Terms and Conditions (3/14/2024)
These Terms and Conditions are entered into by and between You and Aum Star Light LLc (“Uncover Jewels”, “we”, or “us”). This document is a set of documents each individual accepts when doing business with this company. The Terms and Conditions govern access to Uncover Jewels and its partners, applications, and tools.
Acceptance of the Terms and Conditions
By using the Website, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms and Conditions or our Privacy Policy, you may not access or use the Website. Certain areas within the Website may be governed by additional terms ("Additional Terms"), incorporated herein by reference. By using those areas of the Website, you agree to the Additional Terms.
Changes to these Terms and Conditions
At the Company's sole discretion, we may revise, update, modify, or discontinue any part of these Terms and Conditions, in whole or in part, at any time, by posting revised terms on the Website. We will notify you of such changes by posting the modified version on our Website and indicating the date it was last modified, and, if the changes are significant, we will provide a more prominent notice (including by email in certain instances). The date these Terms and Conditions were last modified is at the top of this page. We encourage you to visit our Website periodically to view the latest version. All changes are effective immediately and apply to all access to and use of the Website thereafter. Your continued use of the Website after the revised Terms and Conditions are posted on the Website means that you accept and agree to the changes and updated Terms and Conditions.
Features and Functionality Provided by Third Parties; Third Party Items
Certain of the content, features and functionality on the Website may be provided by third parties (collectively, "Third Party Providers"). Your use of and interaction with such content, features and functionality (collectively, "Third Party Content") may be subject to separate terms and conditions. In such event, you acknowledge that these Terms and Conditions will not apply to your use of the Third Party Content and that you will be subject to and comply with the Terms and Conditions offered by such Third Party Providers.
YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.
Use of Website
This Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. If you are under the age of 18, you may use this Website only with the involvement of a parent or guardian. By using this Website, you represent and warrant that you are of capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You acknowledge and agree that all information you provide to register with this Website or otherwise provide through the Website, including but not limited to through the use of any interactive features on the Website, is accurate, current and complete. Our use of your information is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other information as part of our secure account registration, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge and agree that your account is personal to you and that you are responsible for all activity that occurs through your account. If any unauthorized access to or use of your user name or password or any other breach of security occurs, you must notify us immediately. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, block access to our Website, or refuse service to you at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
Trademarks, Copyrights and Patents
All trademarks, logos, and service marks displayed on the Website, are registered and unregistered trademarks of Company, its affiliates, licensors, content providers or other third parties. You may request removal of content through the contact us page. All of these trademarks, logos and service marks are the property of their respective owners. You may not use such marks without the prior written permission of the Company, or the owner of the marks. We reserve all rights not expressly granted in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof (collectively, "Content"), is owned by Company. All products displayed on our Website are purchased are purchased “as is” goods. Any similarities to copyright, licensed, or patented material is not purposely represented as such and will be taken down. By agreeing to these Terms and Conditions, you release all rights of lawsuits.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information as set forth in our Privacy Policy.
If you wish to purchase any goods or services made available through the Website (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the completion of any Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The diamond and carat weight of stones will vary from piece to piece. The inclusion of any products or services on the Website does not guarantee that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any goods or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and/or (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Company or our agents may call or text you regarding your account or your Transactions, as set forth in our Privacy Policy and applicable Additional Terms. You agree that we may place such calls or texts using an automatic dialing/announcing device, and that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
Product Images
We have attempted to accurately depict the colors and details of the products offered on this Website. However, because the color and product details you see is dependent on your computer monitor, we cannot guarantee that the color and details that you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
Pricing, Availability, and Accuracy of Product
Company's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Company makes a conscientious effort to describe and display its products and services accurately on the Website. Despite these efforts, a small number of items on the Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising through other media. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Company reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. We will contact you in case of any mistakes, errors, changes, or upgrades.
Returns and Exchanges
If you are not fully satisfied with your purchase, you may return it in accordance with our Return and Exchange Policy, incorporated herein by reference.
If our products do not meet your demand, we have a 5 business day return policy. All returns result in store credit. The purchased product must be not worn or damaged. If the product is damaged in transit, you must inform us as soon 2 days after the product was delivered. Each product has been tagged for stock. When the product tag is removed you have accepted the transaction and are ineligible for a refund or exchange.
If returning an item:
Items must be in their original condition and contain all original packaging, instructions and paperwork. Returns and exchanges are not allowed on custom or special ordered products such as sized rings, or specific gemstones. Merchandise purchased using any type of payment plan cannot be returned or exchanged. Credit and Debit Cards - The same user account will be credited. We will credit your original payment method, excluding delivery charges. Processing time for refunds is approximately five (5) business days from the date of the return. All refunds are credited to the same tender as the original purchase.
All shipped returns MUST include the Packing Slip and all original documents received with your order. All returns will be inspected by our Quality Control team before a refund is issued.
Prohibited Uses
You agree not to use the Website:
To harvest or collect information about other users of the Website. To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail," "chain letter," "spam" or any other similar solicitation. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing. In any way that violates any applicable federal, state, local or international law or regulation or sanctions (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability. To make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms and Conditions. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. Use any meta tags or any other hidden text utilizing Company's name or marks. Use a buying agent to conduct transactions on the Website. Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Website.
User Contributions
Any posts on the company site is subject to scrutiny and deletion. The Website may contain product reviews, discussion forums, and other types of user generated content, or other areas or services where you or third parties may create, post, or store any content, messages, or other material on the Website (collectively "User Contributions"). Company neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Company will not be liable for any loss or damage caused by your reliance on User Contributions. Any User Contributions you post to the Website will be considered non-confidential and non-proprietary. By posting User Contributions on the Website, you grant Company and its affiliates, service providers, licensees, successors and assigns a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Contributions; (ii) alter, remove, or refuse to post or allow to be posted any User Contributions; (iii) disclose any User Contributions, and the circumstances surrounding its transmission, to any third party; and (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM YOUR USE OR MISUSE OF THE WEBSITE.
Any User Contributions you post to the Website will be considered non-confidential and non-proprietary. By posting User Contributions on the Website, you grant Company and its affiliates, service providers, licensees, successors and assigns a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Contributions; (ii) alter, remove, or refuse to post or allow to be posted any User Contributions; (iii) disclose any User Contributions, and the circumstances surrounding its transmission, to any third party; and (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM YOUR USE OR MISUSE OF THE WEBSITE.
Content Standards
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations and these Terms and Conditions. Without limiting the foregoing, User Contributions must not: Contain any material which is inaccurate, deceptive, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other right of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions or our Privacy Policy. Promote any illegal activity, or advocate, promote or assist any unlawful act. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to Link from your own or certain third-party websites to certain content on this Website. Send e-mails or other communications with certain content, or links to certain content, on this Website. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. Subject to the foregoing, you must not: Establish a link from any website that is not owned by you. Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. Link to any part of the Website other than the homepage. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms and Conditions. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Copyright Infringement Policy
If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent: 9starcompany@gmail.com. To be effective, your notification must (i) be in writing and signed, (ii) be provided to our copyright agent, and (iii) include substantially the following: Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located]."); dentify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Website. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible; Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available); If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred); A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company has the right to remove any Content, User Contributions, or other material from the Website at any time.
Disclaimer of Warranties
We provide this Website for use only by you who located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.
Waiver
Any waiver by either you or the Company of any provision or condition of the Terms and Conditions shall not be construed or deemed to be a waiver of any other provision or condition of the Terms and Conditions, nor a waiver of a subsequent breach of the same provision or condition, unless such is expressed in writing and signed by the party to be bound.
Disputes
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED. You and Company agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of these Terms and Conditions, your use of the Website, or to any products or services sold or distributed by us or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms and Conditions as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim through the Contact Us page. The arbitration hearing will be held in the U.S. You or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Company subject to the arbitrator's discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Company customers, but is bound by rulings in prior arbitrations involving the same Company customer to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator's award may be entered in any court having jurisdiction.
Prohibition of Class, Representative, and Consolidated Actions
You and Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Company agree otherwise, the arbitrator may not join more than one party's claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Company customers.
If for any reason a claim proceeds in court rather than in arbitration both you and Company each waive any right to a jury trial. You and Company also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Governing Law and Jurisdiction
Any dispute or claim relating in any way to these Terms and Conditions or previous versions of these Terms and Conditions, your use of the Website, or any products or services sold or distributed by Company or through the Website, shall be governed by and construed in accordance the laws of the State of Tennessee. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms and Conditions or previous versions of these Terms and Conditions, your use of the Website, or any products or services sold or distributed by Company or through the Website, shall be instituted exclusively in the federal or state courts located in Tennessee. By using this site, you agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Severability
If any portion of these Terms and Conditions is unlawful, void or unenforceable, the remaining provisions will remain in place.
The Terms and Conditions, Privacy Policy, Return Policy, and all Additional Terms, constitute the entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous negotiations, agreements, proposals and understandings both written and oral, with respect to the Website.
Privacy Policy
We take our customers privacy seriously and with respect for the individuals. By providing information to us (by any means, in correspondence, via our Website or otherwise) you consent to our use of the information you provide in accordance with this Policy. If you do not agree with this Policy or our practices, please do not use our Services. This Policy may change from time to time and is incorporated into our Website Terms and Conditions. Your continued use of our Website constitutes your acceptance of those changes. We encourage you to review this Policy periodically.
Notice at Collection
The following serves as our notice at collection (“Notice”) of personal information in accordance with applicable law. We collect personal information as detailed in this Notice and in this Policy.
As of 3/14/2024 we have not sold any data. We do reserve the right to unless you opt out.
We may “sell” or “share” personal information as those terms are defined under applicable law, and as indicated for each relevant category of personal information below. If you would like to opt out of the sale or sharing of your personal information, contact us through the contact us page. We keep personal information as long as reasonably necessary or relevant for the practices described in this Policy. We also keep personal information as otherwise required by law. What this means in practice will vary among different types of information and our ongoing business or legal needs for the information, for example in relation to tax, health and safety, and potential or actual disputes or investigations.
We collect the following categories of personal information, including within the prior 12 months:
Identifiers (including account information): This includes your name, postal address, email address, mobile or other telephone number, username and password if you register an account with us. We may collect information from partners that verify your identity using your mobile device for account log-in purposes. We also may collect content information you provide, including photos and comments, customer service inquiries, and related history that you share with us. This data will be sold or shared as described in more detail in our Policy.
Any Personal Information Described in Subdivision (e) of Cal. Civ. Code Section 1798.80, including:
Demographic information. This includes information you provide regarding your personal interests, date of birth, anniversary date, demographics, experiences with our products, and shopping and contact preferences. This data will be sold or shared as described in more detail in our Policy.
Financial Account Information. If you make a purchase from us, we collect payment-related information, depending on the form of payment you choose. This data will not be sold or shared.
Information You Provide When You Apply for Credit.This includes information you are required to provide when applying for credit, such as your name, postal address, email address, phone number, date of birth, and other information needed to assess your credit worthiness and verify your identity, including employment-related information and sensitive personal information, such as your social security number. With the exception of employment-related information and sensitive personal information, this data will be sold or shared as described in more detail in our Policy.
Information You Provide about a Third Party. If you send someone else a communication from the Services, such as sending an invitation to a friend, the information you provide (e.g., name, e-mail address) will be used to facilitate the communication. This data will be sold or shared as described in more detail in our Policy.
Information You Provide Through Social Media. You may also be given the option to link to your social media account through the Services. When you do, we may automatically receive certain information about you based on your registration and privacy settings on those third party services. This may include name, user name, demographic information, protected classifications under California or federal law, education information, professional or employment-related information, updated postal address or contact information, location, interests, and publicly-observed data, such as from social media and online activity. With the exception of protected classifications under California or federal law, education information, and professional or employment-related information, this data will be sold or shared as described in more detail in our Policy.
Characteristics of Protected Classifications under California or Federal Law: This includes your age, gender, and marital status. This data will not be sold or shared.
Commercial Information: This includes purchase, return, wish list and transaction information, as well as media consumption, previous purchases, shopping habits, loyalty program information, and lifestyle preferences. This data will be sold or shared as described in more detail in our Policy.
Internet or other Electronic Network Activity Information (including usage and technical information): This includes information about your use of the Services, including your Internet Protocol (“IP”), unique device identifier, device characteristics, system settings and preferences, search queries, referring URLs, and the time and date of your usage. We also collect and store information about your preferences, how you interact with our Services, and how you interact with emails that we send to you. We may link certain data elements we have collected, such as your browser information, with other information we have obtained about you. This data will be sold or shared as described in more detail in our Policy.
Geolocation Data: This includes information about the location of the devices used to access the Services ("Location Data"). Location Data includes: (a) the location of the mobile device or tablet derived from GPS or WiFi use; (b) the IP address of the mobile device or tablet or internet service used to access the Services; and (c) other information made available by a user or others that indicates the current or prior location of the user, such as geotag information in photographs. This data will be sold or shared.
Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information: This includes such information when you use our Service’s virtual try-on features. In addition, we may collect information in relation to your interactions with our virtual jewelry consultants and, at select retail locations, information derived from your mobile device that we deidentify and aggregate for “heat mapping” to help us understand how users interact with our stores. This data will be sold or shared as described in more detail in our Policy.
Professional or Employment-related Information: This includes information you provide regarding your professional interests, occupation, and income. This data will not be sold or shared.
Education Information: This includes information you provide in relation to your education. This data will not be sold or shared.
Inferences Drawn from the Above: We collect profile inferences that we draw from your information and web activity to create a personalized profile so we can better identify goods and services that may be of interest to you. This data will be sold or shared.
Sensitive Personal Information: This includes information needed to assess your credit worthiness and verify your identity, such as your social security number. We require this information to process your application. Moreover, we collect information relating to your racial origin, religion, and sexual orientation. This data will not be sold or shared.
We may use the personal information that we collect for a variety of business purposes, including:
To provide the Services to you; To process and track orders and otherwise fulfill your requests; To respond to comments, questions, or concerns; To prevent and detect fraud and other unlawful activity, claims and other liabilities; To alert you about a product safety announcement or recall or correction of an offer, promotion, or advertisement; To verify and validate your identity to reduce credit risk and manage collections; To carry out our obligations and enforce our rights; and To comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies. To improve or develop new services and product offerings, including for warranty usage; To identify, offer, and contact you with personalized content and advertising, including newsletters, articles, product; To customize or personalize your shopping experience; To validate or update the information we collect from or about you; To alert you about new products or services, savings awards, event invitations, and other information; To conduct market research, surveys, and similar inquiries to help us understand trends and customer needs across product categories or customer groups; To enroll you in loyalty or other programs, and enter you into sweepstakes and promotions or contact you regarding a contest prize; To notify you of changes to our Services or any products or services we offer; and For marketing and promotional purposes. We may also use information you provide to us for other purposes as disclosed at the time you provide your information or otherwise with your consent.
When information identifies or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, we refer to it as “personal information.” There are several ways we may obtain personal information about you, including through (A) information you provide to us directly; (B) information that we automatically collect; and (C) information we receive from third parties. This includes data that identifies you personally whether directly (i.e., your name) or indirectly (i.e., information associated with the device you use online). For further information on the personal information we collect, please refer to the Notice at Collection above. A. Information You Provide We collect personal information about you, as described in the Notice at Collection above, via the Services. B. Information Automatically Collected Whenever you visit our online Services, we and our third-party advertisers and service providers (see Section 2.B below for more detail), may use a variety of technologies such as cookies and similar technologies to automatically or passively collect certain information about your online activity.
We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you for the purposes described in the Notice at Collection above, and to let us know, for example, whether you have opened an email we sent to you. While you can change your cookies settings in your browser, without cookies, you may not be able to use all of the features of our Website. C. Information Collected From Third-Party Sources. We collect information about you from ad networks, data companies, data brokers, and other third-party sources with whom you may not have a direct relationship, and that help us provide ads and services that that target your interests. The information collected includes, for example, your demographic information, media consumption, previous purchases, shopping habits, loyalty program information, lifestyle preferences, or information to validate or update the information we collect from or about you. D. Aggregate or Deidentified Information. We may aggregate or deidentify any personal information we collect. We may share the aggregated or deidentified information with our business partners and service providers, and we may use such information for our own purposes. We will maintain and use deidentified information in deidentified form, and will not attempt to re-identify that information.
A. Disclosure of Information by You
We offer many ways to find, enjoy, and share content, including by filling out surveys, reviewing and rating products or services, inquiring about or purchasing products or services, participation in online communities, “liking” or “sharing” our content to your social media accounts.
Any information you disclose on publicly-facing areas of our Services or on other third-party websites becomes public information. Please exercise caution when disclosing personal information in these public areas.
B. Disclosure of Information by Us
We have sold or shared the categories of personal information identified in the Notice at Collection above: With vendors and advertising partners who help us reach you with ads that are tailored to your interests, as described under “Interest-Based Advertising Choices” below. With analytics partners, who help us understand your use of our Services. With our family of companies, such as our various brands identified at the outset of this Policy, and our other affiliated companies. We share personal information within this family of companies for business, operational, promotional and marketing purposes. With partners who help provide a better customer site experience. To partners in co-branded relationships such as advertisers that provide products and services or rewards programs. We may share information with these third parties if you participate in a co-branded, co-sponsored, or jointly presented promotion, contest, survey, voting feature, or service. We disclose personal information: To service providers that provide business, professional or technical support functions for us (including fulfilling and shipping orders), help us operate the Services, or administer activities on our behalf. If we are required to do so by law or court order, to enforce or apply our Terms and Conditions or if we believe in good faith that such release is necessary or appropriate to protect the rights, property, or safety of our company, customers, affiliates (i.e., brands with common ownership, interest, or control), or others. In addition, we may aggregate or deidentify personal information and use or disclose the aggregated/deidentified information for marketing, analytics, and other purposes. Finally, we may disclose personal information in connection with the sale, transfer, acquisition, merger, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change or ownership or control by us or any affiliated company (in each case, whether in whole or in part). When one of these events occurs, we will use reasonable efforts to require the recipient to use personal information in a manner consistent with this Policy.
We may collect information about your use of the Services to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. You may see our ads on other websites or apps because we use third-party ad networks to serve our ads.
The networks use this information to show you advertisements that may be tailored to your individual interests. The information our ad networks may collect on our behalf includes data about your visits to websites that serve our advertisements, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our Website and other online Services, and on third-party websites that participate in these ad networks. This process also helps us track the effectiveness of our marketing efforts. You can also control how some information is collected through your browser or mobile device. You can adjust your browser settings to limit or block certain cookies, but this may prevent us from storing your preferences and may make some features of the Services inoperable. Refer to your browser’s help menu for further details. On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising. You may need to set these preferences on each browser or device you use.
Choices About the Use of Your Personal Information
Mailing Lists. You can unsubscribe from receiving our emails by following the "Unsubscribe" link provided in our emails. If you receive marketing communications from one or more brands or affiliates, you should opt-out individually from each of the affiliates from which you are receiving brand-specific marketing communications. Opting out of communications does not affect our communication with you via telephone or email regarding your orders or other sales or service transactions. We use technical, administrative, and procedural measures to help protect your personal information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us. We are committed to protecting the privacy of children. The Services are not directed to children and we do not knowingly collect any personal information from children. If a child under the age of 18 has provided us with personal information online, we ask that a parent or guardian please contact us, and we will take reasonable steps to delete personal information provided by the child. We do not knowingly collect or sell the information of anyone under 18 years of age.
Some browsers have a “do not track” feature that lets you tell websites that you do not want your online activities tracked. At this time, the Websites do not respond to web browser “do not track” requests or similar signals that users may employ. Our Website and online Services may contain links to third party websites (including social networks and related plugins) operated by individuals or companies unrelated to us. Please be aware that we are not responsible for the privacy practices of such third party websites. We provide links to these websites for your convenience only, and you access them at your own risk. We recommend that you review the privacy policies and terms and conditions posted on such third party websites before using them.
Our Website and online Services may also offer you the ability to interact with plugins from social media sites, which may allow us and/or the social media site to receive data from or about you. In some cases, we may know that you clicked on a social plugin, such as a Twitter Follow button, or receive other information from the social media sites. Similarly, if you have previously provided personal information to a third-party operating a plug-in on this Website or another of our online Services, then that third-party may recognize you on our Website or other online Services. Your use of social network plugins is subject to each social media site’s own privacy policy, so please read that site’s policies carefully to understand its practices.
We keep personal information as long as reasonably necessary or relevant to achieve the purpose described in this Policy. We also keep personal information as otherwise required by law. What this means in practice will vary between different types of information, and when we consider our approach we take into account ongoing business or legal needs for the information, for example in relation to tax, health and safety, and potential or actual disputes or investigations.
Your State-Specific Privacy Rights
If you are a California, Colorado, Connecticut, Virginia, or Utah resident, you may take advantage of the following privacy rights:
Right to Know: You have the right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you.
Right to Delete: have the right to delete personal information that we have collected from you. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.
Right to Correct: You have the right to correct inaccurate personal information that we may maintain about you, subject to appropriate verification.
Right to Opt-Out of the Sale or Sharing of Personal Information: You have the right to opt-out of the “sale” or “sharing” of your personal information, as such terms are defined under state privacy law. This means that, if you opt out, going forward, we will not sell or share your personal information with such third parties to use for their purposes, including cross-context behavioral advertising, unless you later direct us to do so.
Right to Opt-Out of Targeted Advertising: You have the right to opt-out of targeted advertising. Opting out does not mean that you will stop receiving ads, it just means that those ads will not be targeted based on your personal information.
Right to Appeal: If we deny your request, and you wish to appeal, you may appeal our decision.
Use and Disclosure of Sensitive Personal Information: To the extent that we collect, use, or share “sensitive personal information” as that term is defined under applicable law, we limit our use or disclosure of the sensitive personal information for permitted business purposes.
To begin the process begin by submitting a request through the Contact Us page.