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Hard Jewelry® Mobile Application End-User License Agreement and Website Terms and Conditions
Last Updated: July 14, 2025
1. Background. Thank you for visiting the Hard Jewelry® website located at www.hardjewelry.com (the "Site") and/or downloading and accessing the Hard Jewelry® mobile application (the "App"). The Site and App are properties of Hard Jewelry LLC (collectively, "Hard Jewelry®" "we," "our" or "us").
2. Scope. This Hard Jewelry® Mobile Application End-User License Agreement and Website Terms and Conditions ("Terms") are inclusive of the Hard Jewelry® Privacy Policy ("Privacy Policy"), the Hard Jewelry® Return Policy ("Return Policy"), the Hard Jewelry® Frequently Asked Questions ("FAQ"), and any and all other applicable Hard Jewelry® operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement").
3. Your Consent to the Agreement. You agree to the terms and conditions contained in the Agreement, in their entirety, when you: (a) access and/or use the Site; (b) download, attempt to download and/or use the App and associated Software (as defined below), as made available on the iPhone® and iPad®, as well as Android® and other mobile devices, where and to the extent available (collectively, "Mobile Devices") by and through the Apple® App Store, the Google Play® store and other applicable venues, where and to the extent available (collectively, "Download Venues"); (c) access certain text, images, video, audio, Reviews (as defined below), and other content and information relating to the Hard Jewelry® Offerings as made available by: (i) Hard Jewelry® (collectively, "Hard Jewelry® Content"); and/or (ii) third parties ("Third-Party Content"); (d) download certain content made available to users, such as wallpapers and custom desktop cursors ("Downloadable Content," and together with the Hard Jewelry® Content and Third-Party Content, the "Content"); (e) purchase any of the Hard Jewelry® products featured on the Site (collectively, "Hard Jewelry® Products"); (f) register to receive our email newsletter ("Newsletter"), which contains updates and promotions associated with various Hard Jewelry® Products; (g) register to receive SMS text message alerts and offers from Hard Jewelry® ("Mobile Message Service"), which contain updates and promotions associated with various Hard Jewelry® Products (the Mobile Message Service is subject to the Mobile Service Terms set forth below); (h) obtain information about upcoming Hard Jewelry® live events, such as pop-up stores, in-person giveaways and in-person sales (collectively, "Events"); (i) submit original artwork to Hard Jewelry® ("User-Submitted Art"); (j) access links to the Hard Jewelry® social media pages/accounts appearing on third-party social media websites (collectively, "Social Media Pages"), such as Discord®, Instagram®, TikTok®, X® and YouTube® (collectively, "Social Media Websites"), as well as the associated message boards, comment sections, messaging functionality and other interactive features associated with the Social Media Pages ("Interactive Services"); (k) submit Hard Jewelry® Product reviews (collectively, "Reviews"); (l) utilize the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Hard Jewelry® (collectively, the "Contact Services," and together with the Site, App, Content, Hard Jewelry® Products, Newsletter, Mobile Message Service, Events, Social Media Pages, Interactive Service and Reviews, the "Hard Jewelry® Offerings"); and/or (m) otherwise affirmatively consent to these Terms and/or the Agreement.
These Terms are effective as of the date set forth above. Please print the Agreement for your records. A printed version of the Agreement will be valid, enforceable, and admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as a paper agreement that you sign manually. Violations of the Agreement may result in suspension or termination of your account.
Apple®, Apple App Store®, Apple Pay®, iPhone® and iPad® are registered trademarks of Apple, Inc. ("Apple"). Instagram® is a registered trademark of Meta Platforms, Inc. ("Meta"). Android®, Google Pay®, Google Play® and YouTube® are registered trademarks of Google, Inc. ("Google"). Discord® is a registered trademark of Discord Inc. ("Discord"). TikTok® is a registered trademark of ByteDance Ltd. ("TikTok"). X® is a registered trademark of X Corp. ("X"). Please be advised that Hard Jewelry® is not in any way affiliated with Apple, Meta, Google, Discord, TikTok or X, and the Hard Jewelry® Offerings are not endorsed, administered or sponsored by any of the foregoing entities.
NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST HARD JEWELRY® AND/OR ITS THIRD PARTY PARTNERS, AS WELL AS THEIR RESPECTIVE PARENTS, SUBSIDIARIES AND RELATED PARTIES, AND HARD JEWELRY'S® SERVICE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, "COVERED PARTIES"), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION.
THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT. NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT ("TCCWNA").
4. Modification We may amend the Agreement from time to time in our sole discretion, without specific notice to users; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site and by and through the App, and users should review the Agreement in its entirety prior to using any Hard Jewelry® Offerings. By a user's continued use of any Hard Jewelry® Offerings, that user hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
5. Requirements; Necessary Equipment; Data Charges. The Hard Jewelry® Offerings are available only to individuals who: (a) can enter into legally binding contracts under applicable law; and (b) are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction) (collectively, "Usage Requirements"). The Hard Jewelry® Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction) and/or individuals who cannot enter into legally binding contracts under applicable law. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the Hard Jewelry® Offerings. If you do not satisfy all of the Eligibility Requirements, you may not access the Hard Jewelry® Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/Mobile Device, mobile telephone number, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Hard Jewelry® Offerings. Hard Jewelry® does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Hard Jewelry® does not guarantee that the Hard Jewelry® Offerings can be accessed: (i) on all Mobile Devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; and/or (iv) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the App and other Hard Jewelry® Offerings. You are fully responsible for all such charges and Hard Jewelry® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
In addition to the foregoing, individuals are not permitted to access the Hard Jewelry® Offerings with a Jail-Broken Mobile Device. For purposes of the Agreement, a "Jail-Broken Mobile Device" is a Mobile Device that runs: (I) Apple's® iOS operating system (including the iPhone®, iPod touch®, iPad® and second-generation Apple TV®) that has had any of its iOS-based software restrictions removed via any procedure that is not fully endorsed and authorized by Apple®; and/or (II) the Android® operating system that has had any of its Android®-based software restrictions removed via any procedure that is not fully endorsed and authorized by the applicable Mobile Device manufacturer.
6. Registration; Termination of Accounts. In order to download the App, purchase Hard Jewelry® Products, register for the Mobile Message Service, register for the Newsletter, submit a Review, utilize the Interactive Services and/or utilize certain other Site Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a "Form"). The information that you must supply on a Form may include, without limitation: (a) full name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; (e) credit/debit card information or other Payment Method (as defined below) information (where purchasing Hard Jewelry® Products); (f) date of birth; and/or (g) any other information requested by us on the applicable registration Form (collectively, "Registration Data").
You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Hard Jewelry's® use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
Hard Jewelry® may reject a prospective user's attempt to open an account and/or terminate a user's account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where: (i) Hard Jewelry® believes that such user/prospective user, as applicable, is in any way in breach of the Agreement; (ii) Hard Jewelry® believes that such user/prospective user, as applicable, is engaged in any improper and/or unauthorized conduct in connection with the Hard Jewelry® Offerings; and/or (iii) Hard Jewelry® believes that such user/prospective user, as applicable, is, at any time, engaged in any activity by and/or through the Hard Jewelry® Offerings that may violate any applicable law.
As part of the registration process, users may be provided with, or may select, a user-name and/or password for both the Site and the App. If the user-name(s)/password(s) that a user requests is/are not available, that user will be asked to supply another user-name/password. If Hard Jewelry® provides a user with a user-name/password, that user can change that user-name and/or password, or the one that the user selected during registration, at any time through her/his Site and/or App account settings, as applicable. Each user agrees to notify Hard Jewelry® of any known or suspected unauthorized use(s) of her/his account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of her/his user-name(s)/password(s). Each user shall be responsible for maintaining the confidentiality of her/his user-name(s)/password(s) and account. Each user agrees to accept responsibility for all activities that occur through use of her/his user-name(s)/password(s) and account, including any charges incurred therethrough. Any fraudulent, abusive or otherwise illegal activity engaged in by any user, or any entity or person with access to that user's user-name(s)/password(s) and/or account may be grounds for termination of that user's account, in Hard Jewelry's® sole discretion, and that user may be reported to appropriate law enforcement agencies.
7. Compliance with Applicable Law. Each user represents and warrants that it, its use of the Hard Jewelry® Offerings, as well as its User-Submitted Material (as defined below) and Feedback (as defined below), shall fully comply with all applicable laws, rules and regulations.
8. Purchases and Billing Provisions. You can purchase Hard Jewelry® Products by and through the Site and/or App by completing the applicable Form and providing the requisite Registration Data. Upon completing the applicable Form associated with the purchase of the Hard Jewelry® Product(s) that you have added to your shopping cart, and upon providing the requisite Registration Data, your Payment Method (as defined below) will be charged the applicable purchase price for the Hard Jewelry® Product(s), plus shipping and handling and applicable sales tax. For purposes of the Agreement, "Payment Method" shall mean your designated credit/debit card, your Apple Pay® account, your Google Pay® account, your PayPal® account and/or your Shop Pay® account. UNLESS OTHERWISE INDICATED, AND SUBJECT TO THE RETURNS POLICY SET FORTH BELOW, ALL SALES ARE FINAL AND NON-REFUNDABLE.
The fees associated with your purchases will appear on your Payment Method statement through the identifier "SP HARD JEWELRY." All prices displayed on the Site and in the App are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use Hard Jewelry® Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Hard Jewelry® in effect at any given time. Upon reasonable prior notice to you (with Site and App updates and/or e-mail sufficing), Hard Jewelry® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Purchase of Hard Jewelry® Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Electronic Signatures: Hard Jewelry's® authorization to provide and bill for the Hard Jewelry® Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Hard Jewelry's® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the "E-Sign Act"). Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.
PayPal® is a registered trademark of PayPal, Inc. ("PayPal"). Shop Pay® is a registered trademark of Shopify, Inc. ("Shopify"). Please be advised that Hard Jewelry® is not in any way affiliated with PayPal or Shopify, and the Site Offerings are not endorsed, administered or sponsored by PayPal or Shopify.
9. Hard Jewelry® Product Returns. If you are not completely satisfied with your Hard Jewelry® Product purchase, you may be able to exchange it for a Site/App credit or refund within fifteen (15) days from the date of your receipt of your purchase; provided, however, that the following restrictions apply:
For Hard Jewelry® Product that Consists of Body Jewelry:
- A refund is only possible where such body jewelry is unused. If such body jewelry is unused, you must submit your return request within fifteen (15) days of receiving your applicable purchase.
For Non-Body Jewelry Hard Jewelry® Products:
- You can return all non-body jewelry for a full refund if you submit your return request within fifteen (15) days of receiving your applicable purchase.
For Clothing or Miscellaneous Hard Jewelry® Products:
- We do not accept returns for refunds or exchanges for Hard Jewelry® Products that consist of clothing or miscellaneous products such as rugs, water bottles, etc. unless you received something damaged, defective, or incorrect.
For Damaged, Defective or Incorrectly Shipped Hard Jewelry® Products:
Please contact our customer service team at: support@hardjewelry.com, or through the Contact Us form on the Site/in the App to receive assistance.
Return Procedure:
You must use a bubble wrap mailer to ship any Hard Jewelry® Products that consist of jewelry or other delicate objects in order to prevent damage in transit. Any jewelry/delicate objects sent that is/are damaged in transit, or outside of policy, will receive store credit instead of an exchange or refund. No exceptions.
Please send your return to the address below together with a handwritten note that includes your order number, as well as details regarding the reason for the return. Please be sure to include the new size if you are exchanging your Hard Jewelry® Product(s), or any other requests for us to fulfill on our end. If you request a Hard Jewelry® Product exchange and the Hard Jewelry® Product that you requested is not available, Site/App credit or a refund will be issued instead. Lastly, please add your first and last name on the outside of the package to facilitate processing. Once your package is sent, please email our customer service team at: support@hardjewelry.com, or use our "Contact Us" form on the Site/in the App to send us the tracking number associated with your return.
Hard Jewelry LLC
184 20th St.
Ogden, UT 84401-0304
Once your return has been received, please allow up to thirty (30) days for processing. During holiday times, processing times may take longer. You will receive a confirmation email when the return is completed. It may take an additional billing cycle to see the funds reflected on your Payment Method billing statement.
10. Hard Jewelry® Product Descriptions; Limited Availability; Order Cancellation by Hard Jewelry®. Hard Jewelry® attempts to be as accurate as possible when describing the Hard Jewelry® Products. However, Hard Jewelry® does not warrant that the Hard Jewelry® Product descriptions (or other Content contained on the Site and/or in the App) are accurate, complete, reliable, current or error-free. If the Hard Jewelry® Products offered on the Site/in the App are not as described, your sole remedy is to return the Hard Jewelry® Products. We have made every effort to display as accurately as possible the colors of the Hard Jewelry® Products that appear on the Site and in the App. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, Mobile Device or other device used to access the Site/App, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate.
In the event that a Hard Jewelry® Product is listed at an incorrect price point due to a typographical error or an error in pricing information received from our suppliers, Hard Jewelry® shall have the right to refuse or cancel any orders placed for that Hard Jewelry® Product so listed at the incorrect price. Hard Jewelry® shall have the right to limit the number of items purchased through the Site and/or App. Hard Jewelry® shall have the right to refuse or cancel any order whether or not the order has been confirmed and your Payment Method charged. If your Payment Method has already been charged for the purchase and your order is canceled, Hard Jewelry® shall immediately issue a credit to your Payment Method account in the amount of the charge.
Hard Jewelry® reserves the right to limit the quantity of Hard Jewelry® Products purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. Hard Jewelry® also reserves the right, in its sole and absolute discretion, to prohibit Hard Jewelry® Product sales to dealers or resellers. Reselling is hereby defined as purchasing or intending to purchase any Hard Jewelry® Product(s) from Hard Jewelry® for the purpose of engaging in a commercial sale of that/those same Hard Jewelry® Product(s) to/with a third party. Hard Jewelry® shall have the right to refuse or cancel any order at any time. If your Payment Method has already been charged for the purchase and your order is cancelled, Hard Jewelry® shall issue a credit to your Payment Method account in the amount charged.
11. Events. Hard Jewelry® may, from time-to-time, sponsor and/or participate in live Events. Details pertaining to each Event shall be made available on the Site and/or in the App, as applicable.
Please be advised Hard Jewelry® does not supervise the Events and is not involved in any way with the actions of any individuals, including Event hosts, Event guests, speakers, staff, security and/or other attendees, at the Events. Please use caution, common sense and safety when attending Events. You are solely responsible for your interactions with other individuals in connection with the Events. Without limiting the generality of the disclaimers contained in the Agreement and on the Site/in the App, we: (a) do not necessarily supervise nor do we control the Events or interactions at Events; (b) are not involved in any way with physical transportation to or from Events or with the actions of any persons present at Events; and (c) cannot guarantee the true identity and age of individuals attending the Events. In light of the foregoing, in the event that you have a dispute with one or more individuals in connection with an Event, you hereby release Hard Jewelry® and the Covered Parties 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. Hard Jewelry® reserves the right, but has no obligation, to monitor disputes between you and other individuals in connection with the Events. You understand and agree that Hard Jewelry® is not responsible or liable in any manner whatsoever for your inability to attend an Event for any reason whatsoever.
12. The App.
(a) Installation. Hard Jewelry® believes in providing users with clear, concise and complete disclosure before users download and install the App, including a description of the primary functions of the App. The App requires user consent prior to installation. Hard Jewelry® does not believe that users should be deceived into downloading or installing the App. In order to download the App, as made available on the iOS® and Android® mobile platforms, you must either utilize the options made available: (i) on the Site; or (ii) via participating Download Venues.
(b) Uninstall. The App can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional "add/remove" programs function contained within your Mobile Device. Please be advised that in some instances, you may be required to restart your Mobile Device before all remnants of the App are completely uninstalled and removed from your Mobile Device. If you experience any problems installing and/or uninstalling the App, please contact us via e-mail at: support@hardjewelry.com.
THE APP IS NOT SPYWARE OR ADWARE. THE APP WILL NOT DELIVER ADVERTISEMENTS TO YOUR MOBILE DEVICE.
(c) Download Venues. The Agreement is entered into by and between you and Hard Jewelry®, and not with the applicable Download Venue that you use to access the App. As between Hard Jewelry® and any participating Download Venue, Hard Jewelry® is solely responsible for the App. No Download Venue has any obligation to furnish any maintenance and/or support services with respect to the App. The Download Venues are third-party owned and operated websites. Use of those stores shall be governed by the applicable venue's agreements, terms and conditions. Hard Jewelry® does not control the Download Venues or any of the actions, policies or decisions made by the operators of those venues. If you accessed or downloaded the App from the Apple® Store, then you agree to use the App only: (i) on an Apple®-branded product or device that runs iOS (Apple's® proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple® Store Terms of Service, as applicable.
(d) Remote Access, Updates and Bug Fixes. Hard Jewelry® reserves the right (but is not obligated) to add additional features or functions to the existing App, and to provide technical support including bug fixes, error corrections, patches, new releases or any other component not specified within these Terms, from time-to-time. When installed on a user's Mobile Device, the App periodically communicates with Hard Jewelry® servers. Hard Jewelry® may require the updating of the App residing on a user's Mobile Device when Hard Jewelry® releases a new version of the App, or when Hard Jewelry® makes new features available. The aforementioned technical support and/or updates may occur automatically without prior notice through remote access to your Mobile Device, or upon prior notice to you and may occur all at once or over multiple sessions, in Hard Jewelry's® sole and absolute discretion. By downloading the App, you hereby consent to this remote access and these update/technical support services. Our access to your Mobile Device will be limited to providing support and/or updating the App. Where we are denied access for these purposes, your ability to utilize App-based Hard Jewelry® Offerings may be limited. Each user understands that we may require that user's review and acceptance of our then-current Agreement before that user will be permitted to use any subsequent versions of the App. Each user acknowledges and agrees that Hard Jewelry® has no obligation to make any subsequent versions of the App available to that user, or to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement.
(e) Third-Party Software. ANY THIRD-PARTY SOFTWARE, AS WELL AS ANY THIRD-PARTY PROVIDED PLUG-INS, THAT MAY BE PROVIDED WITH THE APP ARE MADE AVAILABLE FOR USE AT EACH USER'S SOLE OPTION AND RISK. IF A USER CHOOSES TO USE SUCH THIRD-PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD-PARTY'S LICENSING AGREEMENT(S), TERMS AND CONDITIONS AND PRIVACY PRACTICES. HARD JEWELRY® IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE AND SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY USER'S USE OF, OR INABILITY TO USE, THIRD-PARTY SOFTWARE.
(f) App License Grant/Termination. Subject to the restrictions set forth in the Agreement, we grant to you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the App and related Software, in object code format only, on Mobile Devices owned or controlled by you, solely for the purpose of accessing and using the Hard Jewelry® Offerings in accordance with the Agreement, and solely for so long as your account is in good standing. You acknowledge that you are receiving licensed rights only. The licenses set forth in this Section 12 shall be in effect unless and until this license is terminated by Hard Jewelry®. Hard Jewelry® may terminate the licenses set forth in this Section 12 and/or disable, remove or change the App and/or any portion thereof in its sole discretion at any time, with or without notice, by remote updates or otherwise. In addition, this license will terminate immediately with respect to a user if that user fails to comply with any term or condition of the Agreement. Each user agrees upon expiration or termination of this license to immediately un-install the App. You may not network the App and/or Software among multiple Mobile Devices. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the App, Software and/or their structural framework; (ii) create derivative works of the App and/or Software; (iii) use the App and/or Software in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the App and/or Software. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the App and/or Software in any way to permit other products or information to interoperate with the App and/or Software. You are responsible for all use of the App and/or Software that is under your possession or control.
(g) Export Restrictions. Each user agrees that the App may not be transferred or exported into any other country or used in any manner prohibited by U.S. or other applicable export laws and regulations.
13. Mobile Message Service. Where you register for the Mobile Message Service, and otherwise provide "prior express consent" within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time ("TCPA"), you consent to receive SMS messages, delivered via automated technology, from Hard Jewelry® to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase of Hard Jewelry® Products. The messages that you receive in connection with the Mobile Message Service shall consist of promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders).
You may receive a maximum of twenty (20) such SMS messages per calendar month; provided, however, that message frequency will vary. Hard Jewelry® reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Hard Jewelry® also reserves the right to change the short code or phone number from which messages are sent; provided that we will notify you when we do so.
Standard message and data rates may apply to any SMS/text messages.
Text the keyword "STOP," "END," "CANCEL," "UNSUBSCRIBE" or "QUIT" to cancel. After texting STOP," "END," "CANCEL," "UNSUBSCRIBE" or "QUIT," you will receive one (1) additional message confirming that your request has been processed. You acknowledge that our Mobile Message Service may not recognize and respond to unsubscribe requests that do not include the "STOP," "END," "CANCEL," "UNSUBSCRIBE" or "QUIT" keyword commands and agree that Hard Jewelry® and its service providers will have no liability for failing to honor such requests. You may text "HELP," or email us at: support@hardjewelry.com for help. We shall not be liable for delayed or undelivered messages.
Not all Mobile Devices may be supported and our messages may not be deliverable in all areas. Hard Jewelry®, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Participating Carriers: The following mobile carries are not liable for delayed or undelivered messages:
AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
14. Interactive Services and Feedback.
(a) Subject to the restrictions contained herein including, without limitation, those contained below, the Interactive Services may allow users to post comments, text, video, content and engage in other interactive communication, by and through the Hard Jewelry® Offerings. In connection with the Interactive Services, each user shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (collectively, "Feedback") posted by and through the Interactive Services. Hard Jewelry® reserves the right to prohibit any conduct by users, or to remove any Feedback posted by and through the Interactive Services that Hard Jewelry® deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which Hard Jewelry® believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Hard Jewelry® to harm, damage to reputation or liability. Notwithstanding the foregoing, Hard Jewelry® undertakes no responsibility to monitor or otherwise police the actions of users, Feedback and/or other material posted by users and/or other third parties. Hard Jewelry® shall have no obligation and incur no liability to any users in connection with any Feedback. Users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when viewing Feedback. You agree to use the Interactive Services in a manner consistent with, and in full compliance with, any and all applicable laws and regulations.
(b) In connection with the posting of Feedback, your use of the Interactive Services and/or your use other of the Hard Jewelry® Offerings, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) "stalk" or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, other users; (vii) transmit any chain letters, spam or junk e-mail to other users; (viii) express or imply that any statements that you make are endorsed by Hard Jewelry®, without Hard Jewelry's® specific prior written consent; (ix) harvest or collect personal information of other users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Hard Jewelry® Offerings; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site and/or App; (xiii) interfere with or disrupt the Hard Jewelry® Offerings and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains 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; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (xvi) "frame" or "mirror" any part of the Hard Jewelry® Offerings without Hard Jewelry's® prior written authorization; (xvii) use metatags or code or other devices containing any reference to any Hard Jewelry® Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Hard Jewelry® Offerings or any software used in or in connection with the Hard Jewelry® Offerings. Hard Jewelry® reserves the right to pursue any and all legal remedies against users that engage in the aforementioned prohibited conduct.
15. Reviews and User-Submitted Art.
(a) From time-to-time, Hard Jewelry® may solicit and/or accept customer Reviews and/or User-Submitted Art (collectively, "User Submitted Material") through the Site, App, or through other media/venues. We have no obligation to police or otherwise screen User Submitted Material; provided that, we may accept or reject User Submitted Material (and remove such User Submitted Material where previously published) for any reason, in our sole discretion. We do not endorse any User Submitted Material, and User Submitted Material does not necessarily represent our opinions or views.
(b) You represent and warrant that: (i) the User-Submitted Art does not infringe upon any third party's intellectual property or other proprietary rights, or violate any third party's right of publicity or right of privacy; and (ii) the User-Submitted Art is free and clear of any lien, pledge, security interest, license, claim, alienation, mortgage, hypothecation, encumbrance, option, right of first offer, right of first refusal, equitable interest, charge or other restriction of any nature or kind whatsoever.
(c) By sending us your User Submitted Material, you irrevocably grant Hard Jewelry® the right to use such User Submitted Material in any and all forms of marketing and promotional material including, without limitation, website publications, print advertisements ("Ads"), online Ads, television Ads, radio Ads, interactive media, as well as extracts and reproductions of any portion thereof, and for any and all other uses. You understand and agree that your User Submitted Material, in whole or in part, may be edited and/or dramatized, and that any part of your User Submitted Material may be used without compensation to you. You agree that no Ad or other material incorporating or making reference to your User Submitted Material need be submitted to you for approval and Hard Jewelry® shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of your User Submitted Material. You expressly release Hard Jewelry® from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, ad or promotion utilizing or incorporating your User Submitted Material, or any other use of your User Submitted Material whatsoever. You acknowledge and agree that Hard Jewelry® shall not be liable for any causes of action or claims related to your decision to provide your User Submitted Material to Hard Jewelry®.
(c) If you submit a Review, you acknowledge and agree that you are not: (i) an employee, officer or director of Hard Jewelry®; (ii) an immediate family member of an employee, officer or director of Hard Jewelry®; or (iii) living in the same household with an employee, officer or director of Hard Jewelry®. Where you receive free Hard Jewelry® Products and/or any other form of compensation in connection with submitting a Review, you shall ensure that, at all times, you fully comply with: (A) the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials and Native Advertising: A Guide for Businesses (collectively, the "FTC Guidelines"); (B) the FTC's Disclosures 101 for Social Media Influencers; (iii) the FTC's Do's and Don'ts for Social Media Influencers; and (iv) the FTC's Do you endorse things on social media? (collectively, the "Endorsement Guides"). Without limiting your obligations to comply with the Endorsement Guides, you must clearly and conspicuously disclose your "material connection" with Hard Jewelry®, using simple and clear language, that you have received financial compensation and/or free Hard Jewelry® Products, as applicable, in connection with submitting a Review.
(d) You agree that you are solely responsible for the content of your Review(s). You certify to Hard Jewelry® that everything contained in the Review is true and an expression of your personal belief. You acknowledge and agree that at no time did Hard Jewelry® provide you with any consultation, advice or guidance with respect to the substance of the Review. You agree to comply with all applicable laws and regulations in connection with your Review(s). You may not post a Review if you, or a member of your household, is employed by a competitor of Hard Jewelry®. You may not organize a campaign or otherwise encourage others to post a Review, whether positive or negative.
(e) Without limiting the foregoing, you agree not to: (i) display any telephone numbers, street addresses, last names, e-mail addresses or any confidential information of any third party; (ii) include any text containing confidential information of any third party; (iii) include any text that may be deemed indecent, offensive, harmful or obscene in your community, as defined under applicable law; (iv) include any text that may be deemed libelous, defamatory, false or misleading; (v) include any text that may be deemed hate speech and/or material that discriminates on the basis of race, ethnicity, gender, age, disability, religion, marital status or sexual orientation; (vi) impersonate any person or entity; (vii) "stalk" or otherwise harass any person; (viii) express or imply that any statements you make are endorsed by Hard Jewelry®; and/or (ix) include any copyrighted material, trademarks or other proprietary information of any third party without obtaining the prior consent of the owner of such proprietary rights. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement. Hard Jewelry® reserves the right to pursue any and all legal remedies against users that engage in the aforementioned prohibited conduct.
16. Social Media Pages. The Site and App contain links to the various Hard Jewelry® Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites' applicable agreements, terms and conditions. You understand and agree that Hard Jewelry® shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
17. Content.
(a) General Terms. Subject to the terms and conditions of the Agreement, users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the App, Site and/or other Hard Jewelry® Offerings. The Content is compiled, distributed and displayed by Hard Jewelry®, as well as third-party content providers, such as individuals who submit Reviews and/or User Submitted Art, other users and third-party service providers (collectively, "Third-Party Providers"). Hard Jewelry® does not control the Content provided by Third-Party Providers that is made available by and through the Hard Jewelry® Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness, safety and/or usefulness of such Content. The Content should not necessarily be relied upon. Hard Jewelry® does not represent or warrant that the Content and other information posted by and/or through the Hard Jewelry® Offerings is accurate, complete, up-to-date or appropriate. Users understand and agree that Hard Jewelry® will not be responsible for, and Hard Jewelry® undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. Users agree that Hard Jewelry® shall have no obligation and incur no liability to such users in connection with any Content. Users may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
(b) Feedback License. Each user who posts Feedback by and through the Hard Jewelry® Offerings hereby irrevocably grants to Hard Jewelry®, for good and valuable consideration, the receipt of which is hereby acknowledged, the worldwide right and license to use, reuse and publish any and all Feedback, in any and all forms of marketing and promotional material including, without limitation, print advertisements, online Ads and other promotions appearing on Hard Jewelry's® Social Media Pages and other Social Media Websites, email Ads, television Ads, radio Ads, interactive media, as well as printed extracts and reproductions of any portion thereof, and for any and all other uses. Each user who posts Feedback represents and warrants to Hard Jewelry® that: (i) such user has all of the rights and authority necessary to submit the Feedback for the uses contemplated hereunder, including the right to publish the Feedback; and (ii) the publication of the Feedback by such user, as well as Hard Jewelry® as contemplated hereunder, will not infringe upon or violate the rights of any third-party. Each user who posts understands and agrees that: (A) the Feedback, in whole or in part, may be edited and/or dramatized, and that any part of the Feedback may be used without compensation to such user; and (B) no Ad or other material incorporating or making reference to the Feedback need be submitted to such user for approval and Hard Jewelry® shall be without liability to such user for any distortion or illusionary effect resulting from its publication of the Feedback. Each user who posts Feedback expressly: (I) releases Hard Jewelry® from any and all claims that such user has or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, Ad or promotion utilizing or incorporating the subject Feedback, or any other use of the subject Feedback whatsoever; and (II) acknowledges and agrees that Hard Jewelry® shall not be liable for any causes of action or claims related to the applicable user's decision to provide the Feedback to Hard Jewelry®.
18. Ownership. The Hard Jewelry® Offerings, including the Hard Jewelry® Products, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, and all Hard Jewelry® logos, symbols, expansion names and symbols, play level symbols, trade dress or "look and feel," and all derivative works or modifications of/to any of the foregoing, and all related and underlying intellectual property (including, without limitation, patents, trademarks, trade secrets and copyrights), are the sole and exclusive property of Hard Jewelry®. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of the Hard Jewelry® Offerings does not convey or imply the right to use the Hard Jewelry® Offerings in combination with any other information or products. The posting of information or material by and through the Hard Jewelry® Offerings does not constitute a waiver of any right in or to such information and/or materials. The "Hard Jewelry" name and logo are registered trademarks of Hard Jewelry LLC. The use of any Hard Jewelry® trademark without Hard Jewelry's® express written consent is strictly prohibited.
19. License. Each user is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Hard Jewelry® Offerings. Hard Jewelry® may terminate this license at any time for any reason. Unless otherwise expressly authorized by Hard Jewelry® in writing in each instance, users may only use the Hard Jewelry® Offerings (including the Downloadable Content) for their own personal, non-commercial use. No part of the Hard Jewelry® Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No user or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Hard Jewelry® Offerings except as expressly permitted by Hard Jewelry®. No user or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Hard Jewelry® Offerings, or any portion thereof. No user or other third-party may create any "derivative works" by altering any aspect of the Hard Jewelry® Offerings. No user or other third-party may use the Hard Jewelry® Offerings in conjunction with any other third-party content. No user or other third-party may exploit any aspect of the Hard Jewelry® Offerings for any commercial purposes not expressly permitted by Hard Jewelry®. Each user further agrees to indemnify and hold Hard Jewelry® harmless for that user's failure to comply with this Section 19. Hard Jewelry® reserves any rights not explicitly granted in the Agreement.
20. Prohibited Conduct.
(a) Abuse. In accessing the Hard Jewelry® Offerings, you represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Hard Jewelry® Offerings; and (ii) will comply with the rules, regulations and policies applicable to the Social Media Websites.
(b) Hacking, Tampering or Unauthorized Access. Any attempt to gain unauthorized access to our systems or any other user's account, interfere with procedures or performance of any Hard Jewelry® Offerings, or deliberately damage or undermine any Hard Jewelry® Offerings is subject to civil and/or criminal prosecution and will result in immediate termination of your account. You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Hard Jewelry® Offerings or your account.
(c) Restrictions. Any use, reproduction or redistribution of the Hard Jewelry® Offerings, or related services not expressly authorized by the Agreement is expressly prohibited. You may not engage in, or assist others in engaging in, conduct that would damage or impair our property including, without limitation: (i) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, Hard Jewelry® Products or services obtained from us; (ii) providing unauthorized means through which others may use the Hard Jewelry® Offerings, such as through server emulators; (iii) taking actions that impose an unreasonable or disproportionately large load on our or our suppliers' network infrastructure, or that could damage, disable, overburden or impair the Hard Jewelry® Offerings; (iv) interfering with any other party's use and/or enjoyment of the Hard Jewelry® Offerings; and/or (v) attempting to gain unauthorized access to third-party accounts and/or the Hard Jewelry® Offerings.
(d) Reporting Prohibited Conduct. You may report prohibited conduct by forwarding all evidence of abuse to: support@hardjewelry.com. All such evidence and your messages become our property and we may use them for the purposes set forth hereunder. Please report responsibly.
21. Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE HARD JEWELRY® OFFERINGS, AND ALL RELATED SERVICES, PRODUCTS, INFORMATION, AND CONTENT PROVIDED OR MADE AVAILABLE BY OR THROUGH THE HARD JEWELRY® OFFERINGS ARE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR FREEDOM FROM VIRUS OR OTHER DISABLING ROUTINE, OR INTERRUPTION, OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. USE OF THE INTERNET AND TELECOMMUNICATIONS SYSTEMS IS INHERENTLY RISKY AND YOU DO SO AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, HARD JEWELRY® MAKES NO WARRANTY THAT: (A) THE HARD JEWELRY® OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) ANY INFORMATION OBTAINED THROUGH THE HARD JEWELRY® OFFERINGS (INCLUDING CONTENT) WILL BE ACCURATE OR RELIABLE; (C) THE APP WILL BE AVAILABLE FOR INSTALLATION OR REINSTALLATION WITH ALL MOBILE DEVICES OR THAT THE HARD JEWELRY® OFFERINGS WILL BE COMPATIBLE WITH ANY SPECIFIC PC, HARDWARE, MOBILE DEVICE, WIRELESS NETWORK OR SERVICE; (D) THE HARD JEWELRY® OFFERINGS WILL BE FREE FROM TECHNICAL ERROR, OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC; (E) THE HARD JEWELRY® PRODUCTS WILL BE FREE FROM ERROR OR DEFECT; (F) ANY DEFECTS IN THE HARD JEWELRY® OFFERINGS WILL BE CORRECTED; (G) YOU WILL BE ABLE TO ACCESS AND PARTICIPATE IN ANY APPLICABLE EVENT; OR (H) THE HARD JEWELRY® OFFERINGS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HARD JEWELRY® AND/OR THROUGH THE HARD JEWELRY® OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM, RELATING TO OR ARISING OUT OF VIOLATIONS OF THE AGREEMENT BY OTHER USERS OR THIRD PARTIES AND WE HAVE NO RESPONSIBILITY TO ENFORCE THE AGREEMENT FOR THE BENEFIT OF ANY USER OR THIRD PARTY.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. AS SUCH, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
22. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD-PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, ARISING OUT OF OR RELATING TO THE AGREEMENT, THE HARD JEWELRY® OFFERINGS, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU BY AND THROUGH SAME, INCLUDING, BUT NOT LIMITED TO, FOR: (A) THE USE OR THE INABILITY TO USE THE HARD JEWELRY® OFFERINGS INCLUDING, WITHOUT LIMITATION, THE HARD JEWELRY® PRODUCTS; (B) THE INABILITY TO INSTALL, OR REINSTALL, THE APP ON ANY MOBILE DEVICE; (C) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA, ACCOUNT AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE, APP OR OTHER HARD JEWELRY® Offerings INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE/APP, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE/APP PAGES VISITED, TIME SPENT ON EACH SITE/APP PAGE, NAVIGATION PATH THROUGH THE SITE/APP, AND/OR ANY ACTION TAKEN ON THE SITE/APP, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; (D) ANY ISSUE RELATED TO THE TIMELINESS, ACCURACY OR RELIABILITY OF THE HARD JEWELRY® OFFERINGS; (E) THE CANCELLATION OF ANY EVENT; (F) ANY INJURY OF ANY KIND INCURRED AT AN EVENT, OR ANY OTHER MATTER RELATED TO ANY EVENT; (G) ANY TECHNICAL ERROR OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC, ASSOCIATED WITH ANY OF THE HARD JEWELRY® OFFERINGS; OR (H) ANY OTHER MATTER RELATING TO THE HARD JEWELRY® OFFERINGS.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THE AGREEMENT, THE HARD JEWELRY® OFFERINGS, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU BY AND THROUGH SAME SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES. AS SUCH, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 18 MAY NOT APPLY TO YOU.
23. Miscellaneous.
(a) Technical Difficulties. We are not responsible for delays, disruptions, malfunctions or other technical interruptions that affect the Hard Jewelry® Offerings including, without limitation, problems with Mobile Devices, the App, the Site, computer systems, telephone carriers, Internet service providers or the quality of coverage, strength of signal, delays or outages in service.
(b) Linked Sites. You may be able to access third-party websites or services via the Site and/or App including, without limitation, Social Media Websites. We are not responsible for third-party websites, services or content available through those third-party websites. You are solely responsible for your dealings with third-parties (including advertisers). Your use of third-party software, websites or services may be subject to those third-parties' terms and conditions and privacy policies. Please review those legal policies before using any linked websites.
(c) Privacy Policy. The Hard Jewelry® Privacy Policy, located here, is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully prior to installing the App and/or utilizing the Site and/or any other of the Hard Jewelry® Offerings.
(d) Representations and Warranties. Each user hereby represents and warrants to Hard Jewelry® as follows: (i) the Agreement constitutes such user's legal, valid and binding obligation which is fully enforceable against such user in accordance with its terms; (ii) such user understands and agrees that such user has independently evaluated the desirability of utilizing the Hard Jewelry® Offerings and that such user has not relied on any representation and/or warranty other than those set forth in the Agreement; (iii) the execution, delivery and performance by such user of the Agreement will not conflict with or violate: (A) any order, judgment or decree applicable to such user; or (B) any agreement or other instrument applicable to such user; (iv) such user's performance under the Agreement, Feedback, use of the Hard Jewelry® Offerings, attendance at Events, Reviews, if any, and User-Submitted Art, if any, will not: (A) invade the right of privacy or publicity of any third person; (B) involve any libelous, obscene, indecent or otherwise unlawful material; (C) violate any Applicable Law; and/or (D) otherwise infringe upon the rights of any third-parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; and (v) such user shall not "stalk" or otherwise harass any person.
(e) Our Rights and Remedies; No Waiver. No Hard Jewelry® right or remedy shall be exclusive of any other, whether at law or in equity including, without limitation, damages, injunctive relief, attorneys' fees and expenses. Our failure to require or enforce strict performance by you of any of the terms and conditions contained in the Agreement, or to exercise any right under same, shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.
(f) Assignment. We may assign the Agreement, and any rights and obligations hereunder, in whole or in part, at any time without notice to you. You may not assign the Agreement or transfer any rights to use the Hard Jewelry® Offerings.
(g) Severability. The Agreement is intended to be severable. If, for any reason, any terms and/or conditions contained in the Agreement are held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such terms and/or conditions shall, in such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Agreement, which shall continue to be binding.
(h) No Third-Party Beneficiaries. The Agreement is solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.
(i) Indemnification. You agree, at your own cost and expense, to indemnify and hold us and our members, directors, officers, employees and agents harmless from and against any and all claims (including first-person claims brought by Hard Jewelry®), disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys' fees, arising out of or relating to: (i) your breach of the Agreement; (ii) any unauthorized or improper use of your account, the Hard Jewelry® Offerings and related services by any person including yourself; (iii) your violation of any applicable law, rule or regulation; (iv) any failure by you to provide accurate and up-to-date Registration Data; (v) your Feedback, attendance at Events, Reviews, if any, and User-Submitted Art, if any, and other Content, if any; (vi) any dispute between you and another user or third party; and/or (vii) your negligence or misconduct. If we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us.
(j) California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
(k) Notice to U.S. Government Users. The App is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government users acquire the App with only those rights set forth therein.
(l) Conflicting Terms. To the extent that anything in or associated with the Hard Jewelry® Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(m) Headings. All section headings and captions have been inserted for convenience only and shall not affect the interpretation of the Agreement.
24. Copyright Policy/DMCA Compliance. Hard Jewelry® reserves the right to terminate the account of any user who infringes upon third-party copyrights. If any user or other third-party believes that a copyrighted work has been copied and/or posted via the Hard Jewelry® Offerings in a way that constitutes copyright infringement, that party should provide Hard Jewelry® with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party's name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party's notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Hard Jewelry's® Copyright Agent for notice of claims of copyright infringement is as follows:
Klein Moynihan Turco LLP
Attn: Copyright Attorney
450 Seventh Avenue, 40th Floor
New York, NY 10123
info@kleinmoynihan.com
Fax: (212) 216-9559
25. Dispute Resolution, Class Action Waiver and Arbitration. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles) and any proceeding arising in connection with the Agreement may only be brought under the statutes and common law of the State of New York. The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Hard Jewelry® Offerings, the Agreement and/or any other aspect of the relationship between the parties (and Covered Parties). Without limiting the foregoing, should a dispute arise concerning the Hard Jewelry® Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto or any other aspect of the relationship between the parties (and Covered Parties): (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration, applying the substantive laws of the State of New York, before JAMS, in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that Hard Jewelry® reserves the right to require that any and all user claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against Hard Jewelry® that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here[INSERT LINK]. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the "Named Parties") may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must: (i) provide Hard Jewelry® with proof that you accessed the Site and/or App and provided consent to the Agreement; and, thereafter (ii) submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, and other than where Hard Jewelry® requires same as set forth above, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision prohibiting you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site or App.
26. Contact Us. Please send any questions or comments regarding the Hard Jewelry® Offerings, or any other related matter (including all inquiries unrelated to copyright infringement): (a) by mail to: Hard Jewelry LLC, 184 20th St., Ogden, UT 84401; (b) by email to: support@hardjewelry.com; or (c) call us at: (855) 322-6050. Please print these Terms for your records.