I. TERMS & CONDITIONS
WEBSITE AND ONLINE STORE USER AGREEMENT
TERMS OF SERVICE – Website, Online Ordering, and Products and Services
This website is operated by Birmingham Jewelry Inc.. Throughout the site, the terms "Birmingham Jewelry", “we”, “us” and “our” refer to Birmingham Jewelry Inc.. Birmingham Jewelry offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of and agreement with all terms, conditions, policies and notices stated herein.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site and/or our Services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to this website and/or the current online store shall also be subject to the Terms of Service. We reserve the right to update, change or replace ("changes") any of these Terms of Service without notice. It is your responsibility to review our Terms of Service periodically for changes. Your continued use of or access to the website and/or our Services following the implementation of any such changes constitutes acceptance of and agreement with those changes.
Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to offer and sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By accessing or using any part of the site or our Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site or our Services.
You may not use our products or Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to or use of our website or Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right, at our sole discretion, to refuse service or restrict delivery to anyone for any reason at any time.
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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site or any of our Services at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site and Services.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES VIA ONLINE SALES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or services may have limited quantities or offerings and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors, images, and features of our products that appear on our online store. We cannot guarantee that your computer monitor's or smart device's display of any color or product feature will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
Products displayed on our site are available while supplies last. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products, product features, or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue, or change the specifications of, any product or Service at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant or guarantee that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
SECTION 6 - ACCURACY OF 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, distributors, or the like.
You agree to provide current, complete and accurate purchase and account information for all purchases that you make with us. 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.
For more detail, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools, resources, or services ("tools") over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, guarantees, 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 site 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.
SECTION 8 - THIRD-PARTY LINKS – LIMITATION OF LIABILITY
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
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.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS – LIMITATION OF LIABILITY
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, or any other aspect of our Services. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including (without limitation) pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be deemed to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, its content, or any of our Services: (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; (e) to harass, abuse, insult, harm, defame, slander, disparage, threaten, 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 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. You hereby indemnify and hold harmless Birmingham Jewelry against any loss, liability, damage, or expense of whatever nature or kind which Birmingham Jewelry or any third party may suffer which is caused by, or related or attributable to, (whether directly or indirectly) your use of this website to send or post any such prohibited message or material or be involved in any such prohibited action or inaction. We reserve the right to terminate your use of the Service or any related website for violating, or appearing to violate, any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service, in whole or in part, for indefinite periods of time or cancel the Service at any time, without notice to you.
BIRMINGHAM JEWELRY MAKES NO WARRANTIES, REPRESENTATIONS, GUARANTEES, OR STATEMENTS WHATSOEVER (WHETHER EXPRESS OR IMPLIED) REGARDING THIS WEBSITE, THE INFORMATION CONTAINED ON THIS WEBSITE, OUR SERVICES, OR YOUR PERSONAL INFORMATION OR MATERIAL AND INFORMATION TRANSMITTED OVER OUR SYSTEM.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU BY US OR THROUGH THE SERVICE ARE (EXCEPT AS MAY BE EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL BIRMINGHAM JEWELRY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, EXPENSE, 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, LOSS, OR HARM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED FROM US OR THROUGH YOUR USE OF THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT PURCHASED FROM OR SERVICED BY US, 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, OUR LIABILITY IN SUCH STATES OR JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Birmingham Jewelry and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – INTELLECTUAL PROPERTY
Birmingham Jewelry, Birmingham Jewelers, Designs By Gregory, Discover the Birmingham Difference, and all associated names, logos, slogans, taglines, signatures, and designs are among the trademarks and service marks ("trademark") owned by Birmingham Jewelry, Inc. Nothing contained on this website (or any of our Services) should be construed as granting any right or license to use any trademark without the prior written permission of Birmingham Jewelry. Any third party mark used or depicted on this website are owned by such third party.
The materials and information found on this website (including the content, format, and design of, and images contained on, this website), and all jewelry and product designs and features, are owned by Birmingham Jewelry, Inc. and protected by the copyright laws of the United States of America as provided under Title 17 of the U.S. Code and the corresponding laws, rules, and regulations regarding the same.
Limited permission is granted to you only to view and print materials from the website for the non-commercial purpose of viewing, reading, and retaining information for your personal reference. Any other copying, distribution, retransmission, or modification of materials or information on or from this website (or any of our Services) in any format or medium, without the prior express written permission and appropriate attribution of Birmingham Jewelry, Inc., is strictly prohibited.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement unless otherwise expressly excluded in or changed by these Terms.
You may terminate these Terms of Service at any time only by notifying us in writing that you no longer wish to access or use our Services or when you cease accessing and/or using our site.
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against us.
SECTION 19 - GOVERNING LAW
SECTION 20 - CHANGES TO TERMS OF SERVICE AND POLICIES
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service, or any of our policies, should be sent to us in writing at firstname.lastname@example.org.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site and/or our Services, you agree to be bound by these Terms of Service. If you do not agree to all of the Terms, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.