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Web Site Terms of Use
(Effective: November 31, 2007)
The www.bullionjewelry.com website (“web site”) is owned and operated by American Bullion Jewelry, LLC, a Missouri limited liability company (“ABJ”). ABJ has adopted these terms of use (“Terms of Use”) to make you aware of the terms and conditions of your use of the web site. In addition, when purchasing ABJ’s products and services, including without limitation, Bullion Jewelry™, you shall be subject to these terms of use. If you do not agree to these terms of use please do not use the web site or submit orders for products or services to ABJ. ABJ reserves the right, at its discretion, to change, modify, add or remove portions of these terms of use at any time by posting such changes to this page. Please check these terms of use periodically for changes. The continued use of the web site and submission of orders to ABJ following the posting of changes to these terms of use will mean you accept those changes.
General Terms of Use and Restrictions on Use of Materials
If you do not comply with the terms of use at any time, ABJ reserves the right to limit your access to the Web Site or restrict your right to order products and services. ABJ may discontinue or alter any aspect of the web site, including, but not limited to, (i) restricting the time the web site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the web site or purchase any product or service, at ABJ’s sole discretion and without prior notice or liability. You acknowledge that the web site may contain information, software, photos, video, text, graphics, music, sounds or other material provided by ABJ or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
ABJ Trademarks
Unless otherwise specifically noted, images, trademarks, service marks, logos and icons displayed on the Web Site are the property of ABJ and may not be used without ABJ’s prior written consent. Any unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.
ABJ’s Privacy Policy
The Company collects, stores and uses data collected from you in accordance with ABJ’s Privacy Policy, located at www.bullionjewelry.com/privacy.html. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these terms of use.
Links
The web site may provide, or third parties may provide, links to other web sites on the Internet or resources. Because ABJ has no control over such sites and resources, you acknowledge and agree that ABJ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ABJ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Disclaimer
ABJ uses reasonable efforts to maintain the web site, but ABJ is not responsible for any defects or failures associated with the web site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, ABJ makes no guarantees as to the web sites and information located worldwide throughout the Internet to which you may access as a result of the use of the web site, including as to the accuracy, content, or quality of any such sites and information.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE WEB SITE IS PROVIDED “AS IS” AND YOUR USE IS AT YOUR SOLE RISK. ABJ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, ABJ MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE WEB SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABJ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ABJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR TELEPHONE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE WEB SITE OR THE PURCHASE OF ABJ’S PRODUCTS OR SERVICES. IN NO EVENT SHALL ABJ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE OR TO PURCHASE ABJ’S PRODUCTS OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold harmless ABJ, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorney's fees and costs, arising out of or in any way connected with your access to or use of the web site or any services or products provided by ABJ.
Termination and Modification
You agree that ABJ, in its sole discretion, may terminate your use of the web site, and remove and discard any content, for any or no reason. ABJ may also, in its sole discretion and at any time, discontinue providing the web site, any part thereof, or any products or services advertised thereon, with or without notice. You agree that any termination of your access to the web Site under any provision of these terms of use may be effected without prior notice. Further, you agree that ABJ shall not be liable to you or any third-party for any termination of your access to the web site or sale of any products or services.
Governing Law and Other Miscellaneous Terms
The validity and effect of these terms of use shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, USA, without regard to its conflicts of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS OF USE, CONCERNING ANY SALE ENTERED INTO VIA THE TELEPHONE OR OTHERWISE OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF ABJ, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN JACKSON COUNTY, MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Copyright and Copyright Notices
ABJ respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ABJ’s Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
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| a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. |
Please contact ABJ’s Copyright Agent for Notice of claims of copyright infringement at:
info@bullionjewelry.com.
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