Terms and Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree
that access to and use of this site are subject to the following terms
and conditions and other applicable law. If you do not agree to these
terms and conditions, please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of Lazaro
Jewelry, LLC. The collective work includes works that are licensed to
Lazaro Jewelry, LLC. Copyright 2003, ALL RIGHTS RESERVED. Permission is
granted to electronically copy and print hard copy portions of this site
for the sole purpose of placing an order with or purchasing products.
You may display and, subject to any expressly stated restrictions or
limitations relating to specific material, download or print portions of
the material from the different areas of the site solely for your own
non-commercial use, or to place an order with or to purchase products.
Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is
strictly prohibited, unless authorized by Lazaro Jewelry, LLC. You
further agree not to change or delete any proprietary notices from
materials downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Lazaro Jewelry, LLC used in
the site are trademarks or registered trademarks of Lazaro Jewelry,
LLC.
Warranty Disclaimer
This site and the materials and products on this
site are provided "as is" and without warranties of any kind, whether
express or implied. To the fullest extent permissible pursuant to
applicable law, Lazaro Jewelry, LLC disclaims all warranties, express or
implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and
non-infringement. Lazaro Jewelry, LLC does not represent or warrant that
the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or the
server that makes the site available are free of viruses or other
harmful components. Lazaro Jewelry, LLC does not make any warrantees or
representations regarding the use of the materials in this site in terms
of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Lazaro Jewelry, LLC shall not be liable for any
special or consequential damages that result from the use of, or the
inability to use, the materials on this site or the performance of the
products, even if Lazaro Jewelry, LLC has been advised of the
possibility of such damages. Applicable law may not allow the limitation
of exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a product is mistakenly listed at
an incorrect price, Lazaro Jewelry, LLC reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
Lazaro Jewelry, LLC reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, Lazaro Jewelry, LLC shall issue a credit to
your credit card account in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Lazaro Jewelry,
LLC without notice at any time, for any reason. The provisions relating
to Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
Lazaro
Jewelry, LLC may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to Lazaro Jewelry, LLC.
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of New York, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of products) shall be in
the state or federal courts located in New York, NY. Any cause of
action or claim you may have with respect to the site (including but not
limited to the purchase of products) must be commenced within one (1)
year after the claim or cause of action arises. Lazaro Jewelry, LLC's
failure to insist upon or enforce strict performance of any provision of
these terms and conditions shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any of these terms and
conditions. Lazaro Jewelry, LLC may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a licensed employee, host, or representative, as
well as other members or visitors on the site is prohibited. You may not
upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise
objectionable which may constitute or encourage a criminal offense,
violate the rights of any party or which may otherwise give rise to
liability or violate any law. You may not upload commercial content on
the site or use the site to solicit others to join or become members of
any other commercial online service or other organization.
Participation Disclaimer
Lazaro Jewelry, LLC does not and cannot review all
communications and materials posted to or created by users accessing the
site, and is not in any manner responsible for the content of these
communications and materials. You acknowledge that by providing you with
the ability to view and distribute user-generated content on the site,
is merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, reserves the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in
violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to in its
sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless ,
Lazaro Jewelry, LLC, its officers, directors, employees, agents,
licensors and suppliers (collectively the "Service Providers") from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of these terms and
conditions or any activity related to your account (including negligent
or wrongful conduct) by you or any other person accessing the site using
your Internet account.
Third-Party
Links
In an attempt to provide
increased value to our visitors, Lazaro Jewelry, LLC may link to sites
operated by third parties. However, even if the third party is
affiliated with Lazaro Jewelry, LLC, Lazaro Jewelry, LLC has no control
over these linked sites, all of which have separate privacy and data
collection practices, independent of Lazaro Jewelry, LLC . These linked
sites are only for your convenience and therefore you access them at
your own risk. Nonetheless, Lazaro Jewelry seeks to protect the
integrity of its web site and the links placed upon it and therefore
requests any feedback on not only its own site, but for sites it links
to as well (including if a specific link does not work).
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