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Motif Jewelers grants you a limited noncommercial, nonexclusive, nontransferable license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Motif Jewelers.
In consideration of your use of the Site, you represent and agree that you: (i) are of legally sufficient capacity to form a binding contract; (ii) are at least 18 years of age; and (iii) you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. If you make a purchase on the Site, you agree to complete the checkout process by providing true, accurate and complete information requested on the checkout page (“Checkout Data”).
Motif Jewelers strives for the Site to be as accurate as possible. However, Motif Jewelers does not represent or warrant that merchandise descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. For example, merchandise included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell merchandise or services. We reserve the right, without prior notice, to limit the order quantity on any merchandise or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. Despite our best efforts, a small number of the items on our Site may be priced incorrectly. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the merchandise ordered will be used only in a lawful manner. The Gemological Institute of America, American Gem Society Laboratory and the European Gemological Laboratory are established and respected specialists in the analysis and grading of diamonds and gem stones, but it is possible that they can make a mistake.MOTIF JEWELERS DOES NOT REPRESENT, WARRANT OR CERTIFY THE ACCURACY OF ANY DIAMOND GRADING REPORT OR ANY OTHER THIRD PARTY REPORTS.
Terms of payment are within Motif Jewelers sole discretion, and unless otherwise agreed to by Motif Jewelers, payment must be received by Motif Jewelers prior to Motif Jewelers acceptance of an order. Payment for merchandise orders will be accepted via credit/debit card (U.S. and Canada only) and wire transfer. Your order is subject to cancellation by Motif Jewelers at Motif Jewelers sole discretion. All amounts due are payable in U.S. dollars. Any amount not paid when due will be subject to a finance charge of one and one-half percent (1-1/2%) per month, or the maximum amount allowed by law if lower, for the unpaid balance due. You shall be responsible for any expenses and/or fees (including but not limited to attorneys' fees), incurred by Motif Jewelers in collecting past due amounts from you.
You may return merchandise only in accordance with our Return Policy, which is incorporated herein by this reference. Returns must be submitted within 7 days after the product has been received and exchanges within 30 days after the product has been received. An RA # must be obtained by calling the office of Motif Jewelers prior to shipping back any item. Items returned without an RA # will not be accepted. Merchandise that has been used, altered, or damaged will not be accepted. On International orders, refunds will not include any customs or import duties, brokerage fees, or taxes paid on shipments, if any, unless the item was not as described or pictured on the site. Shipping charges will not be refunded unless the item(s) received are different then what was originally ordered. Your refund will be issued in form of a company check once we have received and processed the returned merchandise. Customer is responsible for all shipping charges when returning an item.
Shipping and handling charges are included for sales into the U.S. and Canada. Shipping and handling charges are not included for sales outside of the U.S. and Canada; however, Motif Jewelers provides a $50.00 shipping credit. Shipping dates are estimates only. Risk of loss and title for all items purchased from Motif Jewelers pass to you upon delivery by the carrier. You are responsible for any sales, use, GST, value-added, personal property or other tax or levy imposed on all orders. Title to all intellectual property rights remain with the applicable licensor(s). Sales outside of the U.S. and Canada are subject to our International Buyer Policy, which is incorporated herein by this reference.
Motif Jewelers may make certain software available to you from the Site. If you use software on or from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Motif Jewelers, or its licensors, for your limited, personal, nonexclusive, nontransferable use only. Using the Software is at your sole risk.
Motif Jewelers imposes certain restrictions on your permissible use of the Site. You represent and agree that you will not:
(i) use the Site in connection with any commercial endeavor, unless you have a prior written agreement with Motif Jewelers signed by an officer of Motif Jewelers;
(ii) market or distribute access to the Site or any portion thereof;
(iii) assign; sublicense, sell, lease or otherwise transfer or convey your rights under these Terms;
(iv) violate or attempt to violate any security feature of the Site;
(v) access or attempt to access any content, data, programs or other Motif Jewelers systems not intended for you, or log onto a server or account that you are not expressly authorized to access;
(vi) attempt to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization;
(vii) damage, disable, overburden or impair the Site or interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(viii) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used byMotif Jewelers in providing the Site;
(ix) attempt to modify, copy, distribute, transmit, display, perform, reproduce, publish, rent, lease, loan, license, or create derivative works based on the Site;
(x) frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases, Motif Jewelers IP (as defined below) or other lists, merchandise or services provided through or obtained from the Site, or engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information from the Site;
(xi) use any meta tags or any other "hidden text" utilizing Motif Jewelers IP (as defined below) without the express written consent of Motif Jewelers;
(xii) engage in, encourage others to engage in, or provide instructional information about, conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or any regulation having the force of law;
(xiii) harm minors in any way or solicit personal information from or about a minor;
(xiv) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(xv) send email messages or use the Site in any manner which intentionally or unintentionally violates any applicable local, state, national or international law or regulation (including without limitation, policies and laws related to spamming, privacy, obscenity or defamation);
(xvi) send email messages or make posts that contain falsified or misleading routing information, a return address that is either invalid or belongs to a third party and is used without permission, a misleading subject line and/or body copy, or promote a fraudulent scheme; and
(xvii) upload, download, post, email, transmit or otherwise make available any materials that: (a) are inappropriate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, offensive, sexually explicit, promote gambling, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (e) infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party. You are solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your user identification. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
You further agree that you will not create links from any website or web page to the Site, except that you are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site (“Homepage”); provided that (i) the link does not portray Motif Jewelers, or its merchandise or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) except as provided herein, you may not use any Motif Jewelers logo or other proprietary graphic or trademark as part of the link without express written permission; and (iii) the link to the Homepage must be accompanied by a clear and prominent attribution at the point of origin indicating that the link is connected to the Homepage. For example, prominently positioning the MOTIF JEWELERS™ trademark such that there is clear association between the trademark and the destination of the link would be acceptable. You agree that you will not juxtapose the MOTIF JEWELERS™ mark and the link with your name or any other material(s) in a manner which might create any confusion that there is any affiliation or association between Motif Jewelers, and you or any other person or entity. If Motif Jewelers, for any reason in its sole and absolute discretion, requests in writing that you remove any link or links to the Site, you agree to promptly comply. You agree that if you create any link to the Site that you will not employ any technology that results in the placement of content from the Site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the Site content from how it normally appears in a browser.
Motif Jewelers reserves the right to investigate suspected violations of these Terms; provided, however, Motif Jewelers is under no obligation to do so. If Motif Jewelersbecomes aware of a possible violation, Motif Jewelers may initiate an investigation which may include gathering information from you or companies involved and the complaining party. If Motif Jewelers believes, in its sole discretion, that a violation of these Terms has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of your access to the Site and/or deleting any materials from Motif Jewelers system. Motif Jewelers, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Terms could also subject you to criminal or civil liability. Motif Jewelers reserves the right to release the contact information of users involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. Motif Jewelers intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
If you breach these Terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site, you acknowledge that you will have caused substantial harm to Motif Jewelers, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Motif Jewelers $50.00 for each such unsolicited email or other unsolicited communication you send through the Site.
Any comments, feedback, suggestions and ideas disclosed, submitted or offered to Motif Jewelers in connection with your use of the Site (collectively "Submissions") shall be owned exclusively by Motif Jewelers. You agree that Motif Jewelers shall: (i) not be under any obligation of confidentiality, express or implied, with respect to the Submissions; (ii) be entitled to use or disclose Submissions for any purpose, without restriction worldwide; and (iii) not owe you any compensation or reimbursement of any kind under any circumstances for use or disclosure of Submissions.
The Site may provide links to other websites or resources. Your business dealings with any third party, third party website or third party content (collectively “Third Party”) found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such Third Party. Motif Jewelers makes no endorsement or guarantee about the content, goods or services provided by such Third Party. Motif Jewelers shall not be responsible for any loss or damage of any sort incurred as the result of: (i) any dealings or transaction between you and any Third Party or as the result of the presence of such Third Party on the Site; (ii) any insufficiency of or problems with any such Third Party's background, insurance, credit or licensing; or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Motif Jewelers, its parent, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Unless expressly provided otherwise, these Terms govern your use of any and all third party content.
Motif Jewelers shall have no responsibility or liability for the deletion or failure to store any account, messages, postings, communications or other content maintained or transmitted by the Site.
Motif Jewelers may, in its sole discretion and without prior notice, (i) revise these Terms; (ii) modify the Site; and (iii) discontinue any of the Site, or any of its constituent parts, including, without limitation, any merchandise featured on the Site, at any time. Motif Jewelers shall post any revision to these Terms, and the revised Terms shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. Your continued use of any of the Site shall constitute your acceptance of the revised Terms. If you do not agree to any of such changes, you may terminate these Terms and immediately cease all access and use of the Site. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to these Terms.
You acknowledge and agree that Motif Jewelers may at any time in its sole discretion terminate your access to and use of the Site, or any part thereof, with or without notice. You agree that upon termination Motif Jewelers may delete all files and information related to your use, if any, and may bar your access to the Site, and that you will immediately destroy any Motif Jewelers Software in your possession or control.
The design of the Site and all text, graphics, images, information, content, and other material displayed on or that can be downloaded from the Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with prior written permission of the owner of such material. The software, technology components and contents of the Site are copyright 2013, Motif Jewelers, Inc. or its licensors. All rights reserved. You agree that as between the parties, Motif Jewelers is the exclusive owner of the Site, Software and all constituent parts, including without limitation, all software code, all photographs, videos and any other content on the Site, HTML scripts, the uniform resource locators (URL’s) for the Site, the organization and layout of the Site, all Motif Jewelers trademarks (including without limitation MOTIF JEWELERS™ and the MOTIF JEWELERS™ logo), trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world (collectively the “Motif Jewelers IP”). Any goodwill attached to, or generated by, such Motif Jewelers IP is owned exclusively by Motif Jewelers, or its licensors, and shall inure solely to the benefit of Motif Jewelers, or its licensors. Nothing contained herein or on the Site should be understood as granting you any right or license to any of the Motif Jewelers IP, except as expressly granted herein. All rights not expressly granted herein are reserved by Motif Jewelers, or its licensors. Motif Jewelers, or its licensors, retains full and complete title to the Motif Jewelers IP. Except as expressly allowed by governing law, you shall not: (i) use or copy the Motif Jewelers IP in any manner not specifically set forth herein; (ii) includeMotif Jewelers IP in your corporate name, within a domain name or within any part of URL’s; (iii) obtain, use, register, or otherwise acquire any trade names, trademarks, service marks, and/or trade dress that are confusingly similar to Motif Jewelers IP; (iv) have any claim of ownership in the Motif Jewelers IP; or (v) sell, redistribute, transfer, sublicense or reproduce the Motif Jewelers IP, nor may you decompile, reverse-engineer, disassemble, or otherwise convert any of the Motif Jewelers IP to a human-perceivable form. These Terms do not limit any rights that Motif Jewelers may have under trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that the Site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any sponsor advertisements or information that may have been presented to you through the Site, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE MERCHANDISE AVAILABLE THEREIN ARE AT YOUR SOLE RISK. THE SITE AND THE MERCHANDISE AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE INFORMATION, SOFTWARE, MERCHANDISE, AND SERVICES CONTAINED ON THE SITE MAY INCLUDE INACCURACIES, ERRORS AND OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, MOTIF JEWELERS, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS: (A) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) MAKE NO WARRANTY THAT (I) THE SITE OR THE MERCHANDISE AVAILABLE THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY MERCHANDISE, SERVICE OR INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, APPROPRIATE, COMPLETE, CORRECT, RELIABLE, SUFFICIENT OR TIMELY, (IV) THE QUALITY OF ANY MERCHANDISE, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE FIXED; AND (C) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE AGREEMENT OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOTIF JEWELERS MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. MOTIF JEWELERS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOTIF JEWELERS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOTIF JEWELERS, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE OR OTHER WEBSITE(S) YOU ACCESS THROUGH THE SITE, CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF MOTIF JEWELERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) ANY INFORMATION, MERCHANDISE AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE SITE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (VI) MERCHANDISE DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, MERCHANDISE MISUSE, ABUSE, MERCHANDISE MODIFICATION, IMPROPER MERCHANDISE SELECTION, NON-COMPLIANCE WITH ANY REGULATIONS OR CODES, OR MISAPPROPRIATION; (VII) PERSONAL INJURY RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND/OR MERCHANDISE; (VIII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IX) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (X) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE; (XI) AND/OR (XI) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE MERCHANDISE.
IN NO EVENT SHALL MOTIF JEWELERS, ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS, HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY. YOU SHALL NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY PAYMENT FROM MOTIF JEWELERS, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION OR TERMINATION OF THE AGREEMENT OR TERMINATION OF YOUR ACCESS TO THE SITE, ALL OF WHICH YOU EXPRESSLY WAIVE. YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS SECTION 17 HAS MATERIALLY INDUCED MOTIF JEWELERS TO ENTER INTO THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, MOTIF JEWELERS LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold Motif Jewelers, its parent, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors, harmless from and against any and all claims, demands, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Site, your connection to the Site, your violation of the terms of these Terms, or your violation of any third party's rights, including but not limited to infringement of any intellectual property right, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of these Terms.
These Terms and any documents referenced herein constitute the entire agreement between you and Motif Jewelers and govern your use of the Site (including, without limitation, all purchases made through the Site), superseding any prior agreements between you and Motif Jewelers (including, but not limited to, any prior versions of these Terms) with respect to its subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Motif Jewelers services or merchandise, third-party content or third-party software. In the event any term contained in these Terms conflicts with any other term contained in any other agreement referenced in these Terms, the terms of this agreement shall control. Except as otherwise provided in these Terms, these Terms may only be modified in a writing signed by an authorized officer of Motif Jewelers.
Consent to Email Communications
You consent to receive communications from Motif Jewelers electronically and agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may not assign these Terms or any rights granted herein. Motif Jewelers may assign or transfer these Terms or its rights or obligations hereunder without notice and without your prior approval. These Terms are for the sole benefit of the parties hereto and do not create any third-party beneficiaries, whether intended or incidental. These Terms will inure to the benefit of Motif Jewelers and its successors and assigns. The failure of Motif Jewelers to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
THE VALIDITY, CONSTRUCTION, INTERPRETATION, AND PERFORMANCE OF THIS AGREEMENT WILL BE EXCLUSIVELY GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE DOMESTIC LAWS OF THE STATE OF MICHIGAN, EXCEPT AS TO ITS PRINCIPALS OF CONFLICTS OF LAWS, AND WITHOUT REGARD TO THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.
You hereby acknowledge that a breach of these Terms may cause irreparable harm and significant injury to Motif Jewelers that may be difficult to ascertain, and that a remedy at law may be inadequate. Accordingly, you agree that Motif Jewelers shall be entitled, without waiving any additional rights or remedies otherwise available to Motif Jewelers at law or in equity and without the necessity of posting bond, to seek injunctive and other equitable relief in the event of a breach or intended or threatened breach by you.
Except in the case of legal action brought by Motif Jewelers to obtain injunctive or other equitable relief of whatsoever kind, all of which may be brought in any court or other tribunal of competent jurisdiction, ANY CONTROVERSY, CLAIM, DISPUTE OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THEIR SUBJECT MATTER SHALL BE SUBMITTED TO THE OFFICE OF THE AMERICAN ARBITRATION ASSOCIATION LOCATED IN, OR CLOSEST TO, OAKLAND COUNTY, MICHIGAN, AND WILL BE SETTLED BY ARBITRATION TO OCCUR IN OAKLAND COUNTY, MICHIGAN, SAID ARBITRATION TO BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, IN EFFECT AT THE TIME OF THE ARBITRATION, THE LAWS OF THE STATE OF MICHIGAN GOVERNING SUCH ARBITRATIONS, AND IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. SUCH ARBITRATION MUST BE FILED WITHIN TWELVE (12) MONTHS OF THE FIRST ACCRUAL OF THE CAUSE OF ACTION, AND THE PARTIES AGREE THAT THE STATUTE OF LIMITATIONS FOR ANY CAUSE OF ACTION BROUGHT PURSUANT TO, IN CONNECTION WITH, OR RELATING TO A DISPUTE WILL BE TWELVE (12) MONTHS FROM THE FIRST ACCRUAL OF THE CAUSE OF ACTION, NOTWITHSTANDING ANY STATUTE TO THE CONTRARY.
The arbitration will be heard and decided no later than seven (7) months after the notice of arbitration is filed with the American Arbitration Association. The arbitrator will hear and determine any preliminary issue of law asserted by a party to be dispositive of any claim, in whole or in part, in the manner of a court hearing a motion to dismiss for failure to state a claim or for summary judgment, pursuant to such terms and procedures as the arbitrator deems appropriate. No witness or party may be required to waive any privilege recognized under Michigan law. The hearing will not last longer than four (4) days unless all parties agree otherwise, with time to be divided equally between you and Motif Jewelers. The arbitrator will be an attorney, licensed to practice law in the State of Michigan for no less than five (5) years experience as an arbitrator. The parties and the arbitrator will treat all aspects of the arbitration proceedings, including, without limitation, discovery, testimony and other evidence, briefs, and the award, as strictly confidential and not subject to disclosure to any third party or entity, other than to the parties, the arbitrator, and the American Arbitration Association. The arbitrator must give full effect to the applicable law and to all terms of this Agreement, and are specifically divested of any power to add to, subtract from, modify or alter any of the terms or conditions of this Agreement, or to render decisions in derogation thereof. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual direct damages, except as may be required by statute. THE PARTIES UNDERSTAND THAT THEY ARE WAIVING THEIR RIGHTS TO A JURY TRIAL. The arbitrator will issue written findings of fact and conclusions of law, the decisions of the arbitrator will be binding and conclusive upon all parties involved, and judgment upon any decision of the arbitrator may be entered in any federal or state courts with jurisdiction.
In any litigation, arbitration or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, in addition to any other relief to which the prevailing party may be entitled, the prevailing party will be entitled to recover its reasonable attorney fees, costs and expenses to resolve the dispute and to enforce the final judgment.
You agree to comply with all local laws and rules regarding online conduct and acceptable content. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms. The Site is controlled and operated by Motif Jewelers from its offices in the State of Michigan, in the United States of America. Motif Jewelers makes no representation that any of the Site (including, without limitation, any merchandise or services available on or through the Site) are available or appropriate for use outside of the United States of America. If you access the Site from outside the United States of America, you do so on your own initiative and must bear all responsibility for compliance with local laws, if applicable. Your use of or access to the Site should not be construed as Motif Jewelers’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Michigan.
If any provision(s) of these Terms, including without limitation, the warranty disclaimers and liability limitations set forth above, are found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Section Titles; Survival
The section titles in these Terms are for convenience only and have no legal or contractual effect. Sections 8 through 19 of these Terms, as well as any payment obligations to Motif Jewelers, shall survive any termination of these Terms.
These Terms and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.