Welcome to
JewelryPopular. By using our site, you are agreeing
to comply with and be bound by the following terms
of use. Please review the following terms carefully.
If you do not agree to these terms, you should not
use this site. The term “JewelryPopular”,
“us” or “our” refers to JewelryPopular.com,
the legal name of the owner of the Web site. The term
“you” refers to the user or viewer of
our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions
outlined in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings
with respect to the Site, the content, products or
services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may
be amended at any time by us from time to time without
specific notice to you. The latest Agreement will
be posted on the Site, and you should review this
Agreement prior to using the Site.
2. Copyright.
The Site, including any content, software
and services offered thereon, are the property of
JewelryPopular.com and its suppliers. It is protected
by the copyright and/or other intellectual property
laws of India and internationally. You are hereby
authorized solely to view and to retain a copy of
pages of this Site for your own personal use. Do not
duplicate, publish, modify, or otherwise distribute
the material on this Site unless specifically authorized
in writing by JewelryPopular.com to do so. You hereby
acknowledge and agree that, as between JewelryPopular.com
and you, all right, title, and interest in and to
the Site and the provision thereof, including without
limitation any patent rights, patents, business methods,
copyrights, trademarks, trade secrets, inventions,
know-how, and all other intellectual property rights
pertaining thereto, shall be owned exclusively by
JewelryPopular.com. Except as expressly authorized by
JewelryPopular.com herein, you agree not to make, copy,
display, modify, rent, lease, license, loan, sell,
distribute, or create derivative works of the Site,
in whole or in part
3. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the Site strictly
in accordance with this Agreement; (b) to use the
Site solely for internal, personal, non-commercial
purposes; and (c) to print out discrete information
from the Site solely for internal, personal, non-commercial
purposes and provided that you maintain all copyright
and other policies contained therein. No print out
or electronic version of any part of the Site or its
contents may be used by you in any litigation or arbitration
matter whatsoever under any circumstances.
4. Restrictions and Prohibitions on
Use.
Your license for access and use of
the Site and any information, materials or documents
(collectively defined as “Content and Materials”)
therein are subject to the following restrictions
and prohibitions on use: You may not (a) copy, print
(except for the express limited purpose permitted
by Section 4 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make
available in any form or by any means all or any portion
of the Site or any Content and Materials retrieved
from it; (b) use the Site or any materials obtained
from the Site to develop, of as a component of, any
information, storage and retrieval system, database,
information base, or similar resource (in any media
now existing or hereafter developed), that is offered
for commercial distribution of any kind, including
through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism; (c)
create compilations or derivative works of any Content
and Materials from the Site; (d) use any Content and
Materials from the Site in any manner that may infringe
any copyright, intellectual property right, proprietary
right, or property right of us or any third parties;
(e) remove, change or obscure any copyright notice
or other proprietary notice or terms of use contained
in the Site; (f) make any portion of the Site available
through any timesharing system, service bureau, the
Internet or any other technology now existing or developed
in the future; (g) remove, decompile, disassemble
or reverse engineer any Site software or use any network
monitoring or discovery software to determine the
Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i)
use the Site for the purpose of gathering information
for or transmitting (1) unsolicited commercial email;
(2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing;
and (3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state
or federal law regulating email, facsimile transmissions
or telephone solicitations; and (k) export or re-export
the Site or any portion thereof, or any software available
on or through the Site, in violation of the export
control laws or regulations of the United States.
5. Forms, Agreements & Documents
We may make available through the
Site or through other Web sites sample and actual
forms, checklists, business documents and legal documents
(collectively, “Documents”). All Documents
are provided on a non-exclusive license basis only
for your personal one-time use for non-commercial
purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Documents
are provided for a charge and without any representations
or warranties, express or implied, as to their suitability,
legal effect, completeness, currentness, accuracy,
and/or appropriateness. THE DOCUMENTS ARE PROVIDED
“AS IS”, “AS AVAILABLE”, AND
WITH “ALL FAULTS”, AND WE AND ANY PROVIDER
OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. The Documents
may be inappropriate for your particular circumstances.
Furthermore, state laws may require different or additional
provisions to ensure the desired result. You should
consult with legal counsel to determine the appropriate
legal or business documents necessary for your particular
transactions, as the Documents are only samples and
may not be applicable to a particular situation. Some
Documents are public domain forms or available from
public records.
6. No Legal Advice or Attorney-Client
Relationship.
Information contained on or made available
through the Site is not intended to and does not constitute
legal advice, recommendations, mediation or counseling
under any circumstance and no attorney-client relationship
is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information
contained in or linked to the Site. Your use of information
on the Site or materials linked to the Site is entirely
at your own risk. We are not a law firm and the Site
is not a lawyer referral service.
7. Linking to the Site.
You may provide links to the Site,
provided (a) that you do not remove or obscure, by
framing or otherwise, advertisements, the copyright
notice, or other notices on the Site, (b) your site
does not engage in illegal or pornographic activities,
and (c) you discontinue providing links to the Site
immediately upon request by us.
8. Advertisers.
The Site may contain advertising and
sponsorships. Advertisers and sponsors are responsible
for ensuring that material submitted for inclusion
on the Site is accurate and complies with applicable
laws. We are not responsible for the illegality or
any error, inaccuracy or problem in the advertiser’s
or sponsor’s materials.
9. Errors, Corrections and Changes.
We do not represent or warrant that
the Site will be error-free, free of viruses or other
harmful components, or that defects will be corrected.
We do not represent or warrant that the information
available on or through the Site will be correct,
accurate, timely or otherwise reliable. We may make
changes to the features, functionality or content
of the Site at any time. We reserve the right in our
sole discretion to edit or delete any documents, information
or other content appearing on the Site.
10. Indemnification.
You agree to indemnify, defend and
hold us and our partners, agents, officers, directors,
employees, subcontractors, successors, assigns, third
party suppliers of information and documents, advertisers,
product and service providers, and affiliates (collectively,
"Affiliated Parties") harmless from any
liability, loss, claim and expense related to your
violation of this Agreement or use of the Site.
11. Nontransferable.
Your right to use the Site is not
transferable or assignable. Any password or right
given to you to obtain information or documents is
not transferable or assignable.
12. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS
FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," WITH “ALL FAULTS”,
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT
AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT
AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE
PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR
ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE
ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
13. Limitation of Liability
(a) We and any Affiliated Party shall
not be liable for any loss, injury, claim, liability,
or damage of any kind resulting in any way from (a)
any errors in or omissions from the Site or any services
or products obtainable therefrom, (b) the unavailability
or interruption of the Site or any features thereof,
(c) your use of the Site, (d) the content contained
on the Site, or (e) any delay or failure in performance
beyond the control of a Covered Party.
(b)THE AGGREGATE LIABILITY OF US AND
THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM
ARISING OUT OF OR RELATING TO THE SITE AND/OR THE
PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED
HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT
SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY
HAVE AGAINST US AND ANY AFFILIATED PARTY.
14. Use of Information.
We reserve the right, and you authorize
us, to the use and assignment of all information regarding
Site uses by you and all information provided by you
in any manner consistent with our Privacy Policy.
All remarks, suggestions, ideas, graphics, or other
information communicated by you to us (collectively,
a "Submission") will forever be our property.
We will not be required to treat any Submission as
confidential, and will not be liable for any ideas
(including without limitation, product, service or
advertising ideas) and will not incur any liability
as a result of any similarities that may appear in
our future products, services or operations. Without
limitation, we will have exclusive ownership of all
present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled
to use the Submission for any commercial or other
purpose whatsoever, without compensation to you or
any other person sending the Submission. You acknowledge
that you are responsible for whatever material you
submit, and you, not us, have full responsibility
for the message, including its legality, reliability,
appropriateness, originality, and copyright.
15. Securities Laws.
The Site may include statements concerning
our operations, prospects, strategies, financial condition,
future economic performance and demand for our products
or services, as well as our intentions, plans and
objectives (particularly with respect to product and
service offerings), that are forward-looking statements.
These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties,
many of which are beyond our control. When used on
our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks,"
"plans," "intends," "will"
and similar expressions are intended to identify forward-looking
statements designed to fall within securities law
safe harbors for forward-looking statements. The Site
and the information contained herein does not constitute
an offer or a solicitation of an offer for sale of
any securities. None of the information contained
herein is intended to be, and shall not be deemed
to be, incorporated into any of our securities-related
filings or documents.
16. Links to other Web Sites.
The Site contains links to other Web
sites. We are not responsible for the content, accuracy
or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for
accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement
of the linked Web site by us. If you decide to leave
our Site and access these third-party sites, you do
so at your own risk.
17. Miscellaneous.
This Agreement shall be treated as
though it were executed and performed in San Francisco,
California, and shall be governed by and construed
in accordance with the laws of the State of California
(without regard to conflict of law principles). Any
cause of action by you with respect to the Site (and/or
any information, Documents, products or services related
thereto) must be instituted within one (1) year after
the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations
set forth in Section 16 and Section 17. The language
in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against any party.
Any rule of construction to the effect that ambiguities
are to be resolved against the drafting party shall
not apply in interpreting this Agreement. This Agreement
and all incorporated agreements and your information
may be automatically assigned by us in our sole discretion
to a third party in the event of an acquisition, sale
or merger. If any provision of this agreement is held
illegal, invalid or unenforceable for any reason,
that provision shall be enforced to the maximum extent
permissible, and the other provisions of this Agreement
shall remain in full force and effect. If any provision
of this Agreement is held illegal, invalid or unenforceable,
it shall be replaced, to the extent possible, with
a legal, valid, and unenforceable provision that is
similar in tenor to the illegal, invalid, or unenforceable
provision as is legally possible. To the extent that
anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any
provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce
such provision. Our rights under this Agreement shall
survive any termination of this Agreement. The title,
headings and captions of this Agreement are provided
for convenience only and shall have no effect on the
construction of the terms of this agreement.
18. Arbitration.
Any legal controversy or legal
claim arising out of or relating to this Agreement
or our services, excluding legal action taken by us
relating to Site operations and/or intellectual property,
shall be settled solely by confidential binding arbitration
in accordance with the commercial arbitration rules
of JAMS applicable at the time the arbitration commences.
Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of
any other party. The arbitration shall be conducted
in San Francisco, California. Each party shall bear
its own attorneys' fees. Each party shall bear one-half
of the arbitration fees and costs incurred through
JAMS.
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