Your access and use of this website (the “Site”) is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions below.

Registration

In order to access certain content, services, products, or benefits on the Site you will be asked to register and create an account. By doing so, you represent that you are 18 years of age or older, or that you have the permission of a legal guardian (e.g., a parent) to use the Site. As part of the registration process, you will be asked to select a username and password and to provide Arden Rose LLC (the “Company”) with certain information about yourself including some types of personally identifying information such as your email and your address. You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password. You may terminate your account at any time by emailing info@ardenrosejewelry.com.

Payment

Some products or services on the Site will be available for purchase. By registering on the Site or purchasing products or services on the Site, you represent that you are 18 years of age or older. You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason the Company does not receive payment for a purchase, or if payment is found to be fraudulent, the Company may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms and Conditions. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase of any products or services, including sales, use or excise taxes (excluding only taxes on the Company’s net income). To the extent that the Company is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales on the Site are final. For any refund requests, please email info@ardenrosejewelry.com.  The Company has the right to make decisions regarding refunds on a case-by-case basis, and any refunds issued will be in the form of credit toward future purchases on the Site.

Copyright and Trademarks 

The Company owns or licenses all content included on this Site, including but not limited to, text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software (“Site Materials”) as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to United States and international copyright laws. All software used on this Site is the property of the Company and/or its software suppliers and is protected by United States and international copyright laws. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms. All trademarks appearing on the Site are registered trademarks of the Company or its affiliates, in the United States and other countries. All other trademarks not owned by the Company or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. 

License and Website Access

We grant you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise expressly authorized by these Terms and Conditions or in a separate written agreement with the Company; (c) attempting to gain unauthorized access to the Company’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; (d) any resale or commercial use of the Site; (e) any downloading or copying of the Site Materials for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; (f) using the Site to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; or (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. You also agree not to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, or which, as determined by us, may harm the Company, its directors, officers, employees, agents, contractors and licensors or any users of the Site, or expose them to liability. You may only use the Site and the Site Materials consistently with these Terms and Conditions. Any other use of the Site, Site Materials, or our products or services, including but not limited to the aforementioned unauthorized uses, without prior written permission of the Company is strictly prohibited. You acknowledge and agree that the unauthorized or defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable use of the Site, Site Materials, or our products or services could cause irreparable harm to the Company and that in the event of such unauthorized or harmful use, the Company shall be entitled to an injunction in addition to any other remedies available at law or in equity. In addition, you also acknowledge and agree that your violation of these Terms and Conditions may result in suspension or termination of your account and your ability to use the Site or any products or services on the Site and, as a result, the Company, its directors, officers, employees, agents, contractors and licensors may refuse to provide or sell any of our products or services to you. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this website so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without our express written permission.

Use of the Site

PLEASE REVIEW OUR PRIVACY POLICY, WHICH ALSO GOVERNS YOUR VISIT TO OUR SITE, TO UNDERSTAND OUR INFORMATION PRACTICES. IF YOU USE THIS SITE, 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 THAT OCCUR UNDER YOUR ACCOUNT OR PASSWORD.

WHEN YOU PROVIDE, SUBMIT, OR POST ANY TEXT, AUDIO, PHOTOGRAPHS, VIDEOS, AND/OR OTHER FORMS OF IMAGES (“USER GENERATED CONTENT”) ON OUR SITE AND/OR SOCIAL MEDIA SITES, YOU WARRANT AND REPRESENT THAT YOUR USER GENERATED CONTENT DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS, AND/OR RIGHT OF PUBLICITY OF ANY THIRD PARTY. YOUR BREACH OF THIS WARRANTY AND REPRESENTATION COULD SUBJECT YOU TO LEGAL LIABILITY AND MONETARY DAMAGES. UNLESS THE COMPANY EXPRESSLY STATES OTHERWISE IN A WRITTEN AGREEMENT WITH YOU, UPON YOUR SUBMISSION OF USER GENERATED CONTENT OR OTHER MATERIAL OR INFORMAITON TO THE COMPANY, YOU GRANT THE COMPANY A WORLWIDE, PERPETUAL, IRREVOCABLE, FREELY TRANSFERABLE, LICENSE TO ACCESS, USE, DISTRIBUTE, REPRODUCE, DISPLAY, MODIFY, CREATE DERIVATIVE WORKS BASED UPON, AND SUBLICENSE THE USER GENERATED CONTENT, ALL WITHOUT ANY COMPENSATION TO YOU WHATSOEVER. IF YOU BELIEVE THAT ANY CONTENT OR POSTINGS ON THE SITE VIOLATE YOUR INTELLECTUAL PROPERTY OR OTHER RIGHTS, PLEASE FOLLOW OUR COMPLAINT PROCEDURE AS SET FORTH IN SECTION XX OF THESE TERMS AND CONDITIONS.

WE DO NOT SELL PRODUCTS FOR CHILDREN. IF YOU ARE UNDER 18, YOU MAY USE THIS SITE ONLY WITH THE INVOLVEMENT OF A PARENT OR GUARDIAN. THE COMPANY AND ITS AFFILIATES RESERVE THE RIGHT TO REFUSE SERVICE, TERMINATE ACCOUNTS, REMOVE OR EDIT CONTENT, OR CANCEL ORDERS IN THEIR SOLE DISCRETION.

Disclaimers 

Your use of the Site is at your risk. The Company makes no warranties or representations as to its accuracy and specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site. Neither the Company nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from the website.

Descriptions of Products and Services

The Site refers to products and/or services that are generally available for purchase in the United States and certain other countries but may not be available in your particular country or locality. The reference to any such products or services in this Site does not imply or warrant that these products or services will be available at any time in your particular locality. We do not warrant that the descriptions or other content of this Site are accurate, complete, reliable, current or error-free. Features and specifications of products described or depicted on the Site are subject to change at any time without notice.

Third Party Web Sites and Content. 

The Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of such third party links, the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. The Company does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites. The Company does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Site.

Limitation of Liability. 

The Company and its licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the user content, the site materials, services, products, data, and other materials on, in, and made available through the Site, regardless of legal theory, whether or not you or the Company had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of the Company and its licensors to you or any other person or entity in connection with, based upon, or arising from the Site, user content, the Site Materials on, in, and made available through the Site, or the services, products, data, or materials offered in connection therewith exceed the price paid by you during the preceding year for use of the Site and the services and products. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of the Company and its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Site or with any of these Terms and Conditions, or feel the Company has breached these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site.

Indemnification. 

You agree to indemnify the Company and its directors, officers, employees, agents, contractors and licensors (“Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, any alleged violation of law, negligence, willful misconduct, or any other use of the Site, the User Generated Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to the Company, or any breach by you of these Terms and Conditions and shall indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of the Company. The Company or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If the Company or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to the Company, subject to the right of the Company to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.

Internet Security. 

The Company uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. The Company will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that the Company shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content 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. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to the Company via the Site or the Internet, including, for example, personal information such as your name or address.

Complaint Procedures. 

If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify the Company by email at info@ardenrosejewlery.com  a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

Changes to these Terms; Termination. 

The Company reserves the right at any time to modify, alter or update these Terms and Conditions. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. The Company may suspend or terminate your account and/or your ability to use the Site, or any products or services on the Site, or may refuse to provide or sell any of our products or services to you for failure to comply with these Terms and Conditions or for any other reason whatsoever in its sole discretion.

Governing Law and Jurisdiction. 

These Terms represent the entire agreement between you and the Company with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of New York, New York County, United States; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

Miscellaneous. 

The Site is controlled and operated from within the United States. Without limiting anything else, the Company makes no representation that the Site, Site Materials, User Generated Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of the Company to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions are for reference only and shall not affect the interpretation of these Terms and Conditions. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms and Conditions or any provision hereof. 

Last Updated: October 1, 2021