on the Website is the exclusive property of Ali Weiss Jewelry and protected by U.S. and international laws. Using Ali Weiss Jewelry’s Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use Site Content or Code unless you obtain express written permission from us or are otherwise permitted by law. These Terms of Service do not grant you the right to use any trademarks, branding or logos used in our Services. You may not remove, obscure, or alter any legal notices displayed in or along with our Services.
License And Access
Subject to your compliance with these Terms of Service, Ali Weiss Jewelry grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
The Website is available only for your personal use, which is limited to viewing the Website, providing information to the Website, downloading product information or other materials made available for download for your personal use, the purchase of products, and accessing any other features or functions made available to you on the Website. You may not use the Site Content or Code from the Website for any purpose other than those described in these Terms of Service. You may not use the Marks in a manner that causes confusion as to the source of the Services.
No Service, Site Content or Code, nor any part thereof, may be reproduced, duplicated, copied, distributed, sold, resold, visited, uploaded, transmitted, displayed for redistribution to third parties, republished to third parties, or otherwise exploited, for any commercial purpose without express written and signed consent of Ali Weiss Jewelry. You agree that this license does not include any of the following: resale or commercial use of any Service, the Website or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading or copying of account information for the benefit of another merchant; any downloading (other than page caching) or modifications of any portion of the Service; or any use of data mining, robots, or similar data gathering and extraction tools; any attempt to access the Services using a method other than the interface and instructions that we provide. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ali Weiss Jewelry without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not misuse the Services. You may use the Services only as permitted by law. All rights not expressly granted to you in these Terms of Service are reserved and retained by Ali Weiss Jewelry. The licenses granted by Ali Weiss Jewelry automatically terminate if you do not comply with these Terms of Service.
Nothing in this Agreement confers to you or any third-party, by implication, estoppel or otherwise, any proprietary or industrial right belonging to Ali Weiss Jewelry. Your failure to comply with these Terms of Service will constitute breach of contract and will violate our copyright, trademark and other commercial, proprietary and industrial property rights.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us. In addition to other prohibitions as set forth in this Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others (including but not limited to removing, obscuring, or altering any proprietary rights which may be affixed to or contained within the Website; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect, harvest or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses without notice.
Limited License for Hyperlinks to Website
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to www.aliweissjewelry.com so long as the link does not portray (in Ali Weiss Jewelry’s sole determination) Ali Weiss Jewelry, or its products or Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of Ali Weiss Jewelry’s logos or other proprietary graphics or trademarks as part of the link without express written and signed permission.
In using this Website, you agree not to submit, design, upload, generate or create any products with language, words, text, phrases, or slogans, including but not limited to text, data, photos, graphics, or any of these elements (the "Design Content") that are “Objectionable”. For purposes of these Terms of Services, Objectionable includes, but is not limited to, anything that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially or ethnically objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
Use Of Comments Submitted By You
We do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing our current products or any new products. You may submit only Comments that are your own original work. You may not infringe, misappropriate or violate the rights of third parties by your submission of any Comments. By submitting Comments, you warrant that we may reproduce, use, disclose, distribute or publish such information, use it as part of our operations, and develop or incorporate any ideas, concepts, know-how or techniques contained in such Comments for any purpose whatsoever in our Services or products without limitation or liability or obligation to you or any third-party.
Promises About Printed Matter, Comments, And Design Content.
You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comment, Design Content, Printed Matter, or other submission. Ali Weiss Jewelry reserves the right (but not the obligation) to remove or edit any such submission, but does not regularly review posted content. By making this purchase, you affirm that you are not relying on the printed matter appearing on the merchandise as an indicator for the source, origin, sponsorship or endorsement of the products. You confirm that you are purchasing these products because of the decorative, artistic design element. You acknowledge and agree that we may preserve Comments, Design Content and printed matter (collectively “Material”) and may publicly disclose the Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Material violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Ali Weiss Jewelry, its users or the public. You understand that the technical processing and operation of the Website, including any Material, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
Content From And Links To Other Sites and Option Tools
Our Services may display or link to some content that is not from Ali Weiss Jewelry. This content is the sole responsibility of the entity that makes it available. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in non- Ali Weiss Jewelry sites to which you may be directed or hyperlinked from this Website. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not assume any obligation to review content.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The purchase of Products through this Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York and who meet the requirements set forth herein.
Ali Weiss Jewelry attempts to be as accurate as possible. However, Ali Weiss Jewelry does not warrant that product descriptions or other content of this Website or any Ali Weiss Jewelry Service is accurate, complete, reliable, current, or error-free. If a product offered by Ali Weiss Jewelry itself is not as described, your sole remedy is to return it in unused condition. In particular, although we have made every effort to display the dynamic products and their colors as accurately as possible, the displayed colors of the products will depend upon your monitor and computer settings and we cannot guarantee that your monitor and computer settings will accurately portray the actual colors of the products. We reserve the right to make corrections and changes to the Website, including product descriptions, at any time without notice. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
The prices displayed are quoted in U.S. dollars and other currencies. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include any handling, except as otherwise noted or third party license fees.
Despite our best efforts, a small number of the items on our Website may be mispriced. If we discover a mispricing, we will do one of the following:
(i) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
(ii) If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
All orders are subject to acceptance and availability and items in your shopping cart are not reserved and may be purchased by other customers. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Ali Weiss Jewelry reserves the right to accept or deny shipment to anyone for any reason. Ali Weiss Jewelry reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Ali Weiss Jewelry reserves the right to cancel the order and notify the cardholder or the authorities.
Shipping And Delivery
Ali Weiss Jewelry SHIPS ORDERS WITHIN THE 50 UNITED STATES VIA DHL, USPS, UPS AND FEDEX.
ORDERS SHIPPED USUALLY ARRIVE WITHIN THREE (3) TO TEN (10) BUSINESS DAYS AFTER THE PACKAGE IS PICKED UP BY THE SHIPMENT PROVIDER. CUSTOM OR MADE-TO-ORDER PRODUCTS WILL SHIP WITHIN THE ABOVE SHIPMENT WINDOW AFTER THE MERCHANDISE HAS BEEN MANUFACTURED AND DELIVERED TO THE SHIPPING WAREHOUSE. DUE TO THE HOLIDAY SEASON, ANY ORDERS PLACED AFTER DECEMBER 24TH WILL TAKE 7-10 WEEKS TO BE DELIVERED. IF YOU HAVE ANY QUESTIONS PLEASE CONTACT THE CUSTOMER SERVICE TEAM. ACCURATE SHIPPING ADDRESS AND PHONE NUMBER ARE REQUIRED. YOUR SIGNATURE MAY BE REQUIRED FOR DELIVERY. BECAUSE MANY EVENTS MAY OCCUR AT YOUR DELIVERY ADDRESS THAT ARE BEYOND OUR CONTROL, YOU AGREE THAT ANY DELIVERY CONFIRMATION PROVIDED BY THE CARRIER IS SUFFICIENT PROOF OF DELIVERY TO THE CARDHOLDER, EVEN WITHOUT A SIGNATURE.
Please note that refunds or cancellations are only available within 24 hours after you place your order. After 24 hours, no refunds or order cancellations are permitted.
If you wish to cancel your order and be refunded, you must contact Ali Weiss Jewelry within 24 hours of your order at the following points of contact: email@example.com.
We want you to be happy! If you don't love your piece, you can exchange it within 7 days of delivery. You can exchange or return your Ali Weiss Jewelry items for store credit only within 7 days of delivery and with all original packaging, and our stylists will help you find replacement(s) All personalized pieces and sale items are final sale.
If the product is to be returned, you should mail your product to: Ali Weiss Jewelry, 384 Main Street Armonk, NY 10504. You will be responsible for paying for your own shipping costs for returning your item.
Shipping costs are non-refundable. You should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item. Depending on where you live, the time it may take for return processing may vary.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item.
If you’ve followed the above procedure and you have not received a notification email, please contact us at firstname.lastname@example.org
Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We authorize and capture funds at time of order placement for custom, made-to-order pieces.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Disclaimer Of Warranties
THIS WEBSITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED BY Ali Weiss Jewelry ON AN "AS IS" AND "AS AVAILABLE" BASIS. Ali Weiss Jewelry MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, Ali Weiss Jewelry DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ALL PRODUCTS AND SERVICES. Ali Weiss Jewelry DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE FREE OF ERRORS, DEFECTS, COMPUTER VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO CASE SHALL Ali Weiss Jewelry, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, Ali Weiss Jewelry OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF Ali Weiss Jewelry’s NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Ali Weiss Jewelry FOR ANY CLAIM UNDER THESE TERMS OF SERVICE OR FOR ANY WAIVEABLE WARRANTY IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES OR PRODUCTS.
Ali Weiss Jewelry operates the Website from the United States under the laws of the United States. It is possible that some software that may be downloaded from the Website is subject to government export control or other restrictions such as the Export Administration Act and the Arms Export Control Act. By visiting and using our Website, you acknowledge these restrictions and agree that you are not subject to them. You also agree not to transfer any Site Content or Code to a foreign national or a foreign destination in violation of such laws.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Armonk, New York before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Ali Weiss Jewelry’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.