LEE MICHAELS FINE JEWELRY | TERMS & CONDITIONS
Please read the following important Terms and Conditions of use (hereinafter, the “Terms”. These Terms govern your use of this website and all websites which link to, reference these Terms, or are operated by Lee Michaels Fine Jewelry (collectively, the “Websites”). Additional terms and conditions of use applicable to specific areas of the Websites may also be posted in such areas and, together with these Terms, govern your use of those areas. These Terms, together with any such additional terms and conditions, are referred to as the “Agreement.”
The Agreement is a legal agreement between you and Lee Michaels for the contents and information appearing on the Websites. Your use of the Websites constitutes acceptance of all the terms and conditions contained within the Agreement.
To access the Websites or submit any Content, you must be over 13 years of age. If you are younger than 18 years of age, then you need to ensure your parents’ or guardians’ consent to your use of the Websites and the posting of any Content.
ALL CONTENT ON THE WEBSITES IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM INFRINGEMENT.
Lee Michaels reserves the right, in its sole discretion, to change or modify all or any part of this Agreement at any time, without notice. All revised terms and conditions will be effective immediately upon publication of the revised terms . Your continued use of the website after publication of the revised terms and conditions constitutes your binding acceptance of the revised terms and conditions. If at any time the terms and conditions or any revisions to the terms and conditions of this Agreement are no longer acceptable, you agree to immediately cease all use of the Websites. Additionally, if any of the terms and conditions or revisions thereto are not acceptable to you, your sole remedy is to cease use of the Websites. Any updates to the Agreement will be posted at www.lmfj.com. Please email questions or concerns to email@example.com.
You understand that the Websites provide you with information, data, text, sound, photographs, graphics, images, audio, video, location data, messages, software or other forms of data or communication (collectively, “Content”), and that such Content may be provided by third parties (“Third Party Content”). Lee Michaels does not endorse any Third Party Content expressed on the Websites, and Lee Michaels expressly disclaims any and all liability in connection with the Third Party Content.
You agree that Lee Michaels, in its sole discretion, may remove and discard any Content on the Websites, for any reason.
INTELLECTUAL PROPERTY AND USE OF CONTENT
The Content on the Websites are protected by copyright, trademark, service mark, patents or other proprietary rights and laws. Lee Michaels expressly reserves all intellectual property rights in all text, programs, products, processes, technology, Content and other materials that appear on this Websites. Nothing contained in this Agreement will confer upon a user any right, title, or interest in, or license to any Content, written materials, or intellectual property owned by Lee Michaels.
You acknowledge that the Websites contain Content, links and other material that are protected by copyright, trademark or other intellectual and proprietary rights, titles and interests of Lee Michaels or third parties. You agree to comply with any guidelines or restrictions contained in any Content available on or accessed through the website. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement or as expressly authorized in a specific area of the Websites. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software. Subject to the restrictions set forth in this Agreement, you may post on the Websites any Content owned by you (such as your original statements), Content for which you have received express permission from the owner to post, and Content in the public domain (collectively, “Your Content”). You represent that you own, or have the necessary permissions to use and authorize the use of any of Your Content you post. You assume all risk and responsibility for determining whether any Content is in the public domain or is permitted for posting by the owner of the Content.
RULES OF CONDUCT
You agree not to post on the Websites any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes on any copyright, trademark, patent or violates any right of privacy or publicity, or (d) otherwise violates any applicable law (including, without limitation, the laws and regulations governing export control, unfair competition, antidiscrimination, or false advertising). You agree not to post on the website any links to any external Internet sites that are obscene, pornographic, or otherwise inappropriate in the sole discretion of Lee Michaels. You agree not to use the website to solicit users to join competitive services. You may not imply that Your Content is in any way sponsored or endorsed by Lee Michaels. You may be liable if Your Content contains material that is false, intentionally misleading or defamatory; violates any third-party right, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
You agree to ensure the confidentiality and appropriately authorized use of all passwords assigned to you for use in accessing the website. You agree to be responsible for any use or misuses of your username and/or password and to promptly notify Lee Michaels of any breach of password security or the use of possession of your username and/or password by unauthorized individuals
Lee Michaels does not review the Content posted by users (“User Content”) on the Websites and is not responsible for such User Content and you agree that Lee Michaels will have no liability to you with respect to any User Content posted on the website. However, Lee Michaels reserves the right to delete, move or edit any User Content that it may determine, in its sole discretion, violates this Agreement or is otherwise inappropriate for posting. You agree to remain solely responsible for all User Content posted by you. Lee Michaels will have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion, and may edit the Content posted to the Websites in its sole discretion.
LEE MICHAELS’ RIGHT TO USE YOUR CONTENT AND/OR REMOVE USER CONTENT
You hereby irrevocably grant Lee Michaels a world-wide, non-exclusive, royalty-free, sublicensable, transferable right to use Your Content for any purpose, including but not limited to, copying, publicly performing, displaying, distributing, modifying, translating and creating derivative works of Your Content. You irrevocably grant other users the right to access Your Content in connection with their use of the Websites. You irrevocably waive any claims and assertions of moral rights or rights of attribution with respect to Your Content.
You also acknowledge and agree that Lee Michaels may remove, screen, edit or reinstate any User Content, at its sole discretion, without any notice to you and for any reason. Lee Michaels has no obligation to retain or provide you with copies of Your Content, nor does Lee Michaels guarantee any confidentiality with respect to Your Content
Lee Michaels and/or Lee Michaels’ licensees may use Your Content, including but not limited to, publicly displaying Your Content, reformatting Your Content, creating derivative works from Your Content, or incorporating Your Content into advertisements and other works. You are not entitled to any compensation for any such use.
References on the Websites to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Lee Michaels’ endorsement, sponsorship or recommendation of the third party, information, product or service. Lee Michaels is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. You acknowledge that Lee Michaels is not responsible for the availability of, or the content located on or through, any third party site. You should contact the site administrator or Webmaster for those third party sites if you have any concerns regarding such links or the content located on such third party sites.
Certain third party websites may contain information about products available through Lee Michaels or on the Websites. Additionally, you may be able to purchase items from Lee Michaels through certain third party websites. However, those third party websites are not controlled by Lee Michaels and therefore Lee Michaels is not responsible for the operation or content of those third party websites.
REPORTING CLAIMS OF INFRINGEMENT
If you believe that your work has been copied and posted on the Websites in a manner that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Websites; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You may contact our Copyright Agent at LMFJ@LMFJ.com.
INDEMNITY BY YOU
You agree to indemnify, defend and hold Lee Michaels and its respective officers, directors, owners, agents, information providers, licensors and vendors (collectively, the Lee Michaels Parties”) harmless from and against any and all demands, claims, liabilities, damages, losses, costs, and expenses, including, without limitation, attorney’s fees, incurred by any Lee Michaels Party in connection with (i) your use or alleged use of the Websites, (ii) any use or alleged use of the Websites under your password by any person, whether or not authorized by you, including the posting of Content to the website, (iii) your violation of the Agreement, or (iv) your violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. Lee Michaels reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Lee Michaels’ defense of such claim. You agree not to settle any matter without the prior written consent of Lee Michaels. Lee Michaels will use reasonable efforts to notify you of any such claims, demands, action or proceeding upon becoming aware of it.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- NEITHER Lee Michaels NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, OR ERROR FREE; NOR DOES Lee Michaels, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITES OR THE CONTENT. THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. Lee Michaels, ITS THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THE WEBSITES, ANY CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE WEBSITES. NEITHER Lee Michaels NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Lee Michaels OR THROUGH OR FROM THE WEBSITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT OR EXPRESSLY STATED IN A WARRANTY ACCOMPANYING THE PURCHASE OF A PARTICULAR ITEM FROM Lee Michaels.
- Lee Michaels, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES, VENDORS, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS WILL NOT BE RESPONSIBLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE WEBSITES OR CONTENT. ADDITIONALLY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, WILL Lee Michaels OR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES, VENDORS, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITES OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION OR OTHER INTANGIBLE LOSSES OF ANY KIND, WHETHER THE DAMAGES ARE FORSEEABLE AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Lee Michaels, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- CERTAIN LINKS AVAILABLE ON THE WEBSITES LET YOU LEAVE Lee Michaels’ SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Lee Michaels AND Lee Michaels IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Lee Michaels IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Lee Michaels OF THE SITE.
CHOICE OF LAW AND VENUE
The Agreement will be governed by Louisiana law, without regard to its conflicts of laws provisions.
FOR ANY CLAIM BROUGHT BY YOU OR Lee Michaels ARISING OUT OF OR RELATED TO THE AGREEMENT, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN EAST BATON ROUGE PARISH, LOUISIANA.
The Websites (or any portion of the Websites) may be modified, updated, interrupted, suspended or terminated at any time, for any reason, without notice. You agree that Lee Michaels will not be liable to you or to any third party for any modification, update, interruption, suspension or termination of the Websites.
Lee Michaels may suspend your ability to use certain portions of the Websites, and/or ban you altogether from the Websites for any or no reason, without notice and without liability of any kind.
Any termination of the Agreement will not affect your obligations to Lee Michaels under the Agreement (including but not limited to ownership of Content, indemnification, disclaimers of warranty and limitation of liabilities, Lee Michaels’ right to use Your Content, choice of law and venue), which by their sense and context are intended to survive such suspension, termination or cancellation
The Agreement is the entire agreement between you and Lee Michaels concerning the Websites and supersedes all prior or contemporaneous communications between you and Lee Michaels with respect to the Websites. The section titles in the Agreement are for convenience only and have no legal or contractual effect. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. No waiver of any term of the Agreement will be deemed a further or continuing waiver of such term or any other term, and Lee Michaels’ failure to assert any right or provision under the Agreement will not constitute a waiver of such right or provisions.
The Agreement is not assignable, transferable or sublicensable by you except with Lee Michaels’ prior written consent, but may be assigned or transferred by Lee Michaels without restriction. Any assignment attempted to be made in violation of the Agreement will be void.
The prevailing party in any proceeding arising under the Agreement will be entitled to receive reimbursement of its reasonable expenses and attorneys’ fees.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Websites or the Agreement must be filed within (1) year after such claim or cause of action arose or be forever barred.
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